Legislation Affecting Employment Chapter 11: Employment Laws & Discrimination.

Legislation Affecting Employment Legislation Affecting Employment

Chapter 11: Employment Laws & DiscriminationChapter 11: Employment Laws & Discrimination

Understanding Business and Personal Law

Legislation Affecting Legislation Affecting Employment Employment

Section 20.2Section 20.2

Employment Law

What You’ll Learn

How to recognize those areas of How to recognize those areas of employment that must be included in any employment that must be included in any collective bargaining process (p. 442)collective bargaining process (p. 442)

How to identify the objectives of the Taft-How to identify the objectives of the Taft-Hartley Act (p. 443)Hartley Act (p. 443)




Employment Law

What You’ll Learn

How to identify the goal of the Landrum-How to identify the goal of the Landrum-Griffin Act (p. 444)Griffin Act (p. 444)

How to identify child labor laws (p. 445)How to identify child labor laws (p. 445)




Employment Law

Why It’s Important

You need to know the laws that protect union You need to know the laws that protect union activities because you may be asked to join activities because you may be asked to join a union in the future.a union in the future.




Employment Law

Legal Terms

closed shop (p. 444)closed shop (p. 444)union shop (p. 444)union shop (p. 444)right-to-work laws (p. 444)right-to-work laws (p. 444)featherbedding (p. 444)featherbedding (p. 444)child labor laws (p. 445)child labor laws (p. 445)




Employment Law

Regulating Collective Bargaining Wagner ActTaft-Hartley ActLandrum-Griffin Act

Section OutlineSection Outline




Employment Law

Regulating the Employment of Minors

State Child Labor LawsFederal Child Labor LawsIndustry-Education Cooperation





Employment Law

Pre-Learning Question Pre-Learning Question

What laws regulate the process of collective bargaining?




Employment Law

The government has played an active The government has played an active role in regulating collective bargaining. role in regulating collective bargaining. In the past, the courts held collective In the past, the courts held collective bargaining to be an illegal conspiracy; bargaining to be an illegal conspiracy; however, eventually the government however, eventually the government began to encourage it. began to encourage it.

Regulating Collective Bargaining Regulating Collective Bargaining




Employment Law

Laws that address collective Laws that address collective bargaining include bargaining include

Regulating Collective Bargaining Regulating Collective Bargaining

The Wagner ActThe Wagner ActThe Taft-Hartley ActThe Taft-Hartley ActThe Landrum-Griffin Act The Landrum-Griffin Act




Employment Law

The first federal law addressing The first federal law addressing collective bargaining was the National collective bargaining was the National Labor Relations Act of 1935, also Labor Relations Act of 1935, also called the Wagner Act.called the Wagner Act.

Wagner Act Wagner Act




Employment Law

The purpose of this act was to The purpose of this act was to encourage collective bargaining, encourage collective bargaining, discourage certain unfair labor discourage certain unfair labor practices, and provide federal practices, and provide federal assistance in obtaining fair bargaining.assistance in obtaining fair bargaining.





Employment Law

The Wagner Act also established The Wagner Act also established guidelines for determining which guidelines for determining which employment concerns had to be employment concerns had to be included in the collective bargaining included in the collective bargaining process. process.





Employment Law

The act states that employers must The act states that employers must negotiatenegotiate


WagesWagesHoursHoursConditions of employment Conditions of employment




Employment Law

Many people felt that the Wagner Act Many people felt that the Wagner Act gave too great an advantage to the gave too great an advantage to the union bargaining unit. Consequently, it union bargaining unit. Consequently, it was amended in 1947 by the Labor-was amended in 1947 by the Labor-Movement Relations Act, also known Movement Relations Act, also known as the Taft-Hartley Act.as the Taft-Hartley Act.

Taft-Hartley Act Taft-Hartley Act




Employment Law

The purpose of the Taft-Hartley Act The purpose of the Taft-Hartley Act was to equalize the power of labor was to equalize the power of labor and management.and management.





Employment Law

This act This act


Provided for 60-day “cooling off” Provided for 60-day “cooling off” period.period.Made the closed shop illegal.Made the closed shop illegal.Allowed for the union shop.Allowed for the union shop.Allowed states to pass right-to-work Allowed states to pass right-to-work laws. laws.




Employment Law

A A closed shopclosed shop is a business or is a business or company that requires a person to be company that requires a person to be a union member before being hired.a union member before being hired.





Employment Law

In contrast, a In contrast, a union shopunion shop is a is a business in which a worker must join business in which a worker must join the union within 30 days after being the union within 30 days after being employed.employed.





