Chapter 8: Employment Law & Employee Rights

Contract Exception of employment-at-will doctrine

-The doctrine will not apply if the employment relationship is governed by a contract with a specific term of employment, such as a one-year term -employees will only be terminated for good cause

Retaliation Prohibited

-Title VII prohibits an employer from retaliating against an employee or applicant because she files a charge of discrimination, complains to the employer about discrimination or participates in a discrimination investigation or lawsuit -it can include such things as firing, demoting and harassing.

Intrusion into privacy can create

-a great deal of stress and pressure -creates a suspicious atmosphere and a hostile workplace for employees. This lowers morale -The hostile environment and stress hurts productivity, which is bad not only for employees but also employers -An employee's autonomy, dignity, and freedom of expression are threatened if privacy is not respected

Prima Facie Case

-a person alleging discrimination has to establish a prima facie case of discrimination under Title VII -a plaintiff must establish that: He or she is a member of a protected class He or she was qualified for the position, promotion or other condition or term of employment He or she was not hired, not promoted, fired or had some other adverse employment action Someone else not in the protected class was hired, promoted or received the favorable condition or term of employment

Pretext

an explanation that is given to hide the discriminatory purpose. (Ex: female employee being fired for allegedly being late three times, but the female employee is able to establish that the employer did not fire the five male employees who also were late three times. The employer's excuse is a mere pretext, hiding the discriminatory motive behind firing the female employee.)

work-life balance

is an organizational concept that empowers employees to split time and energy between work and other important areas of their life successfully

Drug Testing

is mandated for many positions in the transportation industry. Both federal and state laws regulate drug testing.

Workplace privacy

is simply the right to privacy afforded to employees under the law at the workplace or while engaging in work activities

The Occupational Safety and Health Administration (OSHA)

issues and enforces health and safety standards for the workplace to help prevent serious hazards that may result in injury

Hindrance stressors

negatively impact the individual through conflict and poor resources, which result in bad attitudes, behaviors and productivity.

Affirmative Action

**is a set of policies that address the inclusion of all people, mainly minorities, in the workforce. This includes: -Minorities -Women -Disabled persons -Qualified veterans **A qualifying company is one that engages in government contract business. If a company sells to, performs services for or has a contract worth over $50,000 with the government, and has over 50 employees, the company is subject to the policies of affirmative action.

two specific types of stressors

-Challenge stressors -Hindrance stressors

Employee Surveillance

-If an employer owns the equipment used and restricts it for company use, then an employer generally has a right to monitor computer use, emails, Internet, and fax use -If the employer does allow private use of such equipment, an employee may have an expectation of privacy relating to the personal use -Employers are also allowed to monitor telephone calls, not only for quality control but to make sure the calls are business-related -Surveillance cameras are also permitted

Leave of Absence/Vacation

-Most companies follow the basic state guidelines for vacation or leave time -Ex: allow employees to take a leave for community service -The additional leave and vacation time allows the employees to spend extra time with their families or pursue additional education or community goals

Physiological Symptoms

-Physiological symptoms that can be related to stress include illnesses such as strokes, backaches, headaches, ulcers and heart disease -Backaches are the body's reaction to preparing for fight or flight -Headaches are from the constriction of muscles in the neck and head due to stress -Long-term stress can wear on an individual and lead to high blood pressure, heart attack and strokes

Disparate Impact

-an employer can be liable for employment discrimination if its employment policies or procedures have the effect of adversely affecting members of a protected class. (a discriminatory intent is not required) -Once the disparate impact has been established, an employer must be able to justify the policy or procedure causing the disparate impact as a business necessity Ex: an engineering company's engineering educational requirements for hiring engineers may create a disparate impact, but the policy is a business necessity for the hiring of engineers.

