SPHR Case Laws and Acts

Labor-Management Reporting and Disclosure Act AKA- Landrum -Griffin

1959 (Ed Norton playing James Madison writing Bill of Rights in old Congress / Peter Griffin as colonial signing constitution) Anticorruption. Controlled internal union operations; provided bill of rights for union members; required majority vote of members to increase dues; allowed members to sue the union; set term limits for union members

Petermann v International Brotherhood of Teamsters

1959 (Ed Norton tag-team J. Peterman v Teamsters) Employment at-will public policy exception 4 areas: refuse to break the law, whistle-blowers, cooperate in government investigation, attending jury duty or filing workers' comp claim

Equal Pay Act

1963 (Santa Claus paying all elves same) Required the employees performing substantially similar or identical work be paid the same wage or salary

Title VII of the Civil Rights Act

1964 (Sammy Davis applying for job) Established EEOC; prohibited employment discrimination on the basis of race, color, religion, national origin, or sex

Executive Order 11246

1965 (Sam Eliott from Tombstone protesting AAP at Cotton Gin) Prohibited employment discrimination of the basis of race, creed, color, or national origin; required affirmative action steps for all terms and conditions of employment; required a written AAP for contractors with 50 employees

Service Contract Act

1965 (Sheena Easton's man takes morning train to work 9-5 where prevailing wage is higher) Required government contractors to pay prevailing wages and benefits.

Immigration and Nationality Act

1965 (Shirley Eaton painted gold barred from immigrating from Goldfinger Island) Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills

Age Discrimination in Employment Act

1967 (elderly sarah michelle gellar) Prohibited discrimination against persons 40 years and older; established conditions for Bona Fide Occupational Qualification exceptions

Executive Order 11375

1967 (sarah gilbert as darlene from rosanne barred from football team) Added sex to protected classes in Executive Order 11246

Consumer Credit Protection Act

1968 (Sammy Hagar getting wages garnished for baby mama support) Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order

Black Lung Benefits Act

1969 (Steve Nash mining coal) Provided benefits for coal miners suffering from pneumoconiosis due to mine work

Executive Order 11478

1969 (old wheelchaired Steve Nash still playing basketball) Included disabled individuals and those 40 years of age or older in protected classes established by Executive Order 11246

Occupational Safety and Health Act

1970 (Georgia O'Keefe orchid at OSH nursery) Required employers to provide a safe workplace and comply with safety and health standards; established OSHA to enforce safety regulations; established NIOSH to research, evaluate, and recommend hazard reduction measures

Texas Department of Community Affairs v. Burdine

1981 (Hank Azaria), employers aren't required to prove nondiscrimination for employment action but must explain nondiscriminatory reasons for action

Johnson v. Santa Clara County

1987 (Heather Graham) plaintiff has burden to prove prima facie discrimination. AAP (a) flexible & temporary (b) correcting imbalance (c) moderate & case-by-case

School Board of Nassau vs Arline

1987 (Hermione Granger) Court ruled that persons with contagious diseases could be covered by the Rehabilitation Act.

Longshore and Harbor Workers' Compensation Act

1927 (Barry Gibb cuts hand on boat) Provided worker compensation benefits for maritime workers injured on navigable waters of the United States or on piers, docks, and terminals

Norris-La Guardia Act

1932 (Charlie Brown walking Odie the drug sniffing dog at la Guardia airport) Protected right to organize; outlawed yellow dog contracts (forbidding unionization)

National Labor Relations Act

1935 (Clint Eastwood protecting western union armored car) Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the NLRB. AKA - Wagner Act

Public Contracts Act

1936 (Claudia Schiffer asking what the appropriate tip is abroad) Required contracts to pay prevailing wage rates. AKA - Walsh-Healey Act

Fair Labor Standards Act

1938 (Charlton Heston working minimum wage for Apes) Defined exempt and nonexempt employees; required and set the minimum wage to be paid to nonexempt workers; required time-and-a-half to be paid for nonexempt overtime hours; limited hours and type of work for children; established record-keeping requirements

Portal-to-Portal Act

1947 (Dizzy Gillespie ending set when paid time is up) Clarified definition of 'hours worked' for the FLSA

Patent Act

1952 (Emily Blunt as scientist having 'eureka' moment. "Better get this patented") Established the US Patent and Trademark Office

Martin v. Wilks

1989 (Hiro Nakamura) Despite the racial overtones of the case and the sensitive public issues of civil rights andaffirmative action, the core dispute of the case is one regarding proper procedure. The Court argued that the white firefighters should have been joined as parties to the original proceeding under the Federal Rules of Civil Procedure Rule 19(a). AAP must be union (BFA) approved.

