CH 17 and 18

Good Faith bargaining

-both employer and union must bargain in good faith • means that management, for instance, must be willing to meet with union representatives and consider the union's wishes when negotiating a contract. • Bad faith for management to engage in a campaign to undermind the union among workers or to constantly shift position on disputed contract terms. Or if management sent bargainers who lack authority to commit the company to a contract • If refuse to bargain in good faith, committed unfair labor practice and may require petition requiring good faith bargaining from NLRB

CT law for whistleblower policy

-exception based on public policy for employment at will -covers state agencies, quasi state agencies, companies doing business with state with large k's corruption, unethical conduct, state/fed violations, mismanagement, gross waste of funds, abuse of authority, danger or public safety.

prima facie case

A case in which the plaintiff has produced sufficient evidence of his claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it

Samuel Gompers quote about employment law

"Show me the country in which there are no strikes, and I'll show the country in which there is no liberty"

Green Card Lottery System

(50,000 each year) for countries with low immigration to US • Meant for countries that don't have high immigration to the US • 2 year process • don't need a relative • no one country gets more than 7% of total/yr • 100,000 randomly selected, then interview, background check, medical check, leads to 50,000+ spouses and children • in lottery, if you get in, you can bring your spouse and children and their green cards count towards the 50,000 green cards in the lottery

Amendments to FMLA

-2008 • Violations-damages to compensate employee for lost benefits, compensation, actual out of pocket expenses, job reinstatement, promotion if promotion denied, court costs, attorney's fees, and if bad faith, 2x damages • Supervisors potentially personally liable • Notice must be given to employee of when leave starts • Maine law covers employers with >15 employees if private, 25 if government • CT-covers employers with 75 employees but has more generous leave time; 16 weeks with any 24 month period

Federal Labor Laws

-Norris-LaGuardia Act -National Labor Relations Act -Labor Management relations act -Labor Management Reporting and Disclosure Act

how to prove disparate impact discrimination

1. pool of applicants 2. rate of hiring

discrimination based on religion

o Prohibited by Title VII ♣ Can't treat employees more/less favorably based on religious beliefs/practices ♣ Can't require employees to participate in any religious activity or forbid them from participating in any practice o Reasonable Accommodation ♣ Employer must reasonably accommodate the religious practices of its employees unless to do so would cause undue hardship to the employer's business. ♣ Only requirement is that the belief be sincerely held by the employee, doesn't need to be a popular and publicly established religion for the employee to be granted accommodation o Undue hardship ♣ If employee can't work certain day of week or a certain task, employer must do their best to accommodate religious requirements ♣ Only can deny requests if it would cause employer undue hardship

Affirmative action

o discrimination by giving members of protected classes preferential treatment in hiring or promotion. o Title VII neither requires nor prohibits affirmative action o Affirmative action- job hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination. o Affirmative action programs that have resulted in reverse discrimination have been controversial. -Prohibited in: California, Maryland, Michigan, Virginia, and Washington

reasonable accommodation under ADA

o employers are required to reasonably accommodate the needs of persons with disabilities through such measures as modifying the physical work environment and permitting more flexible work schedules o employer must make accommodation if job applicant or employee with disability can perform essential job functions. o Modifications may include; installing ramps for wheelchairs, more flexible work hours, modifying job assignments, creating or improving training materials and procedures.

H-2 Visa

♣ Agricultural or seasonal workers

Intentional Discrimination

-Disparate treatment discrimination: when an employer intentionally discriminates against people who are members of a protected class o To sue: ♣Must show you are member of protected class ♣Applied and was qualified for job in question ♣Rejected by employer (adverse employment action) ♣Employer continued to seek applicants for the position or filled the position with a person not in a protected class o If plaintiff successful, made out a prima facie case of illegal discrimination- presumed true unless contradicted

Employment at will doctrine

-Under this common law doctrine, either party may terminate the employment relationship at any time and for any reason ("at will"). unless in breach of contract o Majority of U.S. Workers o federal/statutes prevent this doctrine from being applied in pure form, and in many circumstances; ex: discrimination issues

Key provisions in ERISA

-Vesting ♣ Gives an employee a legal right to receive pension benefits at some future date when they stop working • Employee contributions vest immediately • Employer contributions vest after 5 years

wrongful discharge

-Whenever an employer discharges an employee in violation of an employment contract or statutory law protecting employees, the employee may bring suit -email/electronic communication

Occupational Safety and Health Act

-administered by the Occupational Safety and Health Administration (OSHA) • Imposes on employers a general duty to keep workplaces safe. • Prohibits employers from firing or discriminating against any employee who refuses to work when he or she believes the workplace is unsafe • Requires that employers post certain notices in the workplace, perform prescribed record keeping, and submit specific reports. • Employer with >11 employees are required to keep occupational injury and illness records for each employee • Report directly to OSHA when work related injury or disease occurs • If employee dies or three or more employees are hospitalized because of work incident, OSHA must be notified within 8 hours After incident, complete inspection of premises is mandatory

Unintentional discrimination

-disparate impact discrimination: occurs when an employee's practice, such as requiring a certain level of education, has the effect of discriminating against a protected class o Protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory To sue: o Have to show you are part of protected class o Protected class adversely affected by employer's practice/procedures o Complaining party must show statistically that employers practices/procedures are discriminator in effect

CT State Police Case

-possible disparate impact discrimination o 89% white, 5% African American 5% Hispanic o among 223 state officials ranked highly in force, mostly white men

Requirements for employee to receive workers compensation

1. The existence of an employment relationship 2. An accidental injury that occurred on the job or in the course of employment, regardless of fault. ♣ Must notify employer within 30 days of accident ♣ Must file a worker's compensation claim with state agency within 60 days-2years of time of injury is first noticed ♣ Acceptance of compensation benefits bars employee from suing for injuries caused by employer's negligence ♣ Employer can sue employee who intentionally injures themselves

strike

An action undertaken by unionized workers when collective bargaining fails. The workers leave their jobs, refuse to work, and (typically) picket the employer's workplace • Striking workers lose right to be paid and management loses production and may lose customers when orders cannot be filled • Management can call in replacement workers called scabs - No strike clause: police officers, fire fighters, teachers (people who legally cannot go on strike) • Wildcat strike- called for by minority of union • Lock out-management equivalent of a strike (Management has to show economic reasoning for lockout) o 2011 NFL lockout of NFL employees

whistleblowing

An employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activities.