Behavioral Problems

-consist of workplace aggression, substance abuse and accidents

Public Policy Exception of employment-at-will doctrine

-employee cannot be fired if the termination violates a policy grounded in a statute, constitutional provisions or judicial opinions -Ex: employee cannot be fired for asserting a statutory right, such as workers compensation benefits / an employee cannot be fired for refusing to violate a statute, such as a consumer protection law. -It's also illegal for an employer to terminate someone based on race, sex, color, creed, nationality, age, disability and other protected classes pursuant to federal and state employment discrimination laws

bona fide occupational qualification

-employer must establish that the required characteristic is necessary for the success of the company's business and another protected class does not have the characteristics necessary for success in employment. -Ex: church can discriminate against non-followers of the religion in hiring someone as clergy because membership and belief in the religion is essential to success at the job -Ex: firing an actor based upon race or gender may be a bona fide occupational qualification if the role requires a specific race or gender.

Equal Employment Opportunity Commission (EEOC) enforcement

-enforces Title VII -If an employee or job applicant feels the company has violated Title VII they has 180 days from the date of the alleged violation in which to file a charge of discrimination with the EEOC -This 180-day deadline will be extended to 300 days if state or local discrimination law also covers the charge of discrimination. -The company will have an opportunity to provide a written response to the charge. -The EEOC will try to settle the issue between the employee and employer throughout the process -An investigation will be commenced -If a finding of no discrimination is made, a notice will be sent to the charging party, called a right to sue letter, and he or she will have 90 days to file a lawsuit against the employer on their own. -If the EEOC makes a finding of discrimination, it will try to resolve the matter through a conciliation process. If the EEOC cannot reach a conciliation between the parties, it will either decide to sue the employer or close the case and issue a right to sue letter to the charging party.

According to the Equal Employment Opportunity Commission, a person is considered to be disabled if

-he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment -Major life activities include such things as walking, seeing, hearing, standing, speaking, learning, reading, concentrating, communicating and working

Equal Employment Opportunity Commission (EEOC)

-is a federal agency that enforces the rules of the Civil Rights Act of 1964, Title VII -handles employee claims of discrimination and implementing new anti-discrimination laws -The commission also handles the: **Age Discrimination Act **Americans with Disabilities Act **Equal Pay Act **Pregnancy Discrimination Act

Sexual Harassment

-is a form of bullying or unwanted sexual advances in exchange for reward or favor, and it is illegal -The harassment is considered sexual in nature whether it is verbal or physical. It can be: Engaging in unwanted physical touch Making sexual gestures Displaying sexual images Telling sexual jokes Looking at a person in a sexual way Commenting sexually about clothing or appearance Asking sexually-oriented questions Creating a hostile work environment

A stressor

-is an individual or event that causes the stress to occur

The Americans with Disabilities Act (ADA)

-makes it illegal for employers to discriminate against job applicants or employees based upon a disability -The Act only applies to employers who employ 15 or more employees. -including: hiring, firing, layoffs, pay, benefits, promotions, training and any other term or condition of employment -also prohibits workplace harassment that results in either a hostile work environment or an adverse employee action, such as demotion or termination.

Fitness and Healthy Living

-one way to reduce absenteeism is to promote programs that improve the health and fitness of employees

criteria that subjects an employer to Title VII of the Civil Rights Act of 1964

-pretty much all private sector employers and local and state agencies are subject to the Act if they employ at least 15 employees -Unions and employment agencies are also subject to the Act.

Civil Rights Act of 1964, Title VII

-prohibits employers from discriminating against covered employees on the basis of race, color, religion, gender or national origin. -human resource managers must be fair in hiring qualified employees without discrimination.

Dependent Care

-was the most popular request from their employees -when a company provides a benefit that gives employees caregiving services with pretax dollars, onsite dependent care or time off to care for family members

rusted-out

employee under psychological stress due to the lack of challenge and opportunity at work

Which of the following instances of discrimination is NOT prohibited by Title VII? A female employee is paid less than her male coworker who has the same job title and responsibilities as her. An African-American job candidate was not hired because of his race. A 61 year old job candidate was not hired because of his age. A Jewish employee was fired from her job because of her religion.

