BLRB42 - Business Law and the Regulation of Business...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Business Law and the Regulation of Business Regulation Chapter 42: Employment Law Chapter By Richard A. Mann & Barry S. Roberts Topics Covered in this Chapter Topics A. Labor Law B. Employment Discrimination Law C. Employee Protection Labor Law s Purpose - to provide the general framework in which management and labor negotiate terms of employment labor Norris–La Guardia Act Norris s Established as United States policy the Established full freedom of labor to form labor unions without employer interference and withdrew from the Federal courts the power to issue injunctions in nonviolent labor disputes (any controversy concerning terms or conditions of employment or union representation). representation). National Labor Relations Act National Right to Unionize - declares it a Federally protected right of employees to unionize and to bargain collectively. to s Prohibits Unfair Employer Practices the Act identifies five unfair labor practices by an employer. practices s National Labor Relations Board created to administer these rights. created s Labor-Management Relations Act Labor-Management s s s Prohibits Unfair Union Practices - the Act identifies seven unfair labor practices by a union. union. Prohibits Closed Shops - which are agreements that mandate that employers can hire only union members. can Allows Union Shops - an employer can hire nonunion members, but the employee must join the union. join Unfair Labor Practices Unfair Unfair Employer Practices • Interfering with right to unionize • Refusing to bargain in good faith Unfair Union Practices • Coercing an employee to join the union • Refusing to bargain in good faith • Discriminating against union members • Causing an employer to discriminate against a nonunion employee • Dominating the union • Discriminating against an employee • Featherbedding • Picketing an employer to require recognition of an uncertified union • Engaging in secondary activity • Levying excessive or discriminatory dues Other Acts Other s s s s Labor-Management Reporting and Labor-Management Disclosure Act - aimed at eliminating Disclosure corruption in unions. corruption Fair Labor Standards Act - regulates child labor outside of agriculture. labor Worker Adjustment and Retraining Worker Notification Act - requires an employer to Notification provide sixty days' advance notice of a plant closing or mass layoff. closing Family and Medical Leave Act of 1993 grants employees leave for serious health conditions or certain other events. conditions Employment Discrimination Law Employment Equal Pay Act - prohibits an employer from discriminating between employees on the basis of gender by paying unequal wages for the same work. unequal s Civil Rights Act of 1964 - prohibits employment discrimination on the basis of race, color, gender, religion, or national origin. national s Employment Discrimination Law Employment Equal Pay Act - prohibits an employer from discriminating between employees on the basis of gender by paying unequal wages for the same work. unequal s Civil Rights Act of 1964 - prohibits employment discrimination on the basis of race, color, gender, religion, or national origin. national s Civil Rights Act of 1964 Civil Pregnancy Discrimination Act of Pregnancy 1978 - extends the benefits of the Civil 1978 Rights Act to pregnant women. Rights s Equal Employment Opportunity Equal Commission (EEOC) - enforcement Commission agency for the Act. agency s Affirmative Action - active recruitment of a designated group of applicants. of s Charges Filed in 2000 with EEOC Charges Category Race Sex National Origin Religion Retaliation Age Disability Equal Pay Number of charges 28,945 25,194 7,792 1,939 19,753 16,008 15,864 1,270 Source: EEOC National Database, Jan. 2001 Civil Rights Act of 1964 Civil s s Discrimination - prohibited; includes (1)prohibited; using proscribed criteria to produce using disparate treatment, (2)-engaging in nondiscriminatory conduct that perpetuates past discrimination, and (3)-adopting neutral roles that have a disparate impact. roles Reverse Discrimination - affirmative action that directs an employer to consider an individual's race or gender when hiring or promoting for the purpose of remedying under-representation of that race or gender in typically segregated jobs. in Civil Rights Act of 1964 Civil Defenses - three defenses are provided by the Act (1)-a bona fide bona seniority or merit system, (2)-a professionally developed ability test, and (3)-a bona fide occupational bona qualification. qualification. s Remedies - remedies for violation of the Act include injunctions, affirmative action, reinstatement, back pay, and compensatory and punitive damages. compensatory s Civil Rights Act of 1964 Civil Sexual Harassment - an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. physical s Comparable Worth - equal pay for jobs that are of equal value to the employer. that s Executive Order Executive s Prohibits discrimination by Federal Prohibits contractors on the basis of race, color, gender, religion, or national origin on any work the contractors perform during the period of the Federal contract. the Employment Discrimination Law Employment Age Discrimination in Employment Age Act of 1967 - prohibits discrimination on Act the basis of age in hiring, firing, or compensating. compensating. s Disability Law - several Federal acts, Disability including the Americans with Disabilities Act, provide assistance to the disabled in obtaining rehabilitation training, access to public facilities, and employment. employment. s Federal Employment Discrimination Laws Discrimination Protected Prohibited Conduct Defenses Characteristics Equal Pay Act Sex Wages Seniority Merit Quality or quantity measures Any factor other than sex Remedies Back pay Injunction Liquidated damages Attorney’s fees Title VII of the Civil Rights Race Color Sex Religion National origin Terms, conditions, or Seniority privileges of Ability test employment BFOQ (except for race) Business necessity (disparate impact only) Back pay Injunction Reinstatement Compensatory and punitive damages for intentional discrimination • unlimited for race • limited for all others Attorney’s fees Federal Employment Discrimination Laws (cont.) (cont.) Protected Prohibited Conduct Characteristics Age Discrimination in Age Employment Act Defenses Remedies Back pay Injunction Reinstatement Liquidated damages for willful violation Attorney’s fees Back pay Injunction Reinstatement Compensatory and punitive damages for intentional discrimination (limited) Attorney’s fees Terms, conditions, or Seniority privileges of BFOQ employment Any other reasonable act Americans with Disabilities Act Disability Terms, conditions, or Undue hardship privileges of Job-related criteria employment and business necessity Risk to public health and safety Employee Termination at Will Employee s s s s Under the common law, a contract of Under employment for other than a definite term is terminable at will by either party. terminable Statutory Limitations - have been enacted by the Federal government and some States. States. Judicial Limitations - based on contract law, tort law, or public policy. law, Limitations Imposed by Union Contract Employee Protection s s s s Occupational Safety and Health Act enacted to assure workers of a safe and healthful work environment. healthful Workers' Compensation - awarded to an Workers' employee injured in the course of employment. employee Social Security - measures by which the Social government provides economic assistance to disabled or retired employees and dependents. disabled Unemployment Compensation - awarded to Unemployment workers who have lost their jobs and cannot find other employment. find Employee Privacy Employee Drug and Alcohol Testing - some Drug States either prohibit such tests or prescribe certain scientific and procedural safeguards. procedural s Lie Detector Tests - Federal statute Lie prohibits private employers from requiring employees or prospective employees to take such tests. employees s ...
View Full Document

This note was uploaded on 10/25/2009 for the course LAW 100 taught by Professor Liu during the Spring '09 term at Zhejiang University.

Ask a homework question - tutors are online