Employment Law

Right-to-work lawsRight-to-work laws are state laws are state laws that prohibit union shops.that prohibit union shops.





Employment Law

FeatherbeddingFeatherbedding, or assigning more , or assigning more employees to a job than are actually employees to a job than are actually needed, and pressure exerted by a needed, and pressure exerted by a union to retain unnecessary union to retain unnecessary employees are prohibited by the Taft-employees are prohibited by the Taft-Hartley Act.Hartley Act.





Employment Law

The Wagner Act was further amended The Wagner Act was further amended in 1959 by the Labor Management in 1959 by the Labor Management Reporting and Disclosure Act, or the Reporting and Disclosure Act, or the Landrum-Griffin Act.Landrum-Griffin Act.

Landrum-Griffin Act Landrum-Griffin Act




Employment Law

Its primary goal was to stop corruption Its primary goal was to stop corruption in the unions. in the unions.

Under provisions in this act, all unions Under provisions in this act, all unions must register their constitutions and must register their constitutions and bylaws with the Secretary of Labor. bylaws with the Secretary of Labor.

Landrum-Griffin Act Landrum-Griffin Act




Employment Law

Match the labor law with its name.1. This law equalized the

power of labor and management.

(a) Wagner Act

2. This was the first federal law to address collective bargaining.

(b) Taft-Hartley Act

3. This law was enacted to stop corruption in the unions.

(c) Landrum-Griffin Act




Employment Law

ANSWERANSWER

1.1. BB2.2. AA3.3. CC




Employment Law


How is the employment of minors regulated?




Employment Law

During the industrial revolution, During the industrial revolution, children were often exploited by children were often exploited by employers. To prevent such abuse, employers. To prevent such abuse, laws were enacted to protect children laws were enacted to protect children who enter the labor force.who enter the labor force.

Regulating the Employment Regulating the Employment of Minors of Minors




Employment Law

Child labor lawsChild labor laws, or laws that control , or laws that control the work that children are permitted to the work that children are permitted to do, developed slowly. do, developed slowly.

State Child Labor Laws State Child Labor Laws




Employment Law

In 1842, Massachusetts and In 1842, Massachusetts and Connecticut passed laws limiting the Connecticut passed laws limiting the amount of hours that a child could amount of hours that a child could work.work.By 1930, only 44 states had child By 1930, only 44 states had child labor laws dealing with labor laws dealing with nonmanufacturing occupations. nonmanufacturing occupations.

State Child Labor Laws State Child Labor Laws




Employment Law

A positive step in federal child labor A positive step in federal child labor laws was the child labor portion of the laws was the child labor portion of the Fair Labor Standards Act of 1938, as Fair Labor Standards Act of 1938, as updated in 1974. updated in 1974.

Federal Child Labor Laws Federal Child Labor Laws




Employment Law

There are many exceptions to the There are many exceptions to the minimum wage and maximum hours minimum wage and maximum hours rules in the Fair Labor Standards Act. rules in the Fair Labor Standards Act.





Employment Law

They include They include


Working in agriculture after school Working in agriculture after school hourshoursChild actorsChild actorsChildren working for their parents in Children working for their parents in jobs other than manufacturingjobs other than manufacturingChildren delivering newspapers Children delivering newspapers




Employment Law

Effective control of child labor requires Effective control of child labor requires the help of industry and schools.the help of industry and schools.

Industry-Education Cooperation Industry-Education Cooperation




Employment Law

Reviewing What You Learned

1. What employment areas must be included in any collective bargaining process?

Section 20.2 Assessment




Employment Law


Wages, hours, and conditions of employment.


Answer




Employment Law


2. What are the objectives of the Taft-Hartley Act?





Employment Law


To equalize the power of labor and management.


Answer




Employment Law


3. What is the goal of the Landrum-Griffin Act?





Employment Law


To stop corruption in unions.


Answer




Employment Law


4. What are child labor laws?





Employment Law


Laws that control the work that children are permitted to do.


Answer




Employment Law


Critical Thinking ActivityCollective Bargaining Why did the courts once believe that collective bargaining was an illegal conspiracy?




Employment Law


Critical Thinking Activity AnswerCollective Bargaining Answers will vary, but could recognize that conspiracy means for people to come together to plan a crime. Government could have seen collective bargaining as workers coming together to plan to defraud their employer.




Employment Law


Legal Skills in ActionChild Labor Your friend, Felicia, has threatened to complain to the Secretary of Labor because her parents have put her to work on the family farm after school.




Employment Law


Legal Skills in ActionChild Labor Write a letter to Felicia explaining whether her complaint is justified.