A 61 year old job candidate was not hired because of his age.

How is a challenge stressor different from a hindrance stressor? A challenge stressor is positive in nature while a hindrance stressor has negative impacts. A challenge stressor is negative in nature while a hindrance stressor has positive impacts. Both a challenge stressor and a hindrance stressor are accompanied by positive impacts. Both a challenge stressor and a hindrance stressor are accompanied by negative impacts.

A challenge stressor is positive in nature while a hindrance stressor has negative impacts.

Which of the following is NOT allowed by the employment-at-will doctrine? A manager firing a junior partner because of her religion A manager firing her deputy because she thought he wasn't efficient enough A manager resigning without more than a month's notice because he got a better job offer A manager firing the company's best employee because he didn't contribute to team morale

A manager firing a junior partner because of her religion

Identify which of the following individuals would NOT be considered a covered employee under the Civil Rights Act of 1964, Title VII: A young Latino American male from Austin A middle-aged single Jewish mother from Chicago A young African American male from New York A middle-aged white male from New Jersey

A middle-aged white male from New Jersey

Flexible Work Arrangement

employees are able to work flexible hours or days instead of a traditional nine-to-five workday

Ann has interviewed for a job with a new company. She has been informed that a background check will be completed as part of the hiring process. This may involve all of the following, EXCEPT _____. A drug test A review of driving records A criminal background check A review of previous tax returns

A review of previous tax returns

What is a key difference between a typical employment discrimination lawsuit and a lawsuit based on disparate impact? A typical lawsuit is brought by employees, while disparate impact actions are brought by job applicants. A typical lawsuit is brought by rival employers, while disparate impact actions are caused by acts of discriminatory intent. A typical lawsuit allows employers to offer a defense, while disparate impact actions allow no defense against liability. A typical lawsuit requires proof of discriminatory intent, while disparate impact actions do not require the establishment of a discriminatory intent.

A typical lawsuit requires proof of discriminatory intent, while disparate impact actions do not require the establishment of a discriminatory intent.

Which of the following employment practices is subject to Title VII? A manager making a hiring decision based on a candidate's race. All of the answers are correct. A team leader choosing to send only his employee from Central America to a training program. A team leader deciding to promote a man over an equally qualified woman due to his gender.

All of the answers are correct.

exceptions to the prohibition against discrimination

An employer can make a hiring decision based upon race, sex and national origins if one of these characteristics is a bona fide occupational qualification

An employer can retaliate against an employee for _____. Serving as a plaintiff's witness in an employment discrimination lawsuit Failing to show up to work on successive days without providing an acceptable excuse Threatening to file a discrimination lawsuit or charge if alleged discrimination doesn't stop Filing an unsuccessful discrimination claim with the EEOC

An employer can retaliate against an employee for _____. Serving as a plaintiff's witness in an employment discrimination lawsuit Failing to show up to work on successive days without providing an acceptable excuse Threatening to file a discrimination lawsuit or charge if alleged discrimination doesn't stop Filing an unsuccessful discrimination claim with the EEOC

Why do many employees perceive the employment-at-will doctrine as a double-edged sword? Because it easily allows you to get tax deductions, but also increases the federal tax rate Because it makes it difficult for your employer to reduce or increase your pay. Because it makes less likely that your pay will be reduced, but it also lowers the chance that you'll be promoted. Because it means your employer can easily fire you, but it also allows you to walk out at any time

Because it means your employer can easily fire you, but it also allows you to walk out at any time

Why are backaches a common symptom of work-related stress? Because it's a sign someone is spending too much time working. Because the constriction of muscles in the neck and head due to stress lead to backaches. Because it's part of the body's reaction to prepare for fight or flight. Because it is usually a sign of substance abuse.