Ballard v. Chicago Park District

Beverly Ballard worked for the Chicago Park District. She was caregiver to her mother who suffered from end-stage congestive heart failure. Her mother had funds for an end of life goal for a trip to las vegas with their family. Beverly asked her employer for unpaid time off under the Family Medical and Leave Act and they said no but she went anyway and then got fired due to unauthorized absences. She filed suit against her Chicago Park district and the court ruled in her favor, Chicago Park district appealed and the appellate court affirmed the lower courts decision. Under the FMLA an employee is entitled to take a leave from work to care for a family member with a serious health condition and the location of the care is not limited to home.

Union election campaigns

Employer has control over unionizing activities that take place on company property during working hours so they can limit the campaign activities of union supporters as long as the employer has a legitimate business reason for doing so, may also reasonably limit the times and places union solicitation occurs as long as not discriminating

Fair Labor Standards Act

Extended wage and hour requirements to cover all employers whose activities affect interstate commerce plus certain other businesses. The act has specific requirements in regard to child labor, maximum hours, and minimum wages ♣ Prohibits oppressive child labor ♣ Set 40 hour work week, anything over gets overtime of time and a half ♣ Latest revision 2009; Minimum wage of $7.25 ♣ State laws that can exceed federal minimum wage ♣ Tips-employer required to pay $2.13/hour ♣ different If employer provides housing a food for you ♣ CT minimum wage • 2014 $8.70 • 2017-2018 $10.10

O Visa

Extraordinary ability in science, arts, education, business, athletics

Ricci v. Destefano

Fire department in New Haven, CT administered a test to firefighters to see who was eligible for promotion. No African americans and only 2 hispanics passed. The department was afraid they would be sued for discrimination if they only promoted white firefighters so they decided not to use the results. The 2 Hispanic people and other white people who passed sued the city claiming reverse discrimination. US supreme court held that the employer engaged in intentional discrimination to remedy an unintentional disparate impact only if the employer has "a strong basis in evidence" to believe that it will be successfully sued for disparate impact discrimination, if it fails to take race conscious discriminatory action. Fear of litigation was not sufficient reason for city to discard results. City certified test results and promoted firefighters. There was an analysis to formulate tests; analyzed jobs, tried to reduce discriminatory effects.

Layoffs

Mass layoff is at least 33% of full time employees at single job site and at least 50 employees total or at least 500 full time employees during a 30 day period ♣ Employee loss is a layoff of at least 6 months in length or reduction in hrs of more than 50% ♣ Notice to workers and state/local government ♣ Companies will sometimes stagger layoffs to avoid notice ♣ Remedies- fines up to $500/day, employers recover back pay plus attorney's fees, employees recover benefits for period

Moroni v. Medco Health

Moroni negotiated a deal via email with Medco Health's agent, Brian Griffin, that said he would work on Medcos project 2 days a week for 13 months for 17,000 a month. Moroni started performing the contract and Medco refused to pay him. Moroni sued for breach of contract and Medco said the email was an agreement to agree but the court ruled in favor of Moroni saying that an email counted as an enforceable contract

Constructive discharge

Occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit ♣ Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under Title VII ♣ Damages for loss of income, back pay, damages ordinarily not available to employee who left a job voluntarily

Wendeln c. The Beatrice Manor Inc

Plaintiff Rebecca Wendeln was staff coordinator at defendants nursing home. A particular patient required special movement procedures. Plaintiff discovered improper movement and reported incident to state authorities, as required by law. Plaintiff was fired. Plaintiff files lawsuit and although she was an employee at will, she was protected from wrongful discharge by public policy-whistleblower

Procedures under ADEA

Plaintiff must show that the unlawful discrimination was not just a reason but the reason for the adverse employment action. Employee has the burden of establishing "but for" causation- but for the plaintiff's age, the adverse action would not have happened

MIMS v. Starbucks

Plaintiffs and other managers at Starbucks works 70 hrs a week for $650-$800, 10-20% bonus and paid sick leave. Plaintiffs filed suit against Starbucks for unpaid overtime claiming that 70-80% of duty spent waiting on customers like regular employee, not necessarily managing. Court ruled in favor of Starbucks: managers were single highest ranking employee in store and responsible for stores day to day operations and primary duty was managerial so not entitled to overtime.

Immigration reform and control act (IRCA)

Prohibits employers from hiring illegal immigrants. The act is administered by U.S. Citizenship and Immigration Services. Compliance audits and enforcement actions are conducted by U.S. Immigration and Customs Enforcement. Places amnesty to certain groups of illegal aliens living in the US and Sanctions for employers that hire illegal aliens.

Electronic Communications Privacy act

Prohibits employers from intercepting an employee's personal electronic communications unless they are made on devices and systems furnished by employer

City of Ontario CA v. Quon

Quon, A police sergeant with city of Ontario was issued a pager with texting capabilities for work related communication. City had general policy that employees not use computers, internet, email for personal matters. Quon went over allowed data limit. Paid overages. But, without his knowledge. Supervisor accessed stored data. Requested transcripts and found sexually explicit texts to GF a fellow employee. Quon claimed violation of privacy rights US district court agreed.

Davis Bacon Act

Requires contractors and subcontractors working on federal government construction projects to pay their employees "prevailing wages"

Walsh Healey Act

Requires that employees of manufacturers or suppliers in contract with federal agencies to pay their employees a minimum wage and overtime pay

Types of discrimination under Title VII

Title VII prohibits both intentional (disparate treatment) and unintentional (disparate impact) discrimination

employment discrimination

Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability

Child Labor in FLSA

Under 14, can only engage in certain types of employment, deliver newspapers, entertainment, work for parents, agriculture • 14/15 allowed to work but not in hazardous occupations • 16/18 no restrictions on hours but still restrictions on hazardous jobs • 18 and above restrictions • *state child labor laws

Unfair Labor practices defined in National Labor relations act

o 1. Interference with the efforts of employees to form, join, or assist labor organizations or to engage in concerted activities for mutual aid or protection o 2. An employer's domination of a labor organization or contribution of financial or other to support it o 3. Discrimination in the hiring or awarding of tenure to employees based on union affiliation o 4. Discrimination against employees for filing charges under the act or giving testimony under the act o refusal to bargain collectively with the duly designated representative of the employees