Employment Law


Legal Skills in Action AnswerChild Labor Letters should include that minors between 14 and 16 may be employed in jobs other than those covered by the Fair Labor Standards Acts, which includes children working in agriculture after school hours.

Legislation Affecting Employment Legislation Affecting Employment End of Section 20.2End of Section 20.2

Legislation Affecting Employment Legislation Affecting Employment Section 21.1Section 21.1




Employment Law

Section 21.1Section 21.1Laws Relating to Employment Conditions Laws Relating to Employment Conditions

and Benefits and Benefits

Section 21.2Section 21.2Laws Regulating Employment Laws Regulating Employment

Discrimination Discrimination

2121ChapterChapter Employment Protection Employment Protection and Equal Opportunityand Equal Opportunity




Employment Law

What You’ll Learn

How to recognize the role that OSHA How to recognize the role that OSHA plays in ensuring workplace safety plays in ensuring workplace safety (p. 454)(p. 454)

How to identify employers’ legal How to identify employers’ legal requirements with regard to wages and requirements with regard to wages and hours (p. 456)hours (p. 456)




Employment Law

What You’ll Learn

How to identify the statutes designed to How to identify the statutes designed to protect employee privacy rights (p. 458)protect employee privacy rights (p. 458)

How to distinguish between How to distinguish between unemployment compensation and unemployment compensation and workers’ compensation (pp. 460-462)workers’ compensation (pp. 460-462)




Employment Law


Understanding the rights that are legally due Understanding the rights that are legally due to employees will help you determine your to employees will help you determine your rights.rights.




Employment Law

Legal Terms

Occupational Safety and Health Occupational Safety and Health Administration (OSHA) (p. 454)Administration (OSHA) (p. 454)equal pay rule (p. 456)equal pay rule (p. 456)pension plan (p. 456)pension plan (p. 456)




Employment Law

Legal Terms

social security (p. 460)social security (p. 460)unemployment compensation (p. 461)unemployment compensation (p. 461)workers’ compensation (p. 462)workers’ compensation (p. 462)




Employment Law

Employment Conditions Health and SafetyInspections





Employment Law

Wages, Hours, and Benefits Fair Labor Standards ActEqual Pay ActEmployment Retirement Income

Security ActFamily and Medical Leave Act





Employment Law

Employee Privacy Rights Federal Privacy ActDrug-Free Workplace ActEmployee Polygraph Protection Act





Employment Law

Laws Providing Worker Benefits Social Security ActUnemployment Compensation LawsWorkers’ Compensation LawsWork Opportunity Laws





Employment Law


Which employment conditions do you think are most important?




Employment Law

Employment conditions can be divided Employment conditions can be divided into three areas: into three areas:

Employment ConditionsEmployment Conditions

Health and safetyHealth and safetyRight to fair wages and benefitsRight to fair wages and benefitsPrivacy rights Privacy rights




Employment Law

The federal Occupational Safety and The federal Occupational Safety and Health Act of 1970 was enacted by Health Act of 1970 was enacted by Congress to ensure that employees Congress to ensure that employees are protected in the workplace.are protected in the workplace.

Health and Safety Health and Safety




Employment Law

The act established the The act established the Occupational Occupational Safety and Health Administration Safety and Health Administration (OSHA)(OSHA), the agency within the federal , the agency within the federal government that sets safety and government that sets safety and health standards for many companies health standards for many companies within the United States. within the United States.





Employment Law

Businesses with 11 or more Businesses with 11 or more employees that engage in interstate employees that engage in interstate commerce must meet OSHA’s health commerce must meet OSHA’s health and safety standards.and safety standards.





Employment Law

OSHA uses two approaches to OSHA uses two approaches to accomplish its mission.accomplish its mission.


1.1. Imposes upon employers the Imposes upon employers the affirmative duty to maintain a safe affirmative duty to maintain a safe and healthy work environment.and healthy work environment.




Employment Law

2.2. Creates rules that outline the safety Creates rules that outline the safety steps that businesses must steps that businesses must maintain. maintain.





Employment Law

To make certain that employers To make certain that employers adhere to OSHA regulations, the adhere to OSHA regulations, the agency randomly inspects agency randomly inspects workplaces. OSHA also endeavors to workplaces. OSHA also endeavors to inspect a business when a death or a inspect a business when a death or a disaster has occurred, or after an disaster has occurred, or after an employee files a complaint.employee files a complaint.

Inspections Inspections




Employment Law

The law protects employees who The law protects employees who file OSHA complaints.file OSHA complaints.Employers may be fined for each Employers may be fined for each violation reported by an employee violation reported by an employee or discovered during an inspection.or discovered during an inspection.