E. I. Dupont & Company vs NLRB

1993 (Nat King Cole) Board concluded that the six safety committees and fitness committee were employer-dominated labor organizations and that the company dominated the formation and administration of one of them in violation of the NLRA.

St. Mary's Honor Center vs Hicks

1993 (Nick Carter) Supreme Court ruling that Title VII plaintiffs must show that discrimination was the real reason for an employer's actions.

McKennon v. Nashville Banner Publishing Co.

1995 (Nicole Eggert 10 gallon hat daisy dukes plaid tied-up shirt fired for female inspite of inability to sing country in Nashville) after acquired evidence of employee misconduct doesn't relieve employer liability for discrimination

Circuit City Stores vs Adams

2001 (orphan Annie) Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce except for transportation workers. Ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.

Bates vs United Parcel Service

2006 ( OJ Simpson Getaway in UPS truck) When employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees do not need to prove there were otherwise qualified to perform the essential job functions. The employer must prove the standard is necessary to business operations.

Taylor vs Progress Energy

2007 (Ice T constricted by suit tailored so tight as unable to wave) The waiver of FMLA rights in a severance agreement is invalid. FMLA clearly states that "employees cannot waive, nor may employers induce employees to waive, any rights under the FMLA"

Repa vs Roadway Express 2007

2007 (Oscar the Grouch & Roadrunner Sipping umbrella drinks on beach) When an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during the FMLA absence

Smith vs City of Jackson, MS 2005

ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race. Supreme Court held that, like Title VII, the ADEA authorizes recovery on a disparate impact theory.

Leonel vs American Airlines

Case in which Court of Appeals for the Ninth Circuit held that to issue a "real" employment offer under the ADA, an employer must have completed all non-medical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer.

Sutton vs United Airlines

Case in which Supreme Court ruled that a person may not have a disability if the individual's condition is controlled or corrected by medication or mitigating measures

EEOC vs Waffle House

Case in which Supreme Court ruled that even if there is a mandatory arbitration agreement in place, the relevant civil rights agency can still sue on behalf of the employee.

PepsiCo, Inc. vs Redmond

Case in which district court applied inevitable disclosure doctrine even though there was no noncompete agreement in place. An employee who had left his position in marketing to work for Quaker Oats Company and market similar products was enjoined from working for Quaker because he had detailed knowledge of his previous company's trade secrets pertaining to pricing, market strategy, and selling/delivery systems.

McDonnell Douglas Corp. vs Green

Case that established the criteria for disparate treatment discrimination.

Leggett vs First National Bank of Oregon

Court ruling that an employer had invaded an employee's privacy when a representative of the company met with a psychologist (to whom the employee had been referred by an employee assistance program) and questioned him about her condition.

Faragher vs City of Boca Raton and Ellerth vs Burlington Northern Industries

Court rulings that distinguished between supervisor harassment that results in tangible employment action and that which does not. When harassment results in tangible employment action, the employer is liable.

Executive Order 12138

Created National Women's Business Enterprise Policy; required affirmative action steps to promote and support women's business enterprises

Civil Service Reform Act 1978

Created Senior Executive Service; Merit Systems Protection Board, Office of Personnel Management, and the Federal Labor Relations Authority

Automobile Workers vs Johnson Controls, Inc 1977

Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents

Copyright Act 1976

Defined 'fair use' of copyrighted work; set term of copyright effectiveness

Harris vs Forklift Systems 1993

Defined actionable hostile work environment as that which falls between merely offensive and that which results in tangible psychological injury. Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation.