Definition of disability

o ADA defines disability as 1) a physical or mental impairment that substantially limits on or more major life activities, 2) a record of such impairment, or 3) being regarded as having such an impairment o Blindness, alcoholism, heart disease, cancer, muscular dystrophy, cerebral palsy, paraplegia, diabetes, acquired immune deficiency syndrome, testing positive for HIV, and morbid obesity. o Provision in ADA prevents employers from taking adverse employment actions based on stereotypes or assumptions about individuals who associate with people who have disabilities. o Determined on case by case basis o No klemtomania, no myopia, no carpal tunnel syndrome applies

Equal Protection Issues

o Affirmative action programs may violate the equal protection clause of the 14th amendment o Any federal, state, or local affirmative action programs that use racial or ethnic classifications as the basis for making decisions is subject to scrutiny by the courts o Constitutional only if it attempts to remedy past discrimination and does not make use of quotas or preferences o Once goal of program to remedy past discrimination has been reached, it must be changed or dropped.

featherbedding

o Causing employers to hire more employees than necessary

union shop

o Does not require membership as a prerequisite for employment but can require that workers join the union after a specified amount of time on the job

Substance abusers

o Drug addiction is a disability under the ADA o Those actually using illegal drugs are not protected by the act o ADA only protects persons with former drug addictions- completed or are in a drug rehab program o Alcoholism protected under ADA o Can't discriminate if person is an alcoholic but can require employees not to be drinking during work/be drunk at work

Defenses to employment discrimination

o Employers may assert that the discrimination was required for reasons of business necessity, to meet a bona fide occupational qualification, or to maintain a legitimate seniority system, or a lack of motive o Assert that plaintiff has failed to meet his or her initial burden of proving that discrimination occurred

Job applicants and preemployment physical exams under ADA

o Employers must modify their job application process so that those with disabilities can compete for jobs with those who do not have disabilities. o Restricted in kinds of questions they can ask on apps and in interviews o Cannot require a person with disabilities to submit to preemployment physical unless such exams are required of all other applicants. o Can only disqualify applicant if results of physical show that the applicant would be unable to perform the job.

hot cargo agreements

o Employers voluntarily agree with unions not to handle, use, or deal in goods produced by nonunion employees working for other employers.

US Womens National Soccer team

o Filed suit against USA soccer because of unequal pay and working conditions

Waddell v. BTI

o Holding/Law: absent an agreement showing fixed duration. Employment relationship is presumed to be "at will", terminable at any time by either party o Rationale: when Waddell hired, no whistleblower policy. Waddell failed to show he forsook other employment in reliance of BTI whistleblower policy -Facts: Waddell worked as a supervisor for BTW and did not have an employment contract for a fixed term. Employee manual said that his job was terminable at will or either the employer or employee with or without a cause. Months later, BTI implemented a whistleblower policy. Waddell kept telling his supervisor that she needed to file certain documents more promptly and was fired for disrespectful and insubordinate conduct. Waddell sued and court held he failed to state a proper claim for breach of implied contract. Waddell did not have employment contract so court assumed he was employed at will. Employee may overcome this if employer made the employee aware of an express written policy limiting its rights of discharge and the employee detrimentally relied on policy in accepting employment. Had a whistleblower policy but wasn't implemented until months after he started working there. Could not prove that he detrimentally relied on the whistleblower policy and therefore was employed at will and failed to state a claim for a breach of implied contract.

Smith v. Johnson & Johnson

o Holding/law: administrative employees are exempt from FSLA's overtime requirements. Plaintiff qualified as an administrator under department of labor criteria o Rational: department of labor classifies administrator employees as 1) compensated on salary or fee based on rate not <$455/wk exclusive of bonus, lodging, other 2) primary duty is office, non-manual work and 3)primary duty includes exercise of discretion, independent judgement o Facts: plaintiff was pharmaceutical sales rep for defendant J&J. Position required her to visit on average 10 MD's/day every MD 1x/quarter to persuade them to prescribe concerta. She has discretion on how/when to schedule visits and divide J&J's budget. She was unsupervised 95% of time. Base salary $65k, no overtime.

Local Joint Executive Board of Las Vegas v. NRLB

o Holding/law: brief interruption by employer of union organizing activities (obtaining authorization cards) by telling employees not to sign without fully understanding facts did not constitute illegal surveillance under the NRLA: Test is objective test—determination of whether employer's conduct would tend to interfere with restrain or coerce employees o Rationale: no threats, force, or promises or benefits were made, just tried to give additional facts to consider Facts: HR managers at casinos entered employee dining room during union organizing of housekeeping, food, and beverage employees. HY managers attempted to give employees additional info and told employees not to sign cards without understanding consequences

Thompson v. North American Stainless LP

o Holding/law: title VII allows for 3rd party co worker retaliation claims in certain situations because Thompson had a relationship with someone who filed a gender discrimination claim. He fell within zone of interest to claim anti retaliation o Rationale: title VII anti retaliation provisions prohibit any employer action that might dissuade a reasonable employee from making a claim of discrimination because thompson had a relationship with someone who filed a gender discrimination claim, hurting him may well be an attempt to hurt co worker o Facts: employee regaldo filed gender discrimination claim against defendant 3 weeks later her fiancé who worked at the same place was fired.

Pretext of ADEA

o If employer offers legit reason for its action, then the plaintiff must show that the stated reason is only a pretext and that the plaintiff's age was the real reason for the employer's decision.