Inspections Inspections




Employment Law


How does the government regulate employee wages, hours, and benefits?




Employment Law

In order to regulate wages, hours, and In order to regulate wages, hours, and benefits, the government has passed benefits, the government has passed several laws that set standards for several laws that set standards for employment in American business.employment in American business.

Wages, Hours, and Benefits Wages, Hours, and Benefits




Employment Law

These laws include These laws include

Wages, Hours, and Benefits Wages, Hours, and Benefits

Fair Labor Standards ActFair Labor Standards ActEqual Pay ActEqual Pay ActEmployment Retirement Income Employment Retirement Income Security ActSecurity ActFamily and Medical Leave Act Family and Medical Leave Act




Employment Law

The Fair Labor Standards Act requires The Fair Labor Standards Act requires certain employers to pay their workers certain employers to pay their workers a legal minimum hourly wage rate, a legal minimum hourly wage rate, plus time-and-a-half for all work over plus time-and-a-half for all work over 40 hours per week. It also regulates 40 hours per week. It also regulates the employment of minors.the employment of minors.

Fair Labor Standards Act Fair Labor Standards Act




Employment Law

In 1963, Congress passed the Equal In 1963, Congress passed the Equal Pay Act as an amendment to the Fair Pay Act as an amendment to the Fair Labor Standards Act. The amendment Labor Standards Act. The amendment established the equal pay rule.established the equal pay rule.

Equal Pay Act Equal Pay Act




Employment Law

The The equal pay ruleequal pay rule states that states that employers engaged in interstate employers engaged in interstate commerce must pay women the same commerce must pay women the same rate of pay as men holding the same rate of pay as men holding the same type of job.type of job.





Employment Law

The equal pay rule covers The equal pay rule covers


Hourly workers Hourly workers ExecutivesExecutivesAdministratorsAdministratorsProfessional employeesProfessional employeesOutside salespeople who receive Outside salespeople who receive salaries and/or commission salaries and/or commission




Employment Law

A A pension planpension plan is a program is a program established by an employer or a union established by an employer or a union that is designed to provide income to that is designed to provide income to employees after they retire. employees after they retire.

Employment Retirement Employment Retirement Income Security Act Income Security Act




Employment Law

Previously, funds in some employee Previously, funds in some employee pension plans were poorly invested or pension plans were poorly invested or used for other business expenses. used for other business expenses. These practices resulted in losses of These practices resulted in losses of retirement benefits to workers and retirement benefits to workers and severe economic hardship for them.severe economic hardship for them.





Employment Law

The Employment Retirement Income The Employment Retirement Income Security Act (ERISA) was passed to Security Act (ERISA) was passed to prevent such abuse. prevent such abuse.





Employment Law

One requirement of the act is that One requirement of the act is that employers must place employee employers must place employee contributions to pension plans in a contributions to pension plans in a trust fund that is independent of the trust fund that is independent of the employer’s control.employer’s control.





Employment Law

Family and Medical Leave Act Family and Medical Leave Act

Under the Family and Medical Leave Under the Family and Medical Leave Act, an employee of a company with Act, an employee of a company with at least 50 employees is entitled to 12 at least 50 employees is entitled to 12 weeks of leave during any 12-month weeks of leave during any 12-month periodperiod




Employment Law

Family and Medical Leave Act Family and Medical Leave Act

because of the birth or adoption of a because of the birth or adoption of a child, or to care for a spouse, child, or child, or to care for a spouse, child, or parent who has a serious medical parent who has a serious medical condition.condition.




Employment Law


What types of privacy rights do you think affect employees?




Employment Law

Three areas of primary concern Three areas of primary concern include include

Employee Privacy Rights Employee Privacy Rights

Privacy for government employees.Privacy for government employees.Testing employees for drug use.Testing employees for drug use.Using polygraph (lie detector) test Using polygraph (lie detector) test results in the hiring and firing of results in the hiring and firing of employees. employees.




Employment Law

Three laws that relate to these areas Three laws that relate to these areas of concern are of concern are

Employee Privacy Rights Employee Privacy Rights

Federal Privacy ActFederal Privacy ActDrug-Free Workplace ActDrug-Free Workplace ActEmployee Polygraph Protection ActEmployee Polygraph Protection Act




Employment Law

Because of our general aversion to Because of our general aversion to governmental interference in personal governmental interference in personal rights, the privacy of government rights, the privacy of government employees is often given greater employees is often given greater emphasis than the privacy of emphasis than the privacy of employees in the private sector.employees in the private sector.

