Employment Law

by Moran, John J.

• ISBN13: 9780131477353
• ISBN10: 0131477358
• Edition: 3rd
• Format: Hardcover
• Copyright: 2005-01-01
• Publisher: Prentice Hall

Summary

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

Preface	p. xiii
Foreword	p. xvii
About the Author	p. xviii
Employment Relationship and Procedure	p. 1
Employment Relationship	p. 1
Introduction	p. 1
Elements of an Employment Contract	p. 11
Proper Application of State Laws	p. 11
Types of Authority	p. 12
Duties of Employees and Independent Contractors	p. 13
Employer's Duties	p. 15
Breach of Contract	p. 18
Liability of Employees and Independent Contractors	p. 19
Liabilitiy of Employers	p. 20
Review Questions	p. 30
Web Sites	p. 33
Selection	p. 34
Introduction	p. 34
Discrimination in Selection	p. 34
Advertising and Recruiting	p. 36
Discrimination in Promotions	p. 44
Review Questions	p. 56
Web Sites	p. 58
Testing	p. 59
Introduction	p. 59
Aptitude Tests	p. 60
Residency Tests	p. 62
Honesty Tests	p. 64
Polygraph Test	p. 67
Drug Testing	p. 72
Review Questions	p. 92
Web Sites	p. 93
Privacy, Theft, and Whistle-blowing	p. 94
Introduction	p. 94
Privacy Act of 1974	p. 95
Omnibus Crime Control and Safe Streets Act	p. 95
Electronic Communications Act	p. 96
Fair Credit Reporting Act	p. 96
Defamation	p. 96
Invasion of Privacy	p. 100
Interference with Business Relations	p. 105
Employee Theft	p. 106
Surveillance	p. 117
Security	p. 117
Office Searches	p. 118
Company Policy	p. 120
Whistle-blowing	p. 120
Review Questions	p. 125
Web Sites	p. 126
Termination	p. 127
Introduction	p. 127
Termination of Employment	p. 128
Model Employment Termination Act	p. 136
Contesting the Termination	p. 136
Retaliatory Discharge	p. 138
Review Questions	p. 151
Web Sites	p. 152
Employment Discrimination	p. 153
Civil Rights Act	p. 153
Introduction	p. 153
Disparate Treatment	p. 158
Disparate Impact	p. 161
Equal Employment Opportunity Commission	p. 165
Civil Rights Act of 1991	p. 167
Exemptions	p. 174
Review Questions	p. 176
Web Sites	p. 177
Affirmative Action	p. 178
Introduction	p. 178
History of Affirmative Action	p. 179
Title VII Violators	p. 181
Equal Employment Opportunity Act of 1972	p. 184
Affirmative Action Plan Guidelines for the Private Sector	p. 186
Reverse Discrimination	p. 187
Conclusion	p. 206
Review Questions	p. 208
Web Sites	p. 209
Racial Discrimination	p. 210
Introduction	p. 210
Racial Harassment	p. 224
Color Discrimination	p. 229
Reconstruction Act	p. 229
U.S. Constitution	p. 230
Review Questions	p. 233
Web Sites	p. 234
Sex Discrimination	p. 235
Introduction	p. 235
Sex Plus Discrimination	p. 250
Bona Fide Occupational Qualification (BFOQ)	p. 253
Equal Pay	p. 254
Comparable Worth	p. 259
Grooming	p. 259
Customer Preferences	p. 262
Review Questions	p. 264
Web Sites	p. 266
Sexual Harassment	p. 267
Introduction	p. 267
Quid Pro Quo	p. 281
Hostile Work Environment	p. 283
A Model Sexual Harassment Policy	p. 306
Review Questions	p. 312
Web Sites	p. 315
Family Leave and Pregnancy Discrimination	p. 316
Introduction	p. 316
Family Leave	p. 317
Pregnancy Discrimination	p. 326
Fetal Protection Policies	p. 331
Review Questions	p. 340
Web Sites	p. 341
Sexual Orientation	p. 342
Introduction	p. 342
Review Questions	p. 365
Web Sites	p. 366
Religious Discrimination	p. 367
Introduction	p. 367
Accommodating Religious Beliefs	p. 371
Bona Fide Occupational Qualification	p. 374
First Amendment Protection	p. 381
Review Questions	p. 383
Web Sites	p. 384
National Origin	p. 385
Introduction	p. 385
Immigration Reform and Control Act	p. 398
Review Questions	p. 404
Web Sites	p. 406
Age Discrimination	p. 407
Introduction	p. 407
Review Questions	p. 423
Web Sites	p. 425
Disability Discrimination	p. 426
Introduction	p. 426
Reasonable Accommodations	p. 427
AIDS Discrimination	p. 445
Workers with Contagious Diseases	p. 451
A Model for a Company Policy on AIDS	p. 452
The Future for Disabled Workers	p. 453
Review Questions	p. 454
Web Sites	p. 456
Employment Regulation	p. 457
Unions and Collective Bargaining Agreements	p. 457
Introduction	p. 457
Sherman Act	p. 458
Clayton Act	p. 459
Railway Labor Act	p. 459
Norris LaGuardia Act	p. 459
National Labor Relations Act	p. 460
Taft Hartley Act	p. 460
The Future for Unions	p. 460
Collective Bargaining	p. 463
Review Questions	p. 470
Web Sites	p. 471
Wage and Hour Regulation	p. 472
Introduction	p. 472
Fair Labor Standards Act	p. 473
Child Labor	p. 482
Review Questions	p. 483
Web Sites	p. 484
Occupational Safety and Health Act	p. 485
Introduction	p. 485
Administrative Agencies	p. 486
Secretary of Labor	p. 486
Permanent Standards	p. 487
Emergency Standards	p. 493
Partial and Permanent Disability	p. 496
Review Questions	p. 501
Web Sites	p. 502
Workers' Compensation	p. 503
Introduction	p. 503
Purpose	p. 504
Reporting a Claim	p. 506
Workers' Compensation Board	p. 511
False Representations	p. 512
Employer Defenses	p. 512
Review Questions	p. 517
Web Sites	p. 518
Employee Retirement Income Security Act	p. 519
Introduction	p. 519
Defined Benefit Plan	p. 520
Defined Contribution Plan	p. 520
Purpose	p. 530
Fiduciary Duties	p. 534
Inflation	p. 538
Tax Incentives	p. 538
Review Questions	p. 539
Web Sites	p. 540
Case Index	p. 541
Subject Index	p. 545
Table of Contents provided by Syndetics. All Rights Reserved.

Excerpts

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