Because it's part of the body's reaction to prepare for fight or flight.

Why is rust-out dangerous in a work environment? Because if workers are not paid enough, they do not feel valuable. Because working too much may negatively impact worker health. Because lack of challenge and opportunity makes workers less productive. Because constant aggression exhibited by superiors makes workers feel inferior.

Because lack of challenge and opportunity makes workers less productive.

How can an employee and employer prevent application of the employment-at-will doctrine? By entering into an employment contract By getting a court injunction By petitioning the U. S. Supreme Court to change the law By going through a certified human resource department

By entering into an employment contract

Which of the following types of employment discrimination is prohibited under Title VII? Discrimination based on disability Discrimination based on age Discrimination based on mental illness Discrimination based on gender

Discrimination based on gender

Which of the following is an example of an off-duty act by an employee? Posting about the employer on a personal Facebook page while at home. Making a personal call during working hours on the company's telephone line. Posting on the company's social media page, such as Facebook, during work. Writing a personal email on the company's computer during work hours.

Posting about the employer on a personal Facebook page while at home.

vicarious liability

Employers can be held legally liable for some of the wrongful acts of their employees (Ex: an accountant negligently handles a customer's taxes, the employer can be liable.)

negligent hiring of employees

Employers can even be held liable for the negligent hiring of employees (Ex: a daycare worker abuses a child and a background check would have revealed a history of criminal abuse and neglect, an employer may be liable for negligent hiring of an abusive employee.)

Employers have legitimate interests in employee privacy because

Employers want to protect themselves from legal liability, employee theft, industrial espionage, and help promote productivity through monitoring.

Which of the following would assist an employer in dealing with an employee's pregnancy discrimination claim? Executive Order 11246 Office of Federal Contract Compliance Programs (OFCCP) Department of Labor (DOL) Equal Employment Opportunity Commission (EEOC)

Equal Employment Opportunity Commission (EEOC)

Onsite Education/Training

Ex: free seminars and training sessions on organization, communication and stress relief to help with their work-life balance

XYZ Corp. will allow all office workers the chance to work from home on Fridays. This is a _____. Form of stress relief Flexible work arrangement Flexible organizational option Part-time opportunity

Flexible work arrangement

An employment handbook tells Mary that she will not be fired except for good cause. Mary is subsequently fired because a manager doesn't like her personality. Which of the following exceptions to the employment-at-will doctrine may be applied? Constitutional law exception None of these exceptions apply Public policy exception Implied covenant of good faith exception

Implied covenant of good faith exception

employment-at-will doctrine is a double-edged sword because

It allows employees to quit their jobs at any time for any reason, but it also allows employers to fire for most any reason as well.

How did the Equal Employment Opportunity Commission (EEOC) impact the Civil Rights Act of 1964? It helped increase the strength of the Civil Right Act by including older African Americans as one of the protected groups. It helped to not only enforce, but to expand the prevention of discrimination as defined in the Civil Rights Act. It essentially repealed the Civil Rights Act by providing more civil rights to minorities. It essentially repealed the Civil Rights Act by removing several key targets in regards to gender issues.

It helped to not only enforce, but to expand the prevention of discrimination as defined in the Civil Rights Act.

Which of the following statements is inaccurate regarding sexual harassment? It can create a hostile work environment. The harassment is considered sexual in nature whether it is verbal or physical. It can involve commenting sexually about one's clothing. It is a form of unwanted sexual advances and may be illegal, but only if it's against the company's policy.

It is a form of unwanted sexual advances and may be illegal, but only if it's against the company's policy.

Carla is taking 30 days off of work to organize a breast cancer awareness program in her community. This is an example of what type of work-life program: Leave of Absence/Vacation Onsite Training Healthy Living Program Stress Relief Program Dependent Care

Leave of Absence/Vacation

What type of legal liability does an employer seek to avoid by performing background checks on all applicants? Strict liability Negligent hiring There is no liability for employers that may be avoided by performing a background check. Criminal liability

Negligent hiring

Which of the following employers are subject to Title VII? Private sector employers and local and state government agencies that employ at least 15 people. Private sector employers that employ at least 25 people. Public sector employers that employ at least 10 people. Employers with government contracts in excess of $15,000.