Federal Privacy Act Federal Privacy Act




Employment Law

Under the Federal Privacy Act Under the Federal Privacy Act government employees are given the government employees are given the right to right to


Restrict inspection of their Restrict inspection of their employment files.employment files.Be informed of their employment Be informed of their employment files.files.




Employment Law

Be informed of the contents of their Be informed of the contents of their employment files.employment files.Fix any mistake that they might find Fix any mistake that they might find in those files. in those files.





Employment Law

The Drug-Free Workplace Act applies The Drug-Free Workplace Act applies to companies that have contracts with to companies that have contracts with the federal government and aims to the federal government and aims to create a drug-free work environment.create a drug-free work environment.

Drug-Free Workplace Act Drug-Free Workplace Act




Employment Law

Under this act, firms must initiate a Under this act, firms must initiate a plan to make sure that employees do plan to make sure that employees do not use drugs on the job; however, it not use drugs on the job; however, it does not order companies to include does not order companies to include drug testing in their plans.drug testing in their plans.





Employment Law

If a drug test is performed improperly, If a drug test is performed improperly, it can violate the Fourth Amendment it can violate the Fourth Amendment to the U.S. Constitution, which to the U.S. Constitution, which prohibits unreasonable search and prohibits unreasonable search and seizure.seizure.





Employment Law

As with drug testing, polygraph or lie As with drug testing, polygraph or lie detector testing can violate the privacy detector testing can violate the privacy rights of employees. Congress passed rights of employees. Congress passed the Employee Polygraph Protection the Employee Polygraph Protection Act to regulate such testing Act to regulate such testing procedures.procedures.

Employee Polygraph Employee Polygraph Protection Act Protection Act




Employment Law

This act prohibits employers from This act prohibits employers from using lie detector tests either for using lie detector tests either for screening of employment applicants screening of employment applicants or for random testing of employees.or for random testing of employees.

Employee Polygraph Employee Polygraph Protection Act Protection Act




Employment Law


What laws provide worker benefits?




Employment Law

The law attempts to protect workers The law attempts to protect workers who have left the job because of who have left the job because of retirement, injury, or disability. retirement, injury, or disability.

The law also provides assistance to The law also provides assistance to workers who have been laid off or workers who have been laid off or discharged.discharged.

Laws Providing Worker Benefits Laws Providing Worker Benefits




Employment Law

Government initiatives to protect Government initiatives to protect workers include: workers include:

Laws Providing Worker Benefits Laws Providing Worker Benefits

Social securitySocial securityUnemployment insuranceUnemployment insuranceWorker’s compensationWorker’s compensationWork opportunity Work opportunity




Employment Law

Social security Social security is a government is a government program that provides continuing but program that provides continuing but limited income to workers and their limited income to workers and their dependents. dependents.

Social Security Act Social Security Act




Employment Law

It provides benefits to employees and It provides benefits to employees and their families when their earnings stop their families when their earnings stop or are reduced because of retirement, or are reduced because of retirement, disability, or death.disability, or death.

Social Security Act Social Security Act




Employment Law

Unemployment compensationUnemployment compensation is a is a system of government payments to system of government payments to people who are out of work and people who are out of work and looking for a job.looking for a job.

Unemployment Unemployment Compensation Laws Compensation Laws




Employment Law

Payments are made from an Payments are made from an unemployment insurance fund financed unemployment insurance fund financed by payroll taxes on employers or by payroll taxes on employers or unemployment insurance premiums unemployment insurance premiums paid by employers.paid by employers.

Unemployment Unemployment Compensation Laws Compensation Laws




Employment Law

Workers’ Compensation Laws Workers’ Compensation Laws

Workers’ compensationWorkers’ compensation is an is an insurance program that provides insurance program that provides income for workers who are injured or income for workers who are injured or develop a disability or disease as a develop a disability or disease as a result of their job.result of their job.




Employment Law

Workers’ Compensation Laws Workers’ Compensation Laws

Employers bear the cost of workers’ Employers bear the cost of workers’ compensation. In most states, compensation. In most states, employers must pay a tax on their employers must pay a tax on their payrolls to fund the state’s workers’ payrolls to fund the state’s workers’ compensation insurance fund.compensation insurance fund.




Employment Law

Work Opportunity Laws Work Opportunity Laws

Welfare, a government system to Welfare, a government system to provide assistance to poor Americans provide assistance to poor Americans with dependent children, was criticized with dependent children, was criticized for many reasons. As a result, in for many reasons. As a result, in 1996, Congress passed the Personal 1996, Congress passed the Personal Responsibility and Work Opportunity Responsibility and Work Opportunity Act. Act.




