Employment Law / Edition 6

by John Moran

Overview

The second edition of Employment Lawdeals with the subject by making it easy for readers to understand. It takes a simple approach to employment law with a foundation of legal principles explained in the layperson's language. Hypothetical Situation scenarios are presented in every chapter to illustrate the employment law problems that small businesses confront. Includes separate chapters on Racial Discrimination, Sex Discrimination, Sexual Orientation, and Age Discrimination. For Human Resource Managers, or those in the legal profession.

Product Details

ISBN-13:	2900133075228
Publisher:	Pearson Education
Publication date:	01/23/2013
Edition description:	New Edition
Pages:	560
Product dimensions:	8.80(w) x 10.70(h) x 1.50(d)

Table of Contents

	Preface	xiii
	Foreword	xvii
	About the Author	xviii
Part I	Employment Relationship and Procedure	1
Chapter 1	Employment Relationship	1
	Introduction	1
	Elements of an Employment Contract	11
	Proper Application of State Laws	11
	Types of Authority	12
	Duties of Employees and Independent Contractors	13
	Employer's Duties	15
	Breach of Contract	18
	Liability of Employees and Independent Contractors	19
	Liabilitiy of Employers	20
	Review Questions	30
	Web Sites	33
Chapter 2	Selection	34
	Introduction	34
	Discrimination in Selection	34
	Advertising and Recruiting	36
	Discrimination in Promotions	44
	Review Questions	56
	Web Sites	58
Chapter 3	Testing	59
	Introduction	59
	Aptitude Tests	60
	Residency Tests	62
	Honesty Tests	64
	Polygraph Test	67
	Drug Testing	72
	Review Questions	92
	Web Sites	93
Chapter 4	Privacy, Theft, and Whistle-blowing	94
	Introduction	94
	Privacy Act of 1974	95
	Omnibus Crime Control and Safe Streets Act	95
	Electronic Communications Act	96
	Fair Credit Reporting Act	96
	Defamation	96
	Invasion of Privacy	100
	Interference with Business Relations	105
	Employee Theft	106
	Surveillance	117
	Security	117
	Office Searches	118
	Company Policy	120
	Whistle-blowing	120
	Review Questions	125
	Web Sites	126
Chapter 5	Termination	127
	Introduction	127
	Termination of Employment	128
	Model Employment Termination Act	136
	Contesting the Termination	136
	Retaliatory Discharge	138
	Review Questions	151
	Web Sites	152
Part II	Employment Discrimination	153
Chapter 6	Civil Rights Act	153
	Introduction	153
	Disparate Treatment	158
	Disparate Impact	161
	Equal Employment Opportunity Commission	165
	Civil Rights Act of 1991	167
	Exemptions	174
	Review Questions	176
	Web Sites	177
Chapter 7	Affirmative Action	178
	Introduction	178
	History of Affirmative Action	179
	Title VII Violators	181
	Equal Employment Opportunity Act of 1972	184
	Affirmative Action Plan Guidelines for the Private Sector	186
	Reverse Discrimination	187
	Conclusion	206
	Review Questions	208
	Web Sites	209
Chapter 8	Racial Discrimination	210
	Introduction	210
	Racial Harassment	224
	Color Discrimination	229
	Reconstruction Act	229
	U.S. Constitution	230
	Review Questions	233
	Web Sites	234
Chapter 9	Sex Discrimination	235
	Introduction	235
	Sex Plus Discrimination	250
	Bona Fide Occupational Qualification (BFOQ)	253
	Equal Pay	254
	Comparable Worth	259
	Grooming	259
	Customer Preferences	262
	Review Questions	264
	Web Sites	266
Chapter 10	Sexual Harassment	267
	Introduction	267
	Quid Pro Quo	281
	Hostile Work Environment	283
	A Model Sexual Harassment Policy	306
	Review Questions	312
	Web Sites	315
Chapter 11	Family Leave and Pregnancy Discrimination	316
	Introduction	316
	Family Leave	317
	Pregnancy Discrimination	326
	Fetal Protection Policies	331
	Review Questions	340
	Web Sites	341
Chapter 12	Sexual Orientation	342
	Introduction	342
	Review Questions	365
	Web Sites	366
Chapter 13	Religious Discrimination	367
	Introduction	367
	Accommodating Religious Beliefs	371
	Bona Fide Occupational Qualification	374
	First Amendment Protection	381
	Review Questions	383
	Web Sites	384
Chapter 14	National Origin	385
	Introduction	385
	Immigration Reform and Control Act	398
	Review Questions	404
	Web Sites	406
Chapter 15	Age Discrimination	407
	Introduction	407
	Review Questions	423
	Web Sites	425
Chapter 16	Disability Discrimination	426
	Introduction	426
	Reasonable Accommodations	427
	AIDS Discrimination	445
	Workers with Contagious Diseases	451
	A Model for a Company Policy on AIDS	452
	The Future for Disabled Workers	453
	Review Questions	454
	Web Sites	456
Part III	Employment Regulation	457
Chapter 17	Unions and Collective Bargaining Agreements	457
	Introduction	457
	Sherman Act	458
	Clayton Act	459
	Railway Labor Act	459
	Norris LaGuardia Act	459
	National Labor Relations Act	460
	Taft Hartley Act	460
	The Future for Unions	460
	Collective Bargaining	463
	Review Questions	470
	Web Sites	471
Chapter 18	Wage and Hour Regulation	472
	Introduction	472
	Fair Labor Standards Act	473
	Child Labor	482
	Review Questions	483
	Web Sites	484
Chapter 19	Occupational Safety and Health Act	485
	Introduction	485
	Administrative Agencies	486
	Secretary of Labor	486
	Permanent Standards	487
	Emergency Standards	493
	Partial and Permanent Disability	496
	Review Questions	501
	Web Sites	502
Chapter 20	Workers' Compensation	503
	Introduction	503
	Purpose	504
	Reporting a Claim	506
	Workers' Compensation Board	511
	False Representations	512
	Employer Defenses	512
	Review Questions	517
	Web Sites	518
Chapter 21	Employee Retirement Income Security Act	519
	Introduction	519
	Defined Benefit Plan	520
	Defined Contribution Plan	520
	Purpose	530
	Fiduciary Duties	534
	Inflation	538
	Tax Incentives	538
	Review Questions	539
	Web Sites	540
	Case Index	541
	Subject Index	545