Private sector employers and local and state government agencies that employ at least 15 people.

Burden Shifting

Once a prima facie case is made, the burden is on the employer, who has to present some evidence of a legitimate, nondiscriminatory reason for the employment action. (the company could present evidence that the person hired for the management position had more job experience and an MBA, while the African-American applicant did not.)

What kind of stresses are placed on individuals by themselves such as volunteer work, overworking and traumas? Physical Demands Home Demands Task Demands Personal Demands

Personal Demands

Vicky has just been appointed to work as helper in a restaurant. She works for 7 hours a day either standing or walking around to perform her tasks. What type of demand is Vicky facing? Physical Demand Task Demand Role Demand Personal Demand

Physical Demand

Jane works in a high-stress job at a marketing company and is experiencing headaches and stomach pains almost every day. What type of symptom relating to stress are these? Psychological Physiological Behavioural Cognitive

Physiological

Jane was fired because she filed a workers' compensation claim. Why will a court likely rule the company has to reinstate Jane? Public policy protects the statutory rights of workers. Any termination without notice will leave a court with no option but to side with Jane. She did not break the law during her time with the company. The employee-at-will doctrine prevents such cases.

Public policy protects the statutory rights of workers.

Which of the following is an example of a behaviorial symptom of stress? Substance Abuse Heart attack Stomach Pains Burnout

Substance Abuse

Psychological Symptoms

such as burnout, rust-out, psychosomatic issues or depression, lacks motivation

John received a promotion at GTC Company, Ltd. last month, but he still does not know how his tasks will change. This uncertainty causes stress that manifests itself in feelings of lack of control and concern about career progress. Which category of stress is John actually going through? Task demands Interpersonal demands Home demands Role demands

Task demands

Work demands sources of stress

Task demands Role demands interpersonal demands Physical demands

Title VII is part of which legislation? The Civil Rights Act of 1964 The Wagner Act of 1935 The Age Discrimination in Employment Act (ADEA) The Affordable Care Act (ACA)

The Civil Rights Act of 1964

laws, regulations, policies and governing entities that human resource management (HRM) must comply with in an organization

The Civil Rights Act of 1964, Title VII Equal Employment Opportunity Commission (EEOC) Sexual harassment Affirmative action

Which of the following agencies is responsible for enforcing Title VII? The U.S. Department of Justice The U.S. Department of Labor The Equal Employment Opportunity Commission A State's Attorney General Office

The Equal Employment Opportunity Commission

Who enforces Title VII? The Equal Employment Opportunity Commission The Department of Labor The Attorney General The Department of Justice

The Equal Employment Opportunity Commission

Which of the following creates workplace health and safety standards that employers must follow? The union that represents company workers. The state's attorney general office. The company's board of directors. The Occupational Safety and Health Administration.

The Occupational Safety and Health Administration.

pre-adverse action disclosure

The applicant can then review the report to verify its accuracy and dispute the report if inaccurate. If the employer still decides to take an adverse action after any response from the applicant, the employer must provide notice again after the action is taken.

A company with 60 employees engages in government contract business and has revenue of $50,000,000. Why is this company subject to policies of affirmative action? The company should NOT be subject to policies of affirmative action. The company has a contract with the government worth more than $50,000 and has more than 50 employees. The company works with the government and has revenue larger than $50,000. Any company that engages in government contract business is subject to affirmative action.