Employment Law


This act instituted a new program This act instituted a new program entitled Temporary Assistance to entitled Temporary Assistance to Needy Families (TANF).Needy Families (TANF).




Employment Law


Under TANF, a majority of all welfare Under TANF, a majority of all welfare recipients must hold a job, enter recipients must hold a job, enter career programs, or face a loss of career programs, or face a loss of payments. This requirement becomes payments. This requirement becomes effective after a recipient has received effective after a recipient has received benefits during a two-year period.benefits during a two-year period.




Employment Law

1.1. What does the Family and Medical What does the Family and Medical Leave Act provide for an employee Leave Act provide for an employee who works for a company that has who works for a company that has at least 50 employees?at least 50 employees?




Employment Law

ANSWERANSWER

Up to 12 weeks of leave during any Up to 12 weeks of leave during any 12-month period due to the birth or 12-month period due to the birth or adoption of a child, or to care for a adoption of a child, or to care for a spouse, child, or parent who has a spouse, child, or parent who has a serious medical condition.serious medical condition.




Employment Law

2.2. What is TANF? What is TANF?




Employment Law

ANSWERANSWER

It stands for Temporary Assistance to It stands for Temporary Assistance to Needy Families and is a program Needy Families and is a program designed to counter the problems with designed to counter the problems with the old welfare system.the old welfare system.




Employment Law


1. What must employers do to provide for the safety of their employees?





Employment Law


To provide for the safety of their employees, employers must follow the regulations established by OSHA.


Answer




Employment Law


2. What legal requirements are placed upon employers with regard to wages and hours?





Employment Law


The Wage and Hours Law, or Fair Labor Standards Act, requires certain employers to pay their employees a legal minimum hourly wage rate, plus time-and-a-half for all work in excess of 40 hours per week.


Answer




Employment Law


3. What federal statues are designed to protect employee privacy rights?





Employment Law


The Federal Privacy Act, the Drug-Free Workplace Act, and the Employee Polygraph Protection Act.


Answer




Employment Law


4. What is the difference between unemployment compensation and workers’ compensation?





Employment Law


Unemployment compensation is paid to workers who lose their jobs. Worker’s compensation is paid to workers who are injured on the job.


Answer




Employment Law


Critical Thinking ActivityRight to Privacy What justification can be given for the fact that the privacy rights of government workers are often given more attention than the privacy rights of employees in the private sector?




Employment Law


Critical Thinking Activity AnswerRight to Privacy Because of our general aversion to governmental interference in the rights of the people, government employees frequently see their right to privacy given greater emphasis than the rights of employees in the private sector.




Employment Law


Legal Skills in ActionWorkplace Heath and Safety While working on a summer job at a local manufacturing firm, you learn that one of your fellow employees has made a complaint to OSHA about certain unsafe practices at the plant.




Employment Law


Legal Skills in ActionWorkplace Heath and Safety You overhear a discussion in the lunchroom that reveals that the worker who filed the complaint will likely be discharged.




Employment Law


Legal Skills in ActionWorkplace Heath and Safety Organize a role-playing session in which one participant is the worker who filed the complaint and another person represents a coworker.




Employment Law


Legal Skills in ActionWorkplace Heath and Safety In the course of the discussion, explain the nature of OSHA and the safeguards given to employees who file complaints. Also explain the consequences that result if a violation of an OSHA regulation is discovered at the plant.




Employment Law


Legal Skills in Action AnswerWorkplace Heath and Safety Role-plays will vary, but should include that OSHA imposes upon employers the affirmative duty to maintain a safe and healthy work environment for their employees; and,




Employment Law


Legal Skills in Action AnswerWorkplace Heath and Safety that an employer may be fined for each violation reported by an employee or discovered during an OSHA inspection.

Legislation Affecting Employment Legislation Affecting Employment Section 21.2Section 21.2




Employment Law

What You’ll Learn

How to define discrimination (p. 465)How to define discrimination (p. 465)

How to identify the objective of the Civil How to identify the objective of the Civil Rights Act (p. 465)Rights Act (p. 465)




Employment Law

What You’ll Learn

How to identify the goal of the Age How to identify the goal of the Age Discrimination in Employment Act (p.470)Discrimination in Employment Act (p.470)

How to explain the mission of the How to explain the mission of the Americans with Disabilities Act (p.470)Americans with Disabilities Act (p.470)




Employment Law


You need to know the laws that outlaw You need to know the laws that outlaw employment discrimination to be able to employment discrimination to be able to identify instances of discrimination.identify instances of discrimination.




