Chapter 50.docx - BUSINESS LAW Chapter 50 Employment Law Introduction The key statutes on employment law and employment discrimination discussed here

Chapter 50.docx - BUSINESS LAW Chapter 50 Employment Law...

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BUSINESS LAW Chapter 50 Employment Law Introduction The key statutes on employment law and employment discrimination discussed here stand as an important set of exceptions to the basic common-law rule of employment at will . That rule holds that in the absence of a contractual agreement otherwise, an employee is free to leave employment at any time and for any reason; similarly, an employer is free to fire employees at any time and for any reason. 1. Federal Employment Discrimination Laws Know the various federal discrimination laws and how they are applied in various cases. Distinguish between disparate impact and disparate treatment cases. Understand the concept of affirmative action and its limits in employment law. Section Outline Employment discrimination is treating employees or job applicants unequally on the basis of race, color, national origin, religion, sex (gender), age, or disability. o Until the 1960s, Congress had intruded but little in the affairs of employers except in union relationships. A company could refuse to hire members of racial minorities, exclude women from promotions, or pay men more than women for the same work. o But with the rise of the civil rights movement in the early 1960s, Congress (and many states) began to legislate away the employer’s frequently exercised power to discriminate. © 2017 FlatWorld 1
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BUSINESS LAW o The most important statutes are Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. The most basic antidiscrimination law in employment is in Title VII of the federal Civil Rights Act of 1964. The key prohibited discrimination is that based on race, but Congress also included sex, religion, national origin, and color as prohibited bases for hiring, promotion, layoff, and discharge decisions. o The passage of the Civil Rights Act of 1964 was the culmination of a long history that dated back to slavery, the founding of the US legal system, the Civil War, and many historical and political developments over the ninety- nine years from the end of the Civil War to the passage of the act. o During the Reconstruction Era, many of the Southern states resisted the laws that were passed in Washington, DC, to bolster civil rights. To a significant extent, decisions rendered by the US Supreme Court in this era —such as Plessy v. Ferguson , condoning “separate but equal” facilities for different races—restricted the utility of these new federal laws. o The Supreme Court gave impetus to the civil rights movement in its reversal of the “separate but equal” doctrine in the Brown v. Board of Education decision. This decision meant that white and black children could not be forced to attend separate public schools.
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  • Spring '16
  • Lynda Campbell

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