Employment Law

Employee at will could be fired for a good reason, a bad reason or no reason at all

1935, Wagner Act

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

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

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

prohibits an employer from firing a worker for a bad reason, public policy & contract law & tort law

Refusing to violate the law, exercising a legal right, performing a legal duty

employees who disclose illegal behavior on the part of their employer, YES

now, traditionally many employers & employees thought only a formal, signed agreement qualified as an employment contract

oral promises made during hiring enforceable even if not made by company's top executives

Some courts say yes

prohibits one party to a contract from interfering with the other's right to benefit under the contract, sometimes applied to at-will relationships

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

Courts have said no but recently they have changed their mind.

employers who condone cruel treatment of their workers face liablity under this tort

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

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

can't be part of hiring process, only used as part of an "on-going investigation" into crimes

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

1983, regulates wages & child labor

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

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

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

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

disparate treatment
disparate impact

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

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

employers must make reasonable accomodation for a worker's religious beliefs unless the request would cause an undue hardship on the business.

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

not required by title 7 nor is it prohibited

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

"This for that", occurs if any aspect of job is made contingent upon sexual activity

sexual talk and innuendo are so pervasive that they interfere with the employee's ability to work, more common

victimized employee has suffered a "tangible employment action" such as firing, demotion, or reassignment

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

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

1978, treated as any other temporary disablity

1967, prohibits age discrimination against employees and job applicants who are 40+

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

NO, can only ask whether applicant can perform work

1. exam is job-related 2. required for all applicants for similar jobs

Yes, but courts are less understanding