Preface

Employment law is an area that is constantly changing. Decisions are being rendered that redefine the parameters of selection, discrimination, privacy, and termination. Sexual harassment is the most litigated area of employment law. The number of cases involving disability discrimination is growing rapidly. Sexual orientation may soon be considered a suspect classification under gender discrimination. At-will employment may soon be displaced by the Model Termination in Employment Act's termination for cause contracts in lieu of an employee's right to sue. Arbitration will be the method for dispute resolution. The right of privacy advocates will continue to do battle with the proponents of drug and polygraph testing. As companies continue to find ways to improve the bottom line, diminishing employee theft of goods, services, and time will be a likely target. Surveillance will increase through the implementation of subtle methods. A trend has developed eliminating affirmative action in certain jurisdictions.

Employment issues used to be handled by personnel departments with a director as the head. Now, a human resources division's often in place with countless more workers and a vice president as its leader. At the other end of the spectrum, NAFTA and GATT will make inroads against unions, labor laws, OSHA, workers' compensation, unemployment insurance, pension and health benefits, minimum and hourly wage laws, child labor laws, and the number of high-paying skilled and office positions through the deployment of jobs to Mexico and overseas where these laws are not in effect. The global business environment will entice companies to seek out the most efficient labor force per dollarof wages and the least expensive manufacturing plants and office space. American workers will have to work longer, harder, and more efficiently while continuously learning skills to keep them competitive.

