ch 27 - Employment Law
EEOC and FEPAs
enforce Title VII provisions; investigate, mediate, and sometimes file lawsuits on behalf of employees who have been unlawfully discriminated against.
Federal Labor Standards Act (FLSA)
establishes a minimum wage, overtime pay, recordkeeping, and youth employment standards that affects employees in the private sector as well as those in federal, state, and local governments
hostile work environment
form of sexual harassment deriving from off-color jokes, lewd comments, and so forth
Consolidated Omnibus Budget Reconciliation Act (COBRA)
gives workers and their families who lose their health care benefits the right to continue their group health plan for a limited period after they lose their job or in other specified circumstances
Occupational Health and Safety Act (OSHA)
governs workplace safety and health in both the public and private sectors; protects workers from hazards such as exposure to toxic chemicals, unsanitary conditions, excessive noise levels, and mechanical equipment dangers
at-will employees
if their employer can fire them at any time for any reason
true
most employers state that the most difficult aspect of their task in dealing with employees is complying with state and federal laws
employment by contract
not an employee who serves at the pleasure of their employer
National Labor Relations Act (NLRA)
one of the first statutes to address workers' rights; passed in response to several instances of anti-union violence.
Title VII of the Civil Rights Act
prohibits an employer from discriminating against employees because of their race, color, religion, sex, or national origin.
Pregnancy Discrimination Act
prohibits discrimination due to pregnancy and treats it as a form of sex discrimination
Age discrimination in Employment Act (ADEA)
prohibits employers from firing or refusing to hire people aged 40 or older due solely to their age.
NLRA
prohibits employers from penalizing workers who form unions, and it requires employers to bargain with unions in good faith
Americans with Disabilities Act (ADA)
prohibits public and private employers, employment agencies, and labor unions from discriminating against qualified individuals with physical or mental disabilities in job hiring, firing, advancement, compensation, training and other aspects of employment
Whistleblower Protection Act (WPA)
protects federal government employees who disclose information of wrongdoing or illegal conduct committed by other government employees from retaliation or being wrongfully fired.
Health Insurance Portability and Accountability Act (HIPAA)
provides federal protection for the privacy of personal health information; applies to info created or received by a health care provider, employer, life insurer, school or university
Family Medical Leave Act (FMLA)
provides up to twelve weeks or job protected leave and benefits to employees seeking time off for work for certain family and medical reasons.
direct relationship between the person's sex and the ability to perform the duties of the job; reason relates to the "essence" or "central mission of the employer's business"; no less-restrictive or reasonable alternative
requirements to successfully argue bona fide occupational qualifications exception
workers compensation
state laws that provide payments to employees for injuries they incur at, or during, work
15 or more
the ADA covers employees or labor organizations with how many employees?
20 or more
the ADEA applies to employers with how many employees, including state and local governments
50 or more
the FMLA applies to all public and private companies with how many employees?
employment law
the law governing the relationship between the employer and employee
duration of the employment, compensation and benefits, employer/employee expectations
the terms of the employment contract may dictate:
quid pro quo and hostile work environment
two types of sexual harassment
Equal Employment Opportunity Commission
EEOC
Quid Pro Quo
"this for that"; "you do something for me, and I'll do something for you"
refusing to perform an illegal act; exercising a statutory right (filing for workers comp); fulfilling a statutory obligation (jury duty); reporting illegal conduct of the employer
4 public policy exceptions to at-will employees
fair employment practices agencies
FEPAs
false
T/F: if employees are covered by workers comp, they are allowed to sue their employer for negligence in causing their injury
true
T/F: individuals must file a discrimination complaint with the EEOC within 180 days of learning of the discrimination
15 or more; 19 weeks
Title VII applies to employers who employ __________________ employees for more than ___________ in the current or preceding calendar year
wrongful discharge
a legal doctrine that requires employers to have a job-related reason to terminate employees
Bona Fide Occupational Qualification (BFOQ)
a necessary (not merely preferred) qualification for performing a job; ex religion, sex, national origin
disability
an impairment that substantially limits one or more major life activities; such as walking, reading, bending, communicating, bodily functions