Employment Law

Legal Terms

discrimination (p. 465)discrimination (p. 465)disparate treatment (p. 466)disparate treatment (p. 466)bona fidebona fide occupational qualifications occupational qualifications (BFOQ) (p.468)(BFOQ) (p.468)disparate impact (p. 468)disparate impact (p. 468)




Employment Law

Legal Terms

business necessity (p. 468)business necessity (p. 468)quid pro quoquid pro quo harassment (p. 469) harassment (p. 469)hostile work environment (p. 469)hostile work environment (p. 469)disability (p. 470)disability (p. 470)




Employment Law

Discrimination The Civil Rights Act of 1964Civil Rights Act of 1991Sexual HarassmentPregnancy Discrimination ActAge Discrimination in Employment ActAmericans with Disabilities Act





Employment Law


How does the government discourage discrimination in employment opportunities?




Employment Law

During the second half of the twentieth During the second half of the twentieth century, Congress enacted legislation century, Congress enacted legislation to discourage employment opportunity to discourage employment opportunity discrimination. discrimination.





Employment Law

DiscriminationDiscrimination is the unequal is the unequal treatment of individuals based on sex, treatment of individuals based on sex, age, race, nationality, or religion.age, race, nationality, or religion.





Employment Law

Congress enacted the following Congress enacted the following legislation: legislation:


The Civil Rights Act of 1964The Civil Rights Act of 1964Civil Rights Act of 1991Civil Rights Act of 1991Pregnancy Discrimination ActPregnancy Discrimination Act




Employment Law

Age Discrimination in Employment Age Discrimination in Employment ActActAmericans with Disabilities ActAmericans with Disabilities Act





Employment Law

Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment prohibits discrimination in employment based on race, color, religion, sex, or based on race, color, religion, sex, or national origin. national origin. These five categories, along with age, These five categories, along with age, are often referred to as protected are often referred to as protected classes.classes.

The Civil Rights Act of 1964 The Civil Rights Act of 1964




Employment Law

The Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) has the power to Commission (EEOC) has the power to stop unfair employment practices by stop unfair employment practices by seeking a court injunction or by suing seeking a court injunction or by suing the employer for damages.the employer for damages.

The Civil Rights Act of 1964 The Civil Rights Act of 1964




Employment Law

Name the six protected classes.




Employment Law

ANSWERANSWER

Race, color, religion, sex, national origin, and age.




Employment Law

Discrimination can take place through Discrimination can take place through disparate treatment and disparate disparate treatment and disparate impact. impact.

Disparate Treatment Disparate Treatment




Employment Law

Under Under disparate treatmentdisparate treatment, the , the employer intentionally discriminates employer intentionally discriminates against an individual or a group of against an individual or a group of individuals belonging to one of the individuals belonging to one of the protected classes.protected classes.





Employment Law

Employers have a defense against the Employers have a defense against the charge of disparate treatment, which charge of disparate treatment, which is is bona fidebona fide occupational occupational qualification (BFOQ)qualification (BFOQ)..





Employment Law

If the employer can show that the If the employer can show that the qualification in question is a qualification in question is a bona fidebona fide (good faith) employment qualification, (good faith) employment qualification, then the discrimination may be then the discrimination may be justified.justified.





Employment Law

Discrimination can also take place via Discrimination can also take place via disparate impactdisparate impact, which is indirect , which is indirect discrimination. discrimination.

Disparate Impact Disparate Impact




Employment Law

This occurs when an employer has an This occurs when an employer has an employment policy or criteria that employment policy or criteria that appears neutral but has an unfair appears neutral but has an unfair impact on the members of one or impact on the members of one or more of the protected classes.more of the protected classes.





Employment Law

Employers have a defense against a Employers have a defense against a charge of disparate impact, known as charge of disparate impact, known as business necessity.business necessity.





Employment Law

If the employer can show that If the employer can show that qualification is required to perform the qualification is required to perform the job, then it may be permitted despite job, then it may be permitted despite its disparate impact on a protected its disparate impact on a protected class.class.





Employment Law

21.221.2

Equal Protection in EmploymentEqual Protection in Employment

Employers are not permitted

to discriminate in hiring

practices either directly

through disparate treatment or

indirectly through disparate

impact.

The protection granted to

employees under the Civil

Rights Act includes not only

hiring practices but also

treatment on the job.

Civil Rights Act of 1964Civil Rights Act of 1964




Employment Law

The Civil Rights Act of 1991 was The Civil Rights Act of 1991 was enacted by Congress:enacted by Congress:

Civil Rights Act of 1991 Civil Rights Act of 1991

To strengthen the doctrine of To strengthen the doctrine of disparate impact.disparate impact.To allow plaintiffs to recover not only To allow plaintiffs to recover not only back pay but also compensatory and back pay but also compensatory and punitive damages.punitive damages.