Union Elections

o If employer refuses to recognize or majority not reached: organizers can present cards to NLRB with petition for an election, have to demonstrate at least 30% of workers support a union or election o Must represent an appropriate bargaining unit ♣ Key requirement: mutuality of interest among all the workers to be represented by the union • Factors considered: similarity of the jobs and physical location o If all requirements met, election is held o NLRB supervises election and ensures secret voting and voter eligibility o If majority support, union formed

Drug Testing

o In the interests of public safety and to reduce unnecessary costs o Required by most employers o Public employers: ♣ Constrained by 4th amendment (unreasonable search and seizures) ♣ Allowed for transportation workers ♣ Does not violate is there is a reasonable basis the person is doing drugs o Private employers: ♣ 4th amendment does not apply ♣ governed by state law ♣ may restrict on how and when testing is performed ♣ collective bargaining agreement may provide protection ♣ random drug tests and zero tolerance policies held reasonable

right to work laws

o Makes it illegal for union membership to be required for continued employment in any establishment ♣ Union shops are technically illegal in 23 states that have right to work laws

New developments in overtime

o May 2016 FLSA ♣ New department of labor exemptions rules for exec, admin, professional, and outside sales -raised the threshold of salary past which you cannot qualify for overtime

Mora, Josephine v. Jackson Memorial Foundation, Inc

o Mora was a fundraiser for Jackson Memorial foundation, she was fired by the CEO when she was 62 citing errors and issues with professionalism. She filed suit against the foundation, alleging age discrimination. Asserted that when she was fired the CEO told her "I need someone younger I can pay less". She had a witness who heard this statement and also heard CEO say Mora was "too old to be working here anyway". CEO denied making statements, foundation claimed firing was for poor job performance. District court granted summary judgment in foundation's favor, Mora appealed. Appellate court reversed. Court held that a reasonable juror could have accepted that the CEO had made discriminatory remarks and could have found these remarked were sufficient evidence of a discriminatory motive. That would show that Mora was fired because of age.

Morales Cruz v. University of Puerto Rico

o Morales began a tenure track teaching position at the University of Puerto Rico School of Law. During her probationary period one of the students and professors had an affair that resulted in a pregnancy. In 2008, Morales asked the administrative board for a 1 year extension for her tenure review, the board asked Morales why she never said anything about that teacher's affair and criticized her for not reporting it. Later he recommended granting the extension but called her insecure, immature, and fragile. Another committee recommended her as well but a professor commented that she had shown poor judgment, had personality flaws, and had trouble with complex and sensitive situations. Morales learned about these comments and complained to the university's chancellor, the dean recommended denying the one year extension and the administration did that. She was fired and she sued the university under Title VII. She asserted that the dean had retaliated against her for complaining to the chancellor. District court sided against her, she appealed. Appellate court affirmed previous decision. Under title VII an employer may not retaliate against an employee because they have opposed a practice prohibited by Title VII. Morales argues that the dean recommended against the one year extension because she had complained about discriminatory comments. Court found that Morales did not allege any facts that could be construed as gender based discrimination. Comments were gender neutral. If dean did retaliate it was not for engaging in conduct protected by Title VII.

Title VII The Civil Rights At of 1964

o Most important statute covering employment discrimination o Title VII prohibits employment discrimination based on race, color, national origin, religion, or gender at any stage of employment o Applies to employers with 15 or more employees and labor unions with 15 or more members o Applies to labor unions that operate hiring halls, employment agencies, and state and local governing units or agenices o Created the administrative agency EEOC

Discrimination based on age

o Most widespread form of discrimination o Prohibited by Age Discrimination in Employment Act (ADEA)

National Labor Relations Board (NLRB)

o Oversees union elections and prevents employers from engaging in unfair and illegal union activities and unfair labor practices o Has authority to investigate employee's charges of unfair labor practices and to file complaints against employers in response to these charges o When violations found; issue a cease and desist order o NLRB's decision can be appealed to a federal court

Browne Sander v. Madison Square Garden

o Plaintiff was VP of marketing fired in 2006 after hiring attorney to pursue sexual harassment suit against MSG and Isahia Thomas GM of NY Knicks. Claim was Thomas made unwanted sexual advances, repeatedly used vulgar language, the knicks had an atmosphere of sexual harassment which demeaned women; $11.5 million

Collective bargaining

o Process by which labor and management negotiate the terms and conditions of employment, including wages, benefits, working conditions, and other matters. • NLRB certifies the union because the exclusive bargaining representative of the workers • Central legal right of union to engage in collective bargaining on members behalf

Discrimination based on race, color, and national origin

o Prohibited by Title VII o Race interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons o National origin refers to discrimination based on a person's birth in another country or their ancestry or culture o To avoid liability, employer must show that its standards have a substantial, demonstrable relationship to realistic qualifications for the job in question

Discrimination based on gender

o Prohibited under Title VII o Employers can't classify jobs as male or female, advertise positions as male or female unless they can prove that the gender of the applicant is essential to the job o Prohibits male/female seniority lists o Gender must be a determining factor ♣ Plaintiff must demonstrate that gender was a determining factor in the employer's decision to fire or refuse to hire or promote her or him o Pregnancy Discrimination -wage discrimination

Association discrimination

o Protects against discrimination based on an identified disability of a person with whom the qualified individual is known to have a relationship

Remedies under ADA

o Remedies: reinstatement, back pay, a limited amount of compensatory and punitive damages, and certain other forms of relief. Repeat violators may be ordered to pay fines of up to $100,000

Closed shop

o Requires union membership by its workers as a condition of employment

Employees International Union v. National Union of Healthcare Workers

o Services Employees International Union consists of 2.2 million members who work in health care, public services, and property services. United Health Workers is affiliated with SEIU and represents 150,000 health care workers in CA. Under the SEIU constitution they have the authority to realign local unions and can also place a local union into a trusteeship to protect the interests of the membership. SEIU proposed moving 150,000 long term health care workers from 3 separate unions including 65,000 from UHW into a new union chartered by SEIU. UHW opposed this move, SEIU placed them into trusteeship anyway. So UHW blocked access to its buildings to prevent the trustees from entering, removed UHW property from the buildings, and instructed its members not to recognize the trustee's authority. While still on UHW payroll, officials created and promoted new union, National Union of Healthcare Workers (NUHW), SEIU filed suit against NUHW and UHW officials for breach of fiduciary duties. SEIU won. Section 501 of LMRDA creates a fiduciary duty owed by union officials to the union as an organization no only to the unions rank and filed members. Officials who divert union resources to establish a new competing union breach this duty. Officials or labor unions are required to uphold the highest standards of responsibility and ethical conduct in administrating the affairs of the union. Defendants diverted union resources to weaken their own union and to form a rival union because they did not agree with the constitutionally permissible decision of the international union. No construction of the LMRDA doesn't allow conduct based on defendants subjective motives.