Jesperson vs Harrah's Operating Co. 2004

Dress code requiring women to wear make-up does not constitute unlawful sex discrimination under Title VII

Sista vs CDC Ixis North America 2006

Employee on FMLA leave may be legally terminated for legitimate, nondiscriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights

Revenue Act 1978

Established Section 125 and 401(k) plans for employees

Glass Ceiling Act 1991

Established commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the OFCCP conducts audits of the representation of women and minorities at all corporation levels.

Uniform Guidelines on Employee Selection Procedures 1978

Established guidelines to ensure that selection procedures be both job related and valid predictors of job success

Mine Safety and Health Act 1977

Established mandatory mine safety and health standards and created MSHA

Employee Retirement Income Security Act 1974

Established requirements for pension, retirement, and welfare benefit plans including medical, dental, hospital, AD&D, and unemployment benefits

Equal Employment Opportunity Act 1972

Established that complaintants have burden of proof for disparate impact; provided litigation authority for EEOC; extended time to file complaints

Pharakhone vs Nissan North America 2003

Established that employees who violate company rules while on FMLA leave may be terminated

Faragher vs City of Boca Raton 1998

Established that employers are responsible for employee actions and have a responsibility to control them

Burlington Industries vs Ellerth 1998

Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment

Washington vs Davis 1976

Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job. When a test procedure is challenged under constitutional law, intent to discriminate must be established; no need to establish intent if filed under Title VII, just show effects.

NLRB vs MB Sturgis 2000

Established that temporary employees may be included in the client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly

NLRB vs J. Weingarten, Inc 1975

Established that union employees have the right to request union representation during any investigatory interview that could result in disciplinary action

Executive Order 13087 - 1998

Expanded coverage of protected classes in Executive Order 11246 to include sexual orientation

Rehabilitation Act 1973

Expanded opportunities for individuals with physical or mental disabilities and provided remedies for victims of discrimination

Oncale vs Sundowner Offshore Services 1998

Extended the definition of sexual harassment to include same-sex harassment - same-gender harassment is actionable under Title VII.

FECA

Federal Employees Compensation Act 1916 (Adam Sandler Big Daddy works as cab driver gets foot runover) Provided benefits similar to worker compensation for federal employees injured on the job

FICA

Federal Insurance Contributions Act 1935 (Carmen Electra, elderly, waiting for mail check) Required employers and employees to pay Social Security taxes. AKA - Social Security Act

FUTA

Federal Unemployment Tax Act 1936 (Chloe Sevigny unemployed on couch) Required employers to contribute a percentage of payroll to an unemployment insurance fund

Griggs vs Duke Power

First case that recognized adverse impact discrimination. Required employers to show that job requirements are related to the job; established that a lack of intention to discriminate is not a defense against claims of discrimination

Taxman vs Board of Education of Piscataway 1993

Found that in the absence of past discrimination or under representation of protected classes, preference may not be given to protected classes in making layoff decisions. District court held that a school board could not use racial diversity as an "educational goal" or as a justification for an affirmative action plan granting racial preferences in layoffs where there was no evidence of past bias against racial minorities.

Taft-Hartley Act

Labor Management Relations Act of 1947 (Danny Glover wildcat jersey refusing Nina Hartley gangster to join union) prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing, closed shops, and monetary donations by unions to federal political campaigns. non-communist affidavits, states allowed to pass right-to-work laws that outlawed closed union shops. the executive branch strikebreaking injunctions

Retirement Equity Act 1984

Lowered age limits on participation and vesting in pension benefits; required written spousal consent to not provide survivor benefits; restricted conditions placed on survivor benefits

Needlestick Safety and Prevention Act 2000

Mandated recordkeeping for all needlestick and sharp injuries; required employee involvement in developing safer devices

Crown Cork and Seal Company

NLRB decision that lifted some of the restrictions on the employer's use of employee participation committees.

Oil Capitol Sheet Metal, Inc.

NLRB decision that provides employers some relief in salting cases by announcing a new evidentiary standard for determining the period of back pay; requires the union to provide evidence that supports the period of time it claims the salt would have been employed.

