Employment Law

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  • Edition: 3rd
  • Format: Hardcover
  • Copyright: 2005-01-01
  • Publisher: Prentice Hall
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Employment law is a fast growing, ever changing field that will have a lifelong impact on every student. This edition of John Jude Moran's text approaches employment law with a foundation on legal principles that can be applied to help students understand judges' opinions in the cases and examples presented throughout the text. Highlights of the Third Edition bull; bull;New coverage of Human Resources and Human Resource law will appeal to professionals and practitioners in the field and prepare students for the world of work. bull;Added discussion of class actions bull;New Chapter 6, "Arbitration" bull;Seventy-five up-to-date cases including the University of Michigan affirmative action case bull;The addition of Human Resource Dilemmas helps challenge the students' critical thinking skills and ties in with the text's emphasis on Human Resources.

Table of Contents

Prefacep. xiii
Forewordp. xvii
About the Authorp. xviii
Employment Relationship and Procedurep. 1
Employment Relationshipp. 1
Introductionp. 1
Elements of an Employment Contractp. 11
Proper Application of State Lawsp. 11
Types of Authorityp. 12
Duties of Employees and Independent Contractorsp. 13
Employer's Dutiesp. 15
Breach of Contractp. 18
Liability of Employees and Independent Contractorsp. 19
Liabilitiy of Employersp. 20
Review Questionsp. 30
Web Sitesp. 33
Selectionp. 34
Introductionp. 34
Discrimination in Selectionp. 34
Advertising and Recruitingp. 36
Discrimination in Promotionsp. 44
Review Questionsp. 56
Web Sitesp. 58
Testingp. 59
Introductionp. 59
Aptitude Testsp. 60
Residency Testsp. 62
Honesty Testsp. 64
Polygraph Testp. 67
Drug Testingp. 72
Review Questionsp. 92
Web Sitesp. 93
Privacy, Theft, and Whistle-blowingp. 94
Introductionp. 94
Privacy Act of 1974p. 95
Omnibus Crime Control and Safe Streets Actp. 95
Electronic Communications Actp. 96
Fair Credit Reporting Actp. 96
Defamationp. 96
Invasion of Privacyp. 100
Interference with Business Relationsp. 105
Employee Theftp. 106
Surveillancep. 117
Securityp. 117
Office Searchesp. 118
Company Policyp. 120
Whistle-blowingp. 120
Review Questionsp. 125
Web Sitesp. 126
Terminationp. 127
Introductionp. 127
Termination of Employmentp. 128
Model Employment Termination Actp. 136
Contesting the Terminationp. 136
Retaliatory Dischargep. 138
Review Questionsp. 151
Web Sitesp. 152
Employment Discriminationp. 153
Civil Rights Actp. 153
Introductionp. 153
Disparate Treatmentp. 158
Disparate Impactp. 161
Equal Employment Opportunity Commissionp. 165
Civil Rights Act of 1991p. 167
Exemptionsp. 174
Review Questionsp. 176
Web Sitesp. 177
Affirmative Actionp. 178
Introductionp. 178
History of Affirmative Actionp. 179
Title VII Violatorsp. 181
Equal Employment Opportunity Act of 1972p. 184
Affirmative Action Plan Guidelines for the Private Sectorp. 186
Reverse Discriminationp. 187
Conclusionp. 206
Review Questionsp. 208
Web Sitesp. 209
Racial Discriminationp. 210
Introductionp. 210
Racial Harassmentp. 224
Color Discriminationp. 229
Reconstruction Actp. 229
U.S. Constitutionp. 230
Review Questionsp. 233
Web Sitesp. 234
Sex Discriminationp. 235
Introductionp. 235
Sex Plus Discriminationp. 250
Bona Fide Occupational Qualification (BFOQ)p. 253
Equal Payp. 254
Comparable Worthp. 259
Groomingp. 259
Customer Preferencesp. 262
Review Questionsp. 264
Web Sitesp. 266
Sexual Harassmentp. 267
Introductionp. 267
Quid Pro Quop. 281
Hostile Work Environmentp. 283
A Model Sexual Harassment Policyp. 306
Review Questionsp. 312
Web Sitesp. 315
Family Leave and Pregnancy Discriminationp. 316
Introductionp. 316
Family Leavep. 317
Pregnancy Discriminationp. 326
Fetal Protection Policiesp. 331
Review Questionsp. 340
Web Sitesp. 341
Sexual Orientationp. 342
Introductionp. 342
Review Questionsp. 365
Web Sitesp. 366
Religious Discriminationp. 367
Introductionp. 367
Accommodating Religious Beliefsp. 371
Bona Fide Occupational Qualificationp. 374
First Amendment Protectionp. 381
Review Questionsp. 383
Web Sitesp. 384
National Originp. 385
Introductionp. 385
Immigration Reform and Control Actp. 398
Review Questionsp. 404
Web Sitesp. 406
Age Discriminationp. 407
Introductionp. 407
Review Questionsp. 423
Web Sitesp. 425
Disability Discriminationp. 426
Introductionp. 426
Reasonable Accommodationsp. 427
AIDS Discriminationp. 445
Workers with Contagious Diseasesp. 451
A Model for a Company Policy on AIDSp. 452
The Future for Disabled Workersp. 453
Review Questionsp. 454
Web Sitesp. 456
Employment Regulationp. 457
Unions and Collective Bargaining Agreementsp. 457
Introductionp. 457
Sherman Actp. 458
Clayton Actp. 459
Railway Labor Actp. 459
Norris LaGuardia Actp. 459
National Labor Relations Actp. 460
Taft Hartley Actp. 460
The Future for Unionsp. 460
Collective Bargainingp. 463
Review Questionsp. 470
Web Sitesp. 471
Wage and Hour Regulationp. 472
Introductionp. 472
Fair Labor Standards Actp. 473
Child Laborp. 482
Review Questionsp. 483
Web Sitesp. 484
Occupational Safety and Health Actp. 485
Introductionp. 485
Administrative Agenciesp. 486
Secretary of Laborp. 486
Permanent Standardsp. 487
Emergency Standardsp. 493
Partial and Permanent Disabilityp. 496
Review Questionsp. 501
Web Sitesp. 502
Workers' Compensationp. 503
Introductionp. 503
Purposep. 504
Reporting a Claimp. 506
Workers' Compensation Boardp. 511
False Representationsp. 512
Employer Defensesp. 512
Review Questionsp. 517
Web Sitesp. 518
Employee Retirement Income Security Actp. 519
Introductionp. 519
Defined Benefit Planp. 520
Defined Contribution Planp. 520
Purposep. 530
Fiduciary Dutiesp. 534
Inflationp. 538
Tax Incentivesp. 538
Review Questionsp. 539
Web Sitesp. 540
Case Indexp. 541
Subject Indexp. 545
Table of Contents provided by Syndetics. All Rights Reserved.


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 has become one of the most litigated areas 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. Family leave may soon be given with pay. 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 is often in place with countless more workers and a vice president as its leader. At the other end of the spectrum, NAFTA and GATT has made inroads against unions, labor laws, OSHA, workers' compensation, unemployment insurance, pension and health benefit s, 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 dollar of 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 on businesses, management, and employees. The focus ofEmployment Law: New Challenges in the Business Environmentis 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 in this book). Seventy-five cases from the year 2000 to present have been added to this edition. Each case is followed by case questions and commentary. Human resource advice and a chapter checklist appear at the beginning of each chapter with a hypothetical scenario illustrating employment law problems confronted by a small business. Employee lessons, human resource dilemmas, case problems, review questions, and a Web site assignment close out each chapter. Employment Law: New Challenges in the Business Environmentis 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 having the students resolve the issues in dispute. In each chapter, cases are included 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. It also 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 pract

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