Discrimination based on disability

o The Americans with Disabilities Act (ADA) ♣ Prohibits employment discrimination against persons with disabilities who are otherwise qualified to perform the essential functions of the jobs for which they apply. Prohibits discrimination in workplaces with 15 or more workers with the exception of state government employers who are generally immune. Requires that employers reasonably accommodate the needs of persons with disabilities unless to do so would cause the employer undue hardship

Proving hostile environment harassment

o The courts needs to determine if the conduct is severe or pervasive enough to create a hostile or abusive work environment; based on ♣ 1. A reasonable person would find the environment objectively hostile ♣ 2. The plaintiff did subjectively find the conduct severe or pervasive

Prima facie case ADEA

o To establish, plaintiff must show that they were: ♣ 1. A member of the protected age group ♣ 2. Qualified for the position from which they were discharges ♣ 3. Discharged because of age discrimination o then the burden shifts to the employer

enforcement of IRCA

o US Immigration and Customs Enforcement o Conducts random compliance audits o Doesn't need subpoena or warrant o If possible violation found; issue a Notice of Intent to Fine o Employer has right to a hearing if request within 30 days o Hearing conducted in front of administrative law judge o Right to counsel and discovery o Typlical defense; good faith or substational compliance with the documentation provisions

Health insurance plans

o Workers with disabilities must be given equal access to any health insurance provided to other employees. o Employers cannot exclude preexisting health conditions from coverage. o Employer can put a limit on healthcare payments under its group policy ♣ Must be applied equally to all insured employees and not discriminate on the basis of disability o Whenever group plan makes a disability based distinction in its benefits, the plan violates the ADA unless the employer can justify its actions under the business necessity defense

Procedures under ADA

o plaintiff must show that they 1) have a disability, 2) is otherwise qualified for the employment in question, and 3) was excluded from it solely because of the disability. Procedures and remedies under the ADA are similar to those in Title VII cases. o Plaintiff must pursue their claim through the EEOC before filing an action in court o EEOC may decide to investigate and perhaps even sue the employer on behalf on the employee. If EEOC does not sue, employee can. EEOC can bring suit even if employee previously agreed to solve job related disputes in arbitration.

Sexual harassment

oTitle VII protects employees against sexual harassment in the work place -The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment -Forms: quid pro quo and hostile environment harassment

Quid pro quo harassment

• "something in exchange for something else" • occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, and the like

Penalties of violating IRCA

• $2200 fine for each unauthorized employee first offense • $5000 per employee second offence • $11000 for subsequent offenses • criminal penalties • additional fines and imprisonment for <10 for employers who have demonstrated a pattern or practice of violations • company may be barred from future government contracts

Johnston v. School District of Philadelphia

• 4 white males fired from their positions by African American Female supervisor. School distrct claimed reorganization but terminated without notice, no disciplinary record, no investigation of claims of discrimination, not interviewed for other positions, hired 4 more less qualified people of protected class.

Overtime exemptions in FLSA

• 40 hrs/week, anything in excess will normally be paid at rate least 1.5x normal rate • exemptions-exec/admin/professionals/outside sales/computer programmers

Tangible employment action

• A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position; constructive discharge also qualifies as this

Pregnancy discrimination act

• Amended Title VII and expanded the definition of gender discrimination to include discrimination based on pregnancy • Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar ability to work

retaliation claim

• An individual asserts that they suffered a harm as a result of making a charge, testifying, or participating in a title VII investigation or proceeding. • Plaintiffs do not have to prove that the challenged action adversely affected their workplace or employment. • Plaintiffs must show that the action was one that would likely have dissuaded a reasonable worker from making or supporting a charge of discrimination. • Protects an employee who speaks out about discrimination against another employee during an employer's internal investigation

laws governing employment

• Basis is common law • But now more contract law o Statutory law A lot of it came out of the 1930s during the great depression

Paycheck fairness act of 2009

• Closed some loopholes in equal pay act. Factor for gender differential must be a business necessity • Compensatory and punitive damages (like race/national origin)

Heath Insurance Portability and Accountability Act (HIPPA)

• Contains provisions that affect employer-sponsored group health plans • Does not require employers to provide health insurance but it does establish requirements for those that do provide such coverage • Strictly limits an employer's ability to exclude coverage for preexisting conditions except pregnancy • Restricts the manner in which covered employers collect, use, and disclose the health information of employee and their families • Employers must train employees, designated privacy officials, and distribute privacy notices to ensure that employee's health information is not disclosed to unauthorized parties • Failure to comply with HIPAA can result in civil penalties $100 per person violation. Criminal prosecution, $250,00 fines and <10 years in prison

Dees v. United Rentals North America Inc

• Dees, an African American, applied to United Rentals North America Inc for employment. Offered a service technician position in St Rose Louisiana and accepted. First 2 years of employment were good but then it went downhill he frequently marked equipment that was not working as fit. He was coached, given multiple warnings, and was eventually fired. Dees filed a charge witht eh EEOC alleging employment discrimination based on race and age in violation of Title VII and ADEA. After receiving a right to sue notice, he filed suit against United Rentals. Court granted summary judgment in employers favor. Dees appealed. Appellate court affirmed lower court's decision. Dees failed to submit any evidence of discrimination and that was fatal to his claims under title VII and ADEA. Under those laws, Dees first has to make a prima facie case, the burden would have been shifted to United Rentals to articulate a legitimate, non discriminatory reason for firing him. Court determined that United Rentals had provided enough evidence of legitimate nondiscriminatory reason for Dee's termination. His belief was insufficient to demonstrate pretext.