NLRB vs Epilepsy Foundation of Northeast Ohio 2000

NLRB extended Weingarten rights to nonunion employees by allowing them to request a co-worker to be present during an investigatory interview that could result in disciplinary action

Electromation, Inc., vs NLRB

NLRB held that action committees were illegal "labor organizations" because management created and controlled the groups and used them to deal with employees on working conditions in violation of the NLRA.

NLRB vs IBM Corp 2004

NLRB reversed its 2000 decision in Epilepsy, withdrawing Weingarten rights from nonunion employees

Dana Corporation/ Metaldyne Corporation

NLRB ruling that a recognition bar, which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when the recognition is voluntary, based on a card check.

Toering Electric Company

NLRB ruling that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns.

NLRB vs Weingarten, Inc.

On June 15, 2004, NLRB ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. This decision effectively reversed the July 2000 decision of the Clinton board, which had extended rights to nonunion employees.

Health Insurance Portability and Accountability Act 1996

Prohibited discrimination based on health status; limited health insurance restrictions for preexisting conditions; required a Certificate of Group Health Plan Coverage upon plan termination.

Immigration Reform and Control Act 1986

Prohibited employment of individuals who are not legally authorized to work in the US; required I-9's for all employees

Privacy Act 1974

Prohibited federal agencies from sharing information collected about individuals

Employee Polygraph Protection Act 1988

Prohibited the use of lie detector tests except under limited circumstances

Genetic Information Nondiscrimination Act 2008

Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring, or purchasing genetic information and describes exceptions.

Uniformed Services Employment and Reemployment Rights Act 1994

Protected the reemployment and benefit rights of reservists called to active duty

Energy Employees Occupational Illness Compensation Program Act 2000

Provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons

Consolidated Omnibus Budget Reconciliation Act 1986

Provided continuation of group health coverage upon a qualifying event

Vietnam Era Veterans Readjustment Assistance Act 1974

Provided equal opportunity and assistance for Vietnam veterans

Small Business Regulatory Enforcement Fairness Act 1996

Provided that an SBA ombudsman act as an advocate for small business owners in the regulatory process

Small Business Job Protection Act 1996

Redefined highly compensated individuals; detailed minimum participation requirements; simplified 401(k) tests; corrected qualified plan and disclosure requirements

Tax Reform Act 1986

Reduced income tax rates and brackets

Illegal Immigration Reform and Immigration Responsibility Act 1996

Reduced number and types of documents to prove identity

Unemployment Compensation Amendments 1992

Reduced rollover rules for lump-sum distributions of qualified retirement plans; required 20% withholding for some distributions

Worker Adjustment and Retraining Notification Act 1988

Required 60-days notice for mass layoffs or plant closing; defined mass layoffs and plant closings; identified exceptions to requirements

Congressional Accountability Act 1995

Required all federal employment legislation passed by Congress to apply to congressional employees

Fair Credit Reporting Act 1970

Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action

Personal Responsibility and Work Opportunity Reconciliation Act 1996

Required employers to provide information about all new or rehired employees to state agencies to enforce child support orders

Drug-Free Workplace Act 1988

Required federal contractors to develop and implement drug-free workplace policies

Mental Health Parity Act 1996

Required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits

Immigration Act 1990

Required prevailing wage for holders of H1(b) visas; set H1(b) quotas

Family and Medical Leave Act 1993

Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth/adoption of a child or to provide care for defined relatives with serious health conditions or to employees unable to perform job duties due to serious health conditions

Americans with Disabilities Act 1990

Required reasonable accommodation for qualified individuals with disabilities

Albemarle Paper vs Moody 1975

Required that employment tests be validated; subjective supervisor rankings are not sufficient validation; criteria must be tied to job requirements

Pregnancy Discrimination Act 1978

Required the pregnancy be treated the same as any other short-term disability

Regents of University of California vs Bakke

Reverse discrimination not allowed; race, however, can be used in selection decisions; affirmative action programs permissible when prior discrimination established.

Omnibus Budget Reconciliation Act 1993

Revised rules for employee benefits; set maximum deduction for executive pay at $1 million; mandated some benefits for medical plans

Kolstad vs American Dental Association

Ruled that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.

National Energy Efficiency Act 1992

Set maximum transit subsidy at $60 per month for employees; limited tax-free parking benefits to $155 per month

Johnson Controls

Supreme Court held that decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire their parents.