Employment issues are now high profile. The study of employment law is important because of the impact it will have op businesses, management, and employees. The focus of Employment Law: New Challenges in the Business Environment is on discrimination and employment regulation. As with my first book, Practical Business Law, I have written this book presenting principles of law in a step-building approach and illustrating those principles with stimulating employment perspectives (there are more than 100 employment perspectives).

Ninety percent of cases are 1995 to date with 80 percent of the 120 cases new to this edition. A chapter checklist appears at the beginning of each chapter with a hypothetical scenario illustrating employment law problems confronted by a small business. Employer and employee lessons and a chapter summary close out each chapter.

Employment Law: New Challenges in the Business Environment is a simple approach to employment law, with a foundation of legal principles explained in the layperson's language. The principles, once learned, can be applied to understand the judges' opinions in the cases presented.

The ultimate task in learning is to apply the principles of law to factual situations. This can be accomplished through the use of cases and chapter review questions to stimulate class discussions. Cases are included in each chapter that focus on the important principles of law to be learned. These cases are extracted from actual cases to enhance class discussions while providing the student with a pragmatic view of the reasoning behind court decisions. This makes the book timely. This provides the student with a text he or she can truly understand and appreciate. At the same time, the text affords the professor the opportunity to discuss the principles more fully by introducing his or her own examples and instances of practical experience.

A hypothetical scenario involving a small business, its owners, and their attorney continues through the text. In each chapter, the owners are confronted with a legal challenge involving their employees. With the legal guidance of their attorney, they attempt to resolve the conflict.

Chapter checklists are incorporated into each chapter to highlight the important principles students should glean from the text.

Employer and employee lessons located toward the culmination of each chapter speak to the issues that employers and employees should concern themselves with to minimize potential litigation.

One hundred percent of the cases, which are incorporated into the end of the chapter review questions, are from no earlier than 1990.

Part I sets f4th the parameters of the relationship between employer and employee and independent contractor. The distinction between an employer and independent contractor is identified. The rights and duties of the parties are spelled out in the employment contract along with the resulting liability should a breach occur.

The procedure for selecting and testing employees is also discussed. A considerable problem for employers is employee theft. Balancing the privacy interests of employees with the employer's desire to utilize testing, investigations, inspections, and surveillance is discussed. Finally, the issues of at-will employment, termination for cause, end wrongful discharge are explained.

Part II presents the Civil Rights Act, affirmative action, and the various forms of discrimination found in employment. Hot issues include sexual harassment, racial discrimination, disability discrimination, and sexual orientation.

Part III addresses government regulation of the workplace with regard to unions, collective bargaining, minimum and maximum wage hours, safety, health, compensation for injuries, and pension and health benefits.

Web site addresses will be cited at the end of each chapter for student reference. The Web Sites are current as of September 2001.

Finally, excerpts from the relevant statutes for each of the above topics are included in a companion web site. This will promote greater use by the student through ease of access.

This book was written because of the timeliness and importance of employment law and its interaction with the business curriculum. It is important that students understand the impact employment law has on both management and employees.

I wish to express gratitude to my parents, Rita and John, for their love and support.

I am indebted to Anthony Ginetto, for his thought-provoking and insightful commentary in the foreword. Mr. Ginetto is a highly regarded legal scholar in the field of employment law. He received his J.D. degree from St. John's University Law School and his L.L.M. degree from New York University Law School.

I appreciate the tireless efforts of the following individuals from Prentice Hall: Virginia Sheridan, Editorial Assistant, John Roberts, Managing Editor of Production, Maureen Wilson, Production Editor, Debbie Clare, Marketing Manager, and Jeff Shelstad, Editor-in-Chief. Ann Imhof at Carlisle Publishers Services did an exemplary job regarding the layout and composition, for which I am grateful.

I wish to thank the following people for their review of the manuscript: Dr. Sandra Powell, Weber State University; William McDevitt, Saint Joseph's University; and Michele Longeau, University of Phoenix.

J. J. Moran, J. D.