Union Negotiates with management

• Each side uses its economic power to pressure or persuade the other side to grant concessions

Daniels v. Worldcom

• Emailed racially offensive jokes. Complaint made, prompt action by employer; warning issued to employee who sent email and 2 meetings held for all employees

Labor Management reporting and disclosure act

• Established an employee bill of rights and reporting requirements for union activities • Strictly regulates unions internal business procedures including elections • Ex convicts can hold union office • Union officials are accountable for union property and funds • Members have right to attend and participate in union meetings, to nominate officers, and to vote in most union proceedings Outlaws hot cargo agreements

National Labor Relations Act

• Established the rights of employees to engage in collective bargaining and to strike • Specifically defined unfair labor practices • RR/airlines not covered • Aug 2015, Northwestern University Football players try to unionize, NLRB said no jurisdiction based upon structure of NCAA; would not promote union

Union organization

• First step; have workers sign authorization cards (Usually states that the worker desires to have a certain union represent the workforce) • If a majority sign cards, union organizers present cards to the employer and ask for formal recognition of the union • Employer not required to recognize at first, required to recognize once majority sign

Employee Retirement Income Security Act (ERISA)

• Govern employers to have private pension funds for employees • Created Pension Benefit Guaranty Corporation (PBGC) o Provide timely and uninterrupted payment of voluntary private pension benefits o Pension plans pay annual insurance premiums to PBGC which then pays benefits to participants when the plan cant o ERISA does not require an employer to establish a pension plan

Lawful Permanent Resident (LPR) (Green Card)

• I-551 Alien Registration Receipt • Up to 1 million new ones issued every year

Lilly Ledbetter Fair Pay Act

• Made discriminatory wages actionable under federal law regardless of when the discrimination began • Overturned previous decision by Supreme court that limited plaintiff's time period to file a claim within 180 days Time period to file claim now is unlimited

I-9 Employment verification

• Must perform for new hires to comply with IRCA • Must be completed within 3 days of workers commencement of employment • 3 day period is to allow employer to check the form's accuracy to review and verify documents establishing the prospective worker's identity and eligibility for employment in the US • under penalty of perjury, must declare that an employee produced documents establishing his or her identity and legal employability • US passport, document authorizing a foreign worker to work in US (permanent resident care or alien registration receipt) • If employee lies; fired and possible deportation • If employer knew or should have, they are held liable

Hostile environment harassment

• Occurs when the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment • Generally single incident is not enough • Written policies, training, assure no punishment for complaint, don't disclose additional complaints to EEOC • Determined case by case

Oncale v. sundowner offshore

• Oil rig setting, sexual harassment from co-workers. Complaints to supervisor produced no remedial action. Title VII protection against workplace discrimination sexual harassment applies to members of the same sex

Jian Min Change v. Alabama A&M University

• Plaintiff chang was instructor at AAMU when AAMU terminated his employment, plaintiff file claim with EEOC, then ultimately filed suit claiming discrimination based on national origin, prima facie case established-1. Member of protected class, 2, qualified 3 suffered adverse employment action, 4 replaced by someone outside protected class. Burden shifted to AAMU and they said plaintiff fired for insubordination: arguing with AAMU VP, refusal to comply with her instructions.

Labor Management Relations Act

• Prohibits certain unfair union practices such as closed shop • Preserved legality of the union shop • Prohibited unions from refusing to bargain with employers, engaging in certain types of picketing, and featherbedding • Allowed states to pass their own right to work laws

Norris LaGuardia Act

• Protected peaceful strikes, picketing, and boycotts • Restricted the power of federal courts to issue injunctions against unions engaged in peaceful strikes • Established a national policy permitting employees to organize

Equal pay act

• Requires equal pay for male and female employees doing similar work at the same establishment. • Court will look to the primary duties of the two jobs, the job content rather than the job description controls. • If wage factor due to anything other than gender, does not violate Equal Pay Act

Procedure under Title VII

• employees must file a claim with the Equal Employment Opportunity Commission (EEOC) before bringing suit against employer. The EEOC may sue the employer on the employee's behalf. If not, the employee may sue the employer directly. • EEOC may also investigate and attempt to arrange an out of court settlement • Only investigates priority cases; cases involving retaliatory discharge (firing an employee in response to them filing a claim) and cases involving types of discrimination that are of particular concern to the EEOC

Remedies for discrimination under Title VII

• include resinstatement, back pay, and retroactive promotions. Damages (compensatory and punitive) may be awarded for intentional discrimination ♣ Punitive damages may be recovered against a private employer only if the employer acted with malice or reckless indifference to an individual's rights. ♣ Statute limited total amount of compensatory and punitive damages plaintiff can recover from employers depending on size • $50,000 for <100 employees • $300,000 >500

Prima Facie case for association discrimination

♣ 1. Qualified ♣ 2. Adverse employment action ♣ 3. Employer knew a relative/associate of person has a disability; and ♣ 4. Adverse employment action occurred under circumstances raising reasonable interference that relatives/associates disability was determining factor in employer action

business necessity

♣ A defense to alleged employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance ♣ May defend against a claim of disparate impact discrimination with this.

Protected class

♣ A group of person protected by specific laws because the group's defining characteristics including race, color, religion, national origin, gender, age, and disability, sexual orientation

Lack of motive

♣ A plaintiff who cannot prove a discriminatory motive will be unable to establish his or her case and the employer will have a defense against a charge of discrimination.

Seniority Systems

♣ A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced. ♣ Employees can bring lawsuit asking a court to order that minorities be promoted ahead of schedule to compensate for past discrimination.

L Visa

♣ Allows company's foreign managers/exec to work in US

Worker Adjustment and Retraining Notification Act (WARN)

♣ Applies to employers with at least one hundred full time employees and requires that 60 days advance notice of mass layoffs be given to affected employees or their representative. Have to notify state and local government for planning purposes. ♣ Purpose is to give workers notice so can look for another job and to alert state and local agencies to provide training ♣ Notice to workers and state/local government

rate of hiring

♣ Can prove disparate impact discrimination by comparing the selection rates of white and nonwhites (or members of another protected class). ♣ EEOC devised test called "four-fifths rule" • ---Used to determine whether an employment selection procedure is discriminatory on its face. • ---A selection rate for protected classes that is less than four fifths or 80 percent of the rate for the group with the highest rate will generally be regarded as evidence of disparate impact

Federal Jurisdiction on Immigration

♣ Commerce clause ♣ Supremacy clause ♣ Congress has the right to make uniform rules for naturalization ♣ V. Enforcement of Existing Laws • Fight between congress and president about immigration. Congress allowed to make uniform laws and executive branch has right to enforce those laws.