Pennsylvania State Police vs Suders

Supreme Court held that in the absence of a tangible employment action, the Ellerth/Faragher affirmative defense is available in a constructive discharge claim to an employer whose supervisors are charged with harassment.

Meritor Savings Bank vs Vinson

Supreme Court held that sexual harassment that alters an individual's terms and conditions of employment violates Title VII of Civil Rights Act. Court also ruled that common-law principles should be applied to guide lower courts in determining employer liability. How these principles are to be applied was later defined in Faragher and Ellerth.

United Steelworkers vs Weber

Supreme Court ruled that the affirmative action plan did not violate Title VII since it included voluntary quotas.

Johnson vs Santa Clara County Transportation Agency

Supreme Court ruled that the county was justified in giving a job to a woman who scored two points less on an exam than a man; county had an affirmative action plan that was flexible, temporary, and designed to correct the imbalance of white males in the workforce.

Grutter vs Bollinger and Gratz vs Bollinger

Supreme Court ruled that the diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is "narrowly tailored" to achieve this goal; University of Michigan did not make this showing for its undergraduate program, but the law school admissions program satisfied this standard

General Dynamics Land Systems, Inc., vs Cline

Supreme Court ruled that the federal age discrimination law does not protect younger workers— even if they are over 40—from workplace decisions that favor older workers.

City of Richmond vs J. A. Croson Company

Supreme Court ruled that the rigid numerical quota system was unconstitutional; city had not laid proper groundwork and had not identified or documented discrimination.

IBP, Inc., vs Alvarez

Supreme Court ruling that all time spent donning or doffing unique safety gear is compensable and that the FLSA requires payment of affected employees for all time spent walking between changing and production areas.

Velazquez-Garcia vs Horizon Lines of Puerto Rico 2007

The burden of proof that a termination was not related to military service is on an employer when an employee protected by USERRA is laid off

Sarbanes-Oxley Act 2002

To improve quality and transparency in financial reporting, to increase corporate responsibility and the usefulness of corporate financial disclosure, and to establish and maintain an adequate internal control structure and procedures for financial reporting

Railway Labor Act

1926 (Bruce Springsteen prevents strike when hurricane Sandy hits NJ) Protected unionization rights; allowed for 90-day cooling off period to prevent strikes in national emergencies. Covers railroads and unions

Bureau of Labor Statistics

1869 (Sir Isaac Newton studying accident records) Established to study industrial accidents and maintain accident records

Payne vs The Western & Atlantic Railroad Company

1884 (Hilary Duff painfully working railroad) Defined employment at will

Sherman Anti-Trust Act

1890 (Nancy O'Dell getting impala painted purple at Sherman Williams) Controlled business monopolies; allowed court injunctions to prevent restraint of trade. Used to restrict unionization efforts

Clayton Act

1914 (Annie Duke guarding Western Union armored car from Nancy O'Dell) Limited the use of injunctions to break strikes; exempted unions from the Sherman Act

Executive Order 13152 - 2000

Added 'status as a parent' to protected classes in Executive Order 11246

Burlington Northern Santa Fe Railway vs White 2006

All retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results

Civil Rights Act 1991

Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims

Older Worker Benefit Protection Act 1990

Amended ADEA to prevent discrimination in benefits for workers 40 years of age and older; added requirements for waivers

Pension Protection Act 2006

Amends ERISA financial obligations for multiemployer pension plans; changes plan administration for deferred contribution plans

Davis vs O'Melveny & Myers 2007

Arbitration clauses in employment agreements will not be enforced if they are significantly favorable to the employer and the employee does not have a meaningful opportunity to reject the agreement

Guidelines on Sexual Harassment 1980

Assisted employers to develop antiharassment policies, establish complaint procedures, and investigate complaints promptly and impartially

Executive Order 13201 2001

Beck Notice: Employers are required to post notice advising employees of their legal right to withhold any part of their union dues that does not relate to collective bargaining, contract administration, or grievance adjustment. Applies to federal contractors and subcontractors

Phason vs Meridian Rail 2007

When an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff