| |
| |
| 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 | |