Employer remedial action for harassment

♣ Company policies ♣ Mandatory training ♣ Proof of attendance/completion ♣ Prompt action upon complaint

I-551 Alien Registration Receipts

♣ Company seeking to hire a non citizen worker, can if worker is self authorized • worker is lawful permanent resident or has a valid temporary employment authorization document lawful permanent resident can prove their statues with I-55 Alien Registration Receipt (green card) ♣ employer can obtain labor certification or green cards for immigrant employee ♣ green card only for a person who is being hired for a permanent, full time position ♣ employer must show that non US worker is qualified, willing, and able to take the job

State Workers compensation laws

♣ Created to clear up influx on cases in court system and get workers taken care of quickly ♣ Establish an administrative procedure for compensating workers who are injured in accidents that occur on the job, regardless of fault ♣ No state covers all employees ♣ Typically excluded: domestic workers, agricultural workers, temporary employees, and employees of common carriers ♣ Minors covered ♣ Statutes allow employers to get insurance from private insurer or a state fund to pay workers compensation

The Ellerth/Faragher Affirmative Defense

♣ Defense has 2 elements: • 1. The employer has taken reasonable care to prevent and promptly correct any sexually harassing behavior (by establishing effective antiharassment policies and complain procedures) • 2. The plaintiff-employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm ♣ if employer proves both elements; not held liable for supervisor's harassment ♣ 1998 US supreme court issued rulings that impacted sexual harassment by supervisors • Court held that than employer (a city) was liable for a supervisor's harassment of an employee even though the employer was unaware of the behavior. The city had a written policy against harassment but did not distribute it to it's employees and did not establish any complaint procedure for employees who had felt they had been harassed • Another case; court held that an employer can be liable for a supervisor's sexual harassment even though the employee does not suffer adverse job consequences

Social security

♣ Designed to protect against financial impact of retirement, disability, hospitalization, unemployment, and death ♣ Provides for old age, survivors, and disability insurance. ♣ Both employers and employees must make contributions under the Federal Insurance Contributions Act (FICA) ♣ Retirement, Medicare, and Medicaid covered by FICA ♣ Basis for contributions is employee's annual wage base—the max amount of the employee's wages that are subject to the tax ♣ Social security benefits are fixed by statute and increase with increases in cost of living -also administers Medicare, a health-insurance program for older or disabled persons -OASDI (old age, survivors, and disability insurance)

reverse discrimination

♣ Discrimination against majority individuals, such as white males

Employment privacy protection

♣ Employees of private employers have some protection under tort law and state constitutions ♣ Electronic Communications Privacy Act ♣ Employers can use filtering software to block access to certain websites ♣ First amendment's protection of free speech prevents only government employers from restraining speech by blocking web sites ♣ Determining liability of employer for violating privacy against employees rights; weigh employer's interests against employee's reasonable expectation of privacy ♣ If informed cannot reasonably expect to keep certain interactions private ♣ If employer provides email system, blog, or social media network that employee used for communications, court will typically hold employee did not have a reasonable expectation of privacy. ♣ Employer may be held liable if employee not informed of monitorization

Harassment by co workers and nonemployee

♣ Employer normally only held liable if they knew or should have known about the harassment and failed to take action • Same goes for harassment for nonemployees

After Acquired evidence of employee misconduct

♣ Employers have also attempted to avoid liability for employment discrimination on the basis of after acquired evidence ♣ Evidence found after a lawsuit is filed of employee misconduct can be used as a defense ♣ Cannot shield employer completely from liability but it could limit amount of damages of the lawsuit.

retaliation by employers

♣ Employers may not take retaliation against employees who complain about sexual harassment; title VII prohibits this and employees can sue employer

Electronic monitoring

♣ Employers monitor social media, emails, phone, and internet use ♣ May video employees at work, record phone calls, read texts, social media

Affordable Care Act (ACA)

♣ Employers with 50 or more full time employees required to offer health insurance benefits ♣ Small Businesses offering health benefits eligible for tax credits ♣ 50/30 rule: employers with 50 employees must provide insurance, and those failing to do so will be fined for each employee after the first 30 ♣ offering plan that costs more than 9.5% of income receive penalty ♣ employers fined for failing to provide benefits only if their employees receive a federal subsidy for insurance through health insurance exchange

Potential Section 1981 Claims

♣ Enacted in 1866 to protect the rights of freed slaves, prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts Employment often a contractual relationship, section 1981 can provide an alternative basis for a plaintiff's action and is potentially advantageous because it does not place a cap on damages

exceptions to employment at will doctrine

♣ Exceptions based upon contract theory • Express-breach of contract • Implied employment contract—breach of contract • Manual, oral promises • Implied covenant of good faith-if fired for arbitraty/unjustified reasons, violation of ICGF ♣ Exceptions based on tort theory • Fraud • Intentional infliction of emotional distress/defamation ♣ Exceptions based on public policy • Most common • Whistleblower

Private Pension Plans

♣ Federal employee retirement income security act establishes standards for the management of employer-provided pension plans

Harassment by supervisors

♣ For employer to be held liable for a supervisor's sexual harassment, supervisor must have taken a tangible employment action against the employee ♣ Only a supervisor or another person acting with the authority of the employer can cause this injury

H-1B Visa Program

♣ For specialty occupations ♣ Need a sponsoring employer ♣ BS degree or higher ♣ Work only for sponsoring employer -can stay for 3-6 years ♣ Recipients include many high tech workers, computer programmers, and electronic specialists. ♣ Max of 65,000 set aside each year ♣ Melania Trump got here with this

E Visa

♣ Foreign investors/entrepreneurs

Medicare

♣ Government health insurance program for people 65 years old and older and some people who are younger and disabled ♣ 2 parts: • hospital costs -nonhospital medical costs ♣ Additional coverage options • Can get additional coverage options and a prescription drug plan • Pay small monthly premiums ♣ Tax contributions • No cap on amount of wages subject to its tax • 2.9% rate • usually contribute half of social security rate and half of medicare rate and employer pays the rest

Effective anti discrimination program/remedial action

♣ Helps when company is accused of discrimination

Bona fide occupational qualification

♣ Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion, but not race. ♣ Courts have generally restricted this defense to just gender being essential to the job

Undue hardship under ADA

♣ If employer does not accommodate, must prove that accomodations demonstrate undue hardship in terms of being significantly difficult or expensive for the employer ♣ Decided on case by case basis