Employment Law

Sexual harassment can occur either Sexual harassment can occur either through through quid pro quoquid pro quo harassment or harassment or through the creation of a hostile work through the creation of a hostile work environment.environment.

Sexual Harassment Sexual Harassment




Employment Law

Quid pro quoQuid pro quo harassment harassment occurs occurs when one worker demands sexual when one worker demands sexual favors from another worker in favors from another worker in exchange for some employment-exchange for some employment-related decision, such as a raise or a related decision, such as a raise or a promotion.promotion.





Employment Law

In contrast, the creation of a In contrast, the creation of a hostile hostile working environmentworking environment occurs when a occurs when a pattern of severe and pervasive pattern of severe and pervasive sexually demeaning behavior has sexually demeaning behavior has altered the workplace, making it a altered the workplace, making it a distressing, humiliating, or hostile distressing, humiliating, or hostile place.place.





Employment Law

To ensure the fair and equal treatment To ensure the fair and equal treatment of pregnant women, the Pregnancy of pregnant women, the Pregnancy Discrimination Act was enacted. Discrimination Act was enacted.

Pregnancy Discrimination Act Pregnancy Discrimination Act




Employment Law

The law makes it unlawful to The law makes it unlawful to discriminate against a woman discriminate against a woman because of childbirth or physical because of childbirth or physical problems associated with pregnancy problems associated with pregnancy or childbirth.or childbirth.

Pregnancy Discrimination Act Pregnancy Discrimination Act




Employment Law

Robert Cornplanter worked as a short-order cook in a restaurant while attending college. He worked among many women who thought he was very attractive.




Employment Law

At first he felt flattered, but it didn’t take long before he dreaded facing several women who said and did things that made him very uncomfortable. He finally quit just to get away from them.




Employment Law

What kind of sexual harassment did Robert face?




Employment Law

ANSWERANSWER

Disparate impact.




Employment Law

This act (the ADEA) prohibits This act (the ADEA) prohibits employment agencies, employers with employment agencies, employers with 20 or more employees, and labor 20 or more employees, and labor unions of more than 25 members from unions of more than 25 members from discriminating on the basis of age.discriminating on the basis of age.

Age Discrimination Age Discrimination in Employment Act in Employment Act




Employment Law

The act forbids discrimination against The act forbids discrimination against any person age 40 or older in hiring, any person age 40 or older in hiring, firing, promotion, or other aspects of firing, promotion, or other aspects of employment.employment.

Age Discrimination Age Discrimination in Employment Act in Employment Act




Employment Law

Americans with Disabilities Act Americans with Disabilities Act

This act forbids discrimination on the This act forbids discrimination on the basis of a disability if the disabled basis of a disability if the disabled individual can do the “essential individual can do the “essential functions” of a job.functions” of a job.




Employment Law

Americans with Disabilities Act Americans with Disabilities Act

The act defines The act defines disabilitydisability as any as any “physical or mental impairment that “physical or mental impairment that substantially limits one or more of the substantially limits one or more of the major life activities.”major life activities.”




Employment Law


1. What is discrimination?





Employment Law


The unequal treatment of individuals based on sex, age, race, nationality, or religion.


Answer




Employment Law


2. What is the objective of the Civil Rights Act of 1964?





Employment Law


To prohibit discrimination in employment based on race, color, religion, sex, or national origin.


Answer




Employment Law


3. What is the mission of the Americans with Disabilities Act?





Employment Law


The act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.


Answer




Employment Law


Critical Thinking ActivityPregnancy Why did the legislature believe that it was appropriate to pass the Pregnancy Protection Act?




Employment Law


Critical Thinking Activity AnswerPregnancy Answers will vary, but should recognize that the purpose of the act is to ensure the fair and equal treatment of pregnant women.




Employment Law


Legal Skills in ActionSexual Harassment Your friend, Alison, believes that she has been the victim of sexual harassment.




Employment Law


Legal Skills in ActionSexual Harassment She is apprehensive about reporting the harassment to the Human Resources Director at her place of employment, which is a requirement of the company’s anti-harassment policy.




Employment Law


Legal Skills in ActionSexual Harassment Write a letter to Alison explaining whether she should file the complaint.




Employment Law


Legal Skills in Action AnswerSexual Harassment Letters will vary, but could point out to Alison the importance of following the proper procedures in order to stop the harassment.

Legislation Affecting Employment Chapter 11: Employment Laws & Discrimination.

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Transcript of Legislation Affecting Employment Chapter 11: Employment Laws & Discrimination.