The company has a contract with the government worth more than $50,000 and has more than 50 employees.

interpersonal demands

such as harassment, poor leadership, or inappropriateness

An employer presents evidence of a legitimate, non-discriminatory reason for the action that formed the basis of an employment discrimination lawsuit. What happens next? The employee must establish that the purported motive offered by the employer was a mere pretext. The case is dismissed and the employee is issued a cease and desist order from the court. The employer is granted a summary judgment. The EEOC ceases to represent the employee.

The employee must establish that the purported motive offered by the employer was a mere pretext.

employers must comply with the Fair Credit Reporting Act

The employer must receive consent from the applicant to acquire and use the report. If an employer intends to make an adverse employment action based upon the report, such as not hiring the applicant, then the applicant must be notified for the reason and be provided a copy of the report.

Workplace Safety & Violence

The workplace can be a dangerous place, especially for certain types of jobs, like manufacturing and construction jobs, where workers deal with dangerous chemicals, machinery, and tools on a routine basis

Identify which of the following is an example of psychological symptom of stress at work: When almost an entire department has substance abuse issues. When a manager often complains about back pain and headaches because of all of the difficulties in the company. When a manager is suffering from depression and causing difficulties within their work environment. When several employees are complaining about work-related headaches.

When a manager is suffering from depression and causing difficulties within their work environment.

two major sources of stress

Work demands and nonwork demands

Implied Covenant Exception of employment-at-will doctrine

a court may find wrongful termination if the employee can establish that her employer has indicated in different ways that she has job security: such as constant promotions, exemplary reviews, salary increases and verbal or written indications that would imply job security

Work-life balance is: an organizational concept that allows employees to work part time one week a month. an organizational concept that empowers employees to split time and energy between work and other important areas of their life successfully. an organizational concept that empowers employees to work from home twice a week. an organizational concept that recently came into popularity due to the growth in technology. an organizational concept that judges an employee's ability to juggle work and a family.

an organizational concept that empowers employees to split time and energy between work and other important areas of their life successfully.

how Title VII will impact the job in human resources

any employment decision that affects an employee is subject to the Act, including: -Hiring / Firing / Layoffs -Training / Transfers / Promotion -Pay / Benefits -'Any other term or condition of employment' -Title VII applies not only to employees but also job applicants

Physical demands

are harsh, extreme, strenuous, or hazardous work environments

Challenge stressors

are positive in nature and help employees acquire personal growth and achievement through time restrictions on projects or complex work.

Home demands

are stresses due to family expectations and child responsibilities

Personal demands

are stresses placed on individuals by themselves, such as volunteer work, overworking, and traumas

Task demands

consist of stresses such as a change in work responsibilities, technological changes, and time pressures

individual stress

consists of physiological, psychological and behavioral symptoms

Background Tests

criminal background check, a credit check, DMV records

The owner of James' Small Engine Repair has decided to purchase gym memberships for all of his employees. This is an example of a _____ work-life program. stress relief onsite training additional health benefits fitness and healthy living dependent care

fitness and healthy living

Nonwork demands source of stress consist of

home and personal demand stresses

off-duty activity

is a personal activity that is not work related but may have some connection to the workplace. Complaining about an employer on Twitter is an example

Role demands

occur when inconsistent or confusing expectations are presented to the employee

employment-at-will doctrine

permits both employers and employees to terminate the employment relationship for any reason with very few exceptions

Businesses offer work-life balance programs in order to _____ increase stock prices. reduce costs. increase efficiency. reduce turnover. increase revenues.

reduce turnover.

Identify the set that consists of work demand stresses. task, role, perpetual, and mental demands task, role, perpetual, and emotional demands task, role, perpetual, and physical demands task, role, interpersonal and physical demands

task, role, interpersonal and physical demands

John has discovered that his employer has been monitoring his email account and telephone calls while he's at work. John is very upset, but is told the company has the right to do so because _____. the communication occurred on company premises the communication was undertaken by a company employee the communication occurred on company time the communication utilized company equipment

the communication utilized company equipment

Stress

the emotional feeling of an individual to fight or flee when faced with a problem or demand