Equal Employment Opportunity Commission

♣ Monitors compliance with title VII and violations

State laws on layoffs

♣ NY requires 90 day notice ♣ State laws can be more protective of employees ♣ Some states lower the threshold number of employees to trigger the notice

the immigration Act

♣ Placed caps on the number of visas that can be issued to immigrants each year ♣ Temporary visas set aside for workers considered as "person of extraordinary ability", members of the professional holding advanced degrees, or skilled workers and professionals ♣ Lawful permanent resident (LPR) (Green Card) ♣ To hire; employer must submit a petition to ICE ♣ Each visa for specific job ♣ Legal limits on employee's ability to change jobs once in US

pool of applicants

♣ Plaintiff can prove disparate impact by comparing the employer's workforce to the pool of qualified individuals available in the local labor market ♣ Must show that: • ------As a result of educational or other job requirements or hiring procedures • ---The percentage of nonwhites, women, or members of other protected classes in the employer's work force • ----Does not reflect the percentage of that group in the pool of qualified applicants ♣ If can show connection between practice and disparity, made out prima facie case and need not provide evidence of discriminatory intent • Employer needs to show practices, procedures, standards have substantial and reasonable qualifications to the job

Proving constructive discharge

♣ Plaintiff must present objective proof of intolerable working conditions, which the employer knew or had reason to know about yet failed to correct within a reasonable time period ♣ Causation-employer's discrimination caused working conditions to be intolerable

Genetic Information Nondiscrimination Act (GINA)

♣ Prevents improper use of genetic information in employment and health insurance ♣ Employers cannot make decisions about hiring, firing, job placement, or promotion based on results of genetic testing -Prohibits group health plans and insurers from denying coverage or charging higher premiums based solely on genetic predisposition to developing a specific disease in the future

The Consolidated Omnibus Budget Reconciliation Act (COBRA)

♣ Prohibits an employer from eliminating a workers medical, optical, or dental insurance on the voluntary or involuntary termination of the worker's employments ♣ Former employee pays premiums under COBRA ♣ Employers must inform employee of COBRA's provisions when faced with termination or reduction of hours that effect their eligibility for coverage under the plan ♣ Workers fired for gross misconduct are excluded from protection ♣ Employer that does not comply faces tax penalties or $500,000, whichever is less

Employee Polygraph Protection Act

♣ Prohibits employers from requiring employees or job applicants to take lie detector tests or suggesting or requesting that they do so ♣ Restricts employers ability to use or ask about the results of any lie detector test or take any negative employment action based on the results ♣ Federal, state, and local government, and certain security service firms exempt ♣ Companies that make and give out controlled substances exempt ♣ Allowed when investigating theft, embezzlement and theft of trade secrets

Age Discrimination in Employment Act (ADEA)

♣ Prohibits employment discrimination on the basis of age against individuals forty years of age or older. Procedures for bringing a case under the ADEA are similar to those for bringing a case under Title VII ♣ Act also prohibits mandatory retirement for nonmanagerial workers ♣ For acts to apply; employer must have 20 or more employees and the employer's business activities must affect interstate commerce. • EEOC administers ADEA but act also permits private causes of action against employers for age discrimination o Protects federal and private sector employees from retaliation based on age related complaints

Remedies for harassment under Title VII

♣ Reinstatement ♣ Retroactive pay/retroactive promotion ♣ Damages ♣ Compensatory damages if intentional ♣ Punitice damages id employer acted with malice, reckless indifference Limit $50k for small emplyers, $300k for larger employers

Family and Medical Leave Act (FMLA)

♣ Requires employers with 50 or more employees to provide employees with up to 12 weeks of unpaid leave during any 12 month period for family and medical reasons ♣ States also have FMLA state statutes ♣ Employees have to work for employer for over a year to qualify ♣ Covers close family members, newborn, adopted and foster children, spouse, parents ♣ More time for military people ♣ If spouse gets called for military get time off ♣ Employer must continue health insurance Job will be waiting for you when you get back

NLRB v. Roundy's Inc

♣ Roundy's Inc is a chain of stores in Wisconsin. Was in a dispute with a local construction union and union members started putting up extremely unflattering flyers outside the stores and Roundy's ejected them from the property. NLRB filed a complaint for unfair labor practices. Roundy's violated law by discriminating against the union.

State employees not covered by ADEA

♣ States immune from lawsuits brought by private individuals in federal court unless state consents to the suit ♣ Immunity stems from US Supreme Court's interpretation of the 11th amendment ♣ Immunity not absolute • In some situations, such as when fundamental rights are at stake, congress has power to abrogate state immunity to private suits through legislation that unequivocally shows congress's intent to subject states to private suits ♣ State employees immune from private suits brought by employees under ADEA, Americans with Disabilities Act, and the Fair Labor Standards Act. ♣ Not immune from requirements of Family and Medical Leave Act

Roberts v. Mikes Trucking LTD

♣ Teresa Roberts worked for Mikes Trucking Ltd in Columbus OH. Her supervisor Mike Culbertson owned the company. Roberts said that he called her his sexretary and frequently talked about his sex life. He invited her to sit on "Big Daddy's" lap and rubbed against her, trapped her at the door, asked for hugs and kisses, and inquired if she needed help in the restroom. Roberts asked him to stop and he wouldn't. She started suffering anxiety attacks and high blood pressure. Roberts filed suit against him alleging a hostile work environment through sexual harassment violation of Title VII, jury sided in her favor, Mike's trucking appealed. Appelate court affirmed lower court's judgement in robert's favor. Substantial and sufficient evidence to support the jury's finding that a reasonable person would find Culbertson's conduct create a hostile environment and Roberts found the conduct to be sufficiently severe or pervasive to affect her employment. Roberts fiancé and employees corroborated her account. Witnesses confirmed that Culbertson engaged in innapropriate conduct. They also affirmed that she became less productive, didn't want to go to work, and suffered anxiety attacks.

Unemployment Insurance

♣ The federal unemployment tax act (FUTA) created a system that provides unemployment compensation to eligible individuals Employers are taxed to cover the costs. • Federally funded but state administered

Sexual orientation harassment

♣ Title VII does not prohibit discrimination or harassment based on a person's sexual orientation • Number of states have made laws and policies though ♣ Boy Scouts and NFL have changed their policies to allow members who are openly gay

to qualify for unemployment

♣ worker must be willing and able to work ♣ Workers who have been fired or voluntarily left their job are not eligible to benefits ♣ Must be actively seeking a job ♣ Temporary measures, allow benefits to some who are pursuing additional education and training