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42 Cards in this Set
- Front
- Back
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Basic Common Law of Employment
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Employee at will could be fired for a good reason, a bad reason or no reason at all
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When was the National Labor Relations Act passed and what is another name for it?
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1935, Wagner Act
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What does the NLRA do?
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created National Labor Relations Board enforce labor laws, prohibits employers from penalizing workers from engaging in union activity, and requires employers to "bargain in good faith" with unions
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Family and Medical Leave Act
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1993, gurantees both men and women 12 weeks of UNPAID leave each year for childbirth, adoption, or medical emergencies for themselves or a family member, employee must be allowed to return to same job or equivalent job with same pay and benefits, must have worked at company for at least a year
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COBRA
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Consolidated Omnibus Reconciliation Act, former employees must be allowed to continue their health insurance for 18 months after leaving the job but must pay 102% of the cost
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3 categories of wrongful discharge
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prohibits an employer from firing a worker for a bad reason, public policy & contract law & tort law
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Examples of public policy
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Refusing to violate the law, exercising a legal right, performing a legal duty
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Whistblowers- what are they and are they protected?
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employees who disclose illegal behavior on the part of their employer, YES
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Are courts more willing to enforce employer's casual promises now or were they in the past?
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now, traditionally many employers & employees thought only a formal, signed agreement qualified as an employment contract
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truth in hiring
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oral promises made during hiring enforceable even if not made by company's top executives
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Employee handbook--can they create contracts?
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Some courts say yes
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Covenant of good faith and fair dealing
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prohibits one party to a contract from interfering with the other's right to benefit under the contract, sometimes applied to at-will relationships
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Tort Law--Defamation
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Employers liable for defamation when they give false (which they know to be false) and unfavorable references about a former employee motivated by ill will
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Do employers have a legal obligation to disclose info about potentially dangerous employees?
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Courts have said no but recently they have changed their mind.
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Intentional infliction of emotional distress
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employers who condone cruel treatment of their workers face liablity under this tort
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Occupational Safety and Health Act
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1970, employers...
-must comply with certain health & safety standards -are under a obligation to keep workplace "free from recognized hazards causing harm or death" to employees -must keep records of all workplace injuries and accidents -OSHA may inspect workplaces to make sure they are safe with probable cause and a search warrant |
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Alcohol and Drug Testing
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Easier to test private sector employee than govt employee, govt employee can only be tested if they show signs of use or if they are in a job where this type of abuse endangers the public
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Lie Detector Tests
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can't be part of hiring process, only used as part of an "on-going investigation" into crimes
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Electronic Monitoring of the Workplace
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ECPA permits employers to monitor emails and calls if 1. employee consents 2. monitoring occurs during the ordinary course of business 3. employer provides email system
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Fair Labor Standards Act
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1983, regulates wages & child labor
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Worker's Compensation
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ensure that employees receive payments for injuries incurred at work, provide fixed, certain recovery to injured employee no matter who was at fault for accident however employee not allowed to sue employer for negligence
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Social Security
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1935 during Great Depression, pays benefits to workers who are retired, disabled or temporarily unemployed and to the spouses & children of disabled and deceased workers, financed by tax paid by current workers & employers & self-employed
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Equal Pay Act of 1963
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employee may not be paid at a lesser rate than employees of the opposite sex for equal work
*equal work--tasks that require same skill, effort, responsiblity under similar working conditions |
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Title 7 of Civil Rights Act of 1964
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prohibts employers from discriminating on basis of race, color, religion, sex, or national origin
prohibits 1. discrimination in workplace 2. sexual harassment 3. discrimination because of pregnancy |
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2 ways to prove discrimination
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disparate treatment
disparate impact |
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Disparate treatment
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show plain discrimination, 1. plaintiff create a presumption that discrimination occured 2. defendent must present evidence that its decision was based on legitimate, nondiscriminatory reasons 3. to win, plaintiff must prove employer discriminated
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Disparate impact
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employer has a rule that isn't discriminatory but excludes too many people from a protected group, 1. plaintiff has to show disparate impact 2. defendent must offer evidence that employment practice was job-related business necessity 3. plaintiff must prove that either employer's reason is a pretext or that other, less discriminatory rules could achieve same result in order to win
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religion
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employers must make reasonable accomodation for a worker's religious beliefs unless the request would cause an undue hardship on the business.
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Defenses to charges of discrimination
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Merit ex. test results, education, productivity, seniority, bona fide occupational qualification allowed if essential to position ex: 1. sexy image 2. privacy 3. authenticity
***Race can NEVER be a bona fide occupational qualification |
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Affirmative action
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not required by title 7 nor is it prohibited
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Sexual harassment
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unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
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Quid Pro quo
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"This for that", occurs if any aspect of job is made contingent upon sexual activity
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Hostile work environment
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sexual talk and innuendo are so pervasive that they interfere with the employee's ability to work, more common
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Company liable if...
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victimized employee has suffered a "tangible employment action" such as firing, demotion, or reassignment
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Company not liable if...
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1. company used reasonable care to prevent and correct sexually harassing behavior 2. employee unreasonably failed to take advantage of complaint procedure or other preventative opportunities provided by company
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Procedures and remedies
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plaintiff must first file suit with Equal Employment Opportunity Commission, remedies are: hiring, reinstatement, retroactive seniority, back pay, reasonable attorney's fees, damages upto $300,000
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Pregnancy
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1978, treated as any other temporary disablity
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Age discrimination
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1967, prohibits age discrimination against employees and job applicants who are 40+
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Americans with Disablities Act
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1990, disabled person--someone with a physical or mental impairment that substantially limits a major life activity, employer may not disqualify job applicant/employee if with reasonable accomodation they can perform essential functions of the job but not possible if it creates undue hardship on the business
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May an employer ask about any disablities before making a job offer?
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NO, can only ask whether applicant can perform work
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Employer can't require applicants to take medical exam unless...
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1. exam is job-related 2. required for all applicants for similar jobs
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Is medical illness treated as a disablity?
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Yes, but courts are less understanding
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