Employment Regulation in the Workplace Basic Compliance for Managers

ISBN-10: 0765623501
ISBN-13: 9780765623508
Edition: 2010
List price: $124.95
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Description: This text will acquaint readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from a pro-business, pro-management perspective of protecting the  More...

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Book details

List price: $124.95
Copyright year: 2010
Publisher: Routledge
Publication date: 2/15/2010
Binding: Paperback
Pages: 464
Size: 7.00" wide x 10.00" long x 1.00" tall
Weight: 1.628
Language: English

This text will acquaint readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from a pro-business, pro-management perspective of protecting the employer's interests and reducing exposure to litigation. The text

Preface
Regulatory Impact
Impact of Regulation on Human Resource Practices
Learning Objectives
Opening Scenario
Are Employment Laws Being Broken?
Union v. Nonunion Work Environments
A Brief History of Government Regulation of the Workplace
The First Period of Federal Regulation
The Second Period of Federal Regulation Costs of Compliance
Fines or Loss of Contract
Litigation Costs
Opportunity Costs
Corporate Legitimacy
Government Laws and Regulations
Statutory Law
Classes of Employees Protected by the Act
Administrative Regulations
The Regulatory Agencies
Equal Employment Opportunity Commission
National Labor Relations Board
Occupational Safety and Health Administration
Office of Federal Contract Compliance Programs
Office of Labor Management Standards
Wage and Hour Division
The Federal Judicial System
Federal District Courts
U.S. Courts of Appeal
The Supreme Court
Case Law
Understanding Legal Citations Managing Risk in a Legal Environment
Summary
Key Terms and Concepts
Discussion Questions
Notes
Regulation of Equal Employment Opportunity
Equal Employment Opportunity: Regulatory Issues
Learning Objectives
Opening Scenario
The Historical Background of Equal Opportunity
Executive Orders
The Civil Rights Act Of 1964
The Purpose of Title VII
Employers Covered By Title VII
Employees Not Protected by Title VII
Filing Complaints and Charges
Filing a Charge with the EEOC
Deferral to a State Agency
Timeliness for Compensation Matters
The Lilly Ledbetter Fair Pay Act of 2009
Investigation Outcomes
No Cause
Dismissal
Reasonable Cause
Conciliation
Litigation
Who Litigates?
Frivolous Appeals
Two Theories of Discrimination
Disparate Treatment Theory of Discrimination
Steps in Conducting Case Analysis
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Intentional Discrimination: Disparate Treatment
Learning Objectives
Opening Scenario
Intentional Discrimination
The Prima Facie Case
Suffering an Adverse Employment Action
Disparate Treatment
Less Qualified Members of the Same Class
Mixed Motive Decisions
Respondent's Rebuttal
BFOQs
Legitimate Nondiscriminatory Reasons
Complaining Party's Rebuttal
Remedies Under Disparate Treatment
Compensatory and Punitive Damages
The Legal Standing of Testers
Retaliation
Common Myths about Title VII
You must hire unqualified protected group members
You cannot discipline or discharge protected group members
You must give preferential treatment to protected group members
You must provide federal equal employment protection to people based on their sexual orientation
White males who are under 40 are not protected by federal law
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Unintentional Discrimination: Disparate Impact
Learning Objectives
Opening Scenario
From Disparate Treatment to Disparate Impact
Disparate Impact
The Griggs Case
Establishing a Prima Facie Case
Determining Statistical Imbalances
Applying the Four-Fifths Rule
The Two or Three Standard Deviation Method
Bottom-Line Statistics
Respondent's Rebuttal
Demonstrating that Disparate Impact Does Not Exist
Other Means of Challenging Statistics
Examining Relevant Labor Markets
Countervailing Statistical Evidence
Stock Analysis
Age Discrimination and Disparate Impact
Outcomes of the Opening Scenario
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Discrimination Based on Sex
Learning Objectives
Opening Scenario
Employment-Related and Other Forms of Sex Discrimination
Overt Sex Discrimination
Employee Discipline
Sex as a BFOQ
Disparate Impact on the Basis of Sex
Sex Stereotyping
Mixed Motives
Remedies for Mixed Motive
Sex-Plus Discrimination
Pregnancy Discrimination
Pay Differentials
Differentiating Benefits on the Basis of Sex
Sexual Harassment
Quid Pro Quo Sexual Harassment
Hostile Environment Sexual Harassment
Employer Liability for Sexual Harassment
Direct v. Vicarious Liability
The Affirmative Defense
Who Is a Supervisor?
Same Sex Sexual Harassment
Sexual Orientation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Discrimination Based on Religion, Age, and Disability
Learning Objectives
Opening Scenario
Introduction
Religion
Exemptions for Religious Entities
Religious Discrimination
Religious Accommodation
Religious Accommodations and Union Dues
Age Discrimination in Employment
Establishing a Prima Facie Case of Age Discrimination
The Employer's Rebuttal
Age as a BFOQ
The Complaining Party's Rebuttal
ADEA and Disparate Impact
Remedies for ADEA Violations
No Protection for Those under 40
Protecting Workers with Disabilities
Americans with Disabilities Act
Covered Entities
Reasonable Accommodation
Pre-Employment Medical Inquiries
Direct Threat to Others/Threat to Self
The Americans with Disabilities Amendment Act of 2008
Confidentiality of Medical Information
Drug Testing Rehabilitation and the ADA
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
National Origin Discrimination and Immigration Issues
Learning Objectives
Opening Scenario
National Origin
Language
Accents
Proficiency in Languages Other than English
English-Only Work Rules
Immigration Issues and National Origin
Foreign Employers in the United States
Foreign Employees Working in the United States
American Employers Overseas
The Immigration Reform and Control Act of 1986
E-Verification
Penalties for Failure to Verify
Inpatriation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Affirmative Action
Learning Objectives
Opening Scenario
The History of Affirmative Action
Arguments Supporting Affirmative Action
Arguments against Affirmative Action
Involuntary v. Voluntary Affirmative Action
Voluntary Affirmative Action
Consent Arrangements
Eligibility for Federal Contracts
Voluntarily Initiated Programs
Permissible Affirmative Action Plan Criteria
Justifying the Affirmative Action
Unnecessarily Trammeling Interests
Absolute Bars
Affirmative Action Must Be Temporary
Permissible Affirmative Action in the Public Sector
Developing An Affirmative Action Plan
Utilization Analysis
Goals and Timetables
Developing an Action Plan
Additional Reporting Requirements
Compelling Government Interest
Narrowly Tailored Programs
Avoiding Reverse Discrimination
Recent Developments and Confusion
Practical Application
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Regulation of Employee Relations
Compensation: Wage, Hour, and Related Statutes
Learning Objectives
Opening Scenario
The Fair Labor Standards Act
Covered Employers and Employees
Minimum Wage
Nonexempt Employees
Exempt Employees
Other Minimum Wage Issues
Compensable Time
Child Labor Limitations
Record Keeping
Remedies and Penalties
Myths about the FLSA
Other Federal Compensation Laws
Davis-Bacon Act of 1931
Walsh-Healy Act of 1936
McNamara-O'Hara Service Contract Act of 1965
Worker Adjustment and Retraining Notification Act of 1988
Employee Polygraph Protection Act of 1988
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Compensation: Benefits
Learning Objectives
Opening Scenario
Historical Perspective on Employee Benefits
Overview of the Regulation of Employee Benefits
Mandatory and Voluntary Benefits
Regulation of Mandatory Benefits
Regulation of Voluntary Health Benefits
Consolidated Omnibus Reconciliation Act of 1985, as Amended
Covered Employers and Plans
Qualifying Events for COBRA
Duration of Continued Coverage
Paying for the Coverage
Health Insurance Portability and Accountability Act of 1996
Regulation of Voluntary Retirement Benefits
Employee Retirement Income Security Act of 1974
Retirement Plans Not Covered by ERISA
Summary of ERISA's Major Provisions
Older Workers Benefit Protection Act of 1990
The Uniformed Services Employment and Reemployment Rights Act
Independent Contractors and Employee Benefits
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Laws Affecting Workplace Health and Safety
Learning Objectives
Opening Scenario
Historical Overview of Workplace Safety
Exclusivity Principle
Compensable Injuries and Illnesses
Workers' Compensation
Controlling Workers' Compensation Costs
Employer Common Law Defenses
Mandatory v. Voluntary Participation
Worker's Compensation Benefits
The Occupational Safety and Health Act
The Occupational Safety and Health Administration (OHSA)
OSHA Inspections and Outcomes
Challenging OSHA Citations
OSHA Standards
OSHA Inspections
State Regulation of Workplace Safety
Second-hand Smoke in the Workplace
Workplace Violence
Carpal Tunnel Syndrome and Other Musculoskeletal Disorders
Work-Related Emotion Stress Disorders
Sick Building Syndrome
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Employment-at-Will, Employee Discipline, and Negligent Hiring Issues
Learning Objectives
Opening Scenario
Employment-at-Will
Contractual Exceptions to EAW
Explicit Contracts
Implied Contracts
Ensuring Due Process
Substantive v. Procedural Due Process
Conducting In-House Investigations
Negligent Hiring and Misrepresentation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Privacy and Recent Developments in Employment Regulation
Learning Objectives
Opening Scenario
Privacy Issues
Disclosure of Employee Information
Invasion of Privacy and Defamation
Employee Privacy in a Work Setting
Telephone Monitoring
Computer and Email Monitoring
Video Monitoring
Workplace Search and Seizure
DNA Testing
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Regulatory Mechanics
Job Analysis: The Foundation of Employment Decision Making
Learning Objectives
Opening Scenario
Information Provided by Job Analysis
Determining Essential and Nonessential Job Functions
Employment-Related Uses of Job Analysis
Other Uses of Job Descriptions
Why Job Analysis Does Not Provide an Adequate Defense
Why Organizations Do a Poor Job of Job Analysis
The Job Analysis Process
Planning for Job Analysis
Preparing for Job Analysis
Conducting the Job Analysis
Develop Job Descriptions, Specifications, and Performance Standards
Prepare the Finalized Job Descriptions, Specifications, and Performance Standards
Monitoring and Keeping Job descriptions, Specifications, and Performance Standards Current
Traditional Approaches To Job Analysis
Observation
Interviews
Questionnaires
Competency-Based Job Analysis
Legal Challenges to Job Analysis
Summary
Key Terms and Concepts
Discussion Questions
Case
Notes
Establishing Job-Relatedness: Validation
Learning Objectives
Opening Scenario
Job-Relatedness/Business Necessity
Employment Testing
Validation Studies
Content Validity
Construct Validity
Criterion-Related Validation
Predictive v. Concurrent Validation
Correlation of Prediction and Criterion Variables
Rules of Thumb for Correlations
A Scenario to Demonstrate Validation
Tests of Significance
Other Methods of Validation
The Complaining Party's Rebuttal
Performance Appraisals and Employment Discrimination
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Glossary
About the Authors
Index

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