CRR Test 2

It is recommended that all workplace policies regarding employee monitoring should:

Be clearly defined and adequately documented. •Explicitly outline how and what will be monitored. •Require a written acknowledgment by employees. •Clarify that there is little or no expectation of privacy when using company property. •Clearly state that there'll be no gathering of data unrelated to work performance. •Set restrictions on the disclosure of personal data to third parties.

Some investors believe that environmental, social, and governance criteria have a practical purpose beyond any ethical concerns.

By following ESG criteria investors may be able to avoid companies whose practices could be a risk factor—as evidenced by BP's 2010 oil spill and Volkswagen's emissions scandal, both of which rocked the companies' stock prices and resulted in billions of dollars in associated losses

Proving Age Discrimination

Disparate treatment or disparate impact. Inference of discrimination raised if qualified member of protected class is replaced by younger worker.

task group loyalty

Employees working within a group may feel pressured not to report wrongdoing by group members because of loyalty to the group or fear of punishment by the group

Age Discrimination in Employment Act of 1967

Employers with 20 or more employees, Employment agencies and Unions may not discriminate against employees that are aged 40 or older based on age.

Transparency and flexibility are always good practices.

Establishing business goals from the outset is fundamental. Setting clear and well-defined policies in place and bringing employees up to speed will have a profound impact on company health and steer the company in the right direction. • •Various state laws include more limitations and restrictions

only ___ % of a sample of business a manger maintained the same moral philsophy in both work and non work ethical decision making

15

medicare: self employed

2.9% on all earnings

more than ___ employers use some sort of electronic monitoring of employees

2/3

Defenses to Equal Pay Act of 1963

A bona fide seniority system A bona fide merit system A pay system based on quality or quantity of output Any factors other than sex

english fluency

A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.

Bona Fide Occupational Qualification (BFOQ)

Allows employer to discriminate in hiring on basis of gender, religion, or national origin (but not race/color) when doing so is "reasonably necessary" for performance of job

ex of reasonable accommodation

An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office.

accent discrimination

An employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance.

Reasonable Accommodation

An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. To request accommodation, an individual need not mention the ADA or use the phrase reasonable accommodation

statutory defenses of age discrimination

BFOQ seniority systems executive exemption after acquired evidence of misconduct

Concerns about climate change impacts and global energy and water supplies are transforming the legal environments in which businesses operate. Therefore,

There is a growing body of standards, regulations, reporting and disclosure obligations, and corporate shareholder-led initiatives promoting or requiring the adoption of sustainable practices by business and industry

medicare :no income cap

There is no limit to the wages subject to the Medicare tax; therefore, all covered wages are still subject to the 1.45% tax. As in 2019, wages paid in excess of $200,000 in 2020 will be subject to an extra 0.9% Medicare tax withholding that will only be withheld from employees' wages, as employers do not pay the extra tax.

Praising A and Rewarding B

There is often ambiguity about priorities in that a company may expect legal compliance and ethical behavior but have no mechanisms for rewarding conduct in either its evaluation or compensation systems. Behavior that gets the job done may be rewarded while legal practices and ethical conduct are only discussed.

bostock vs clayton city dissent

There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on any of five specified grounds: "race, color, religion, sex, [and] national origin."Neither "sexual orientation" nor "gender identity" appears on that list. For the past 45 years, bills have been introduced in Congress to add "sexual orientation" to the list, 1Link to the text of the note and in recent years, bills have included "gender identity" as well. But to date, none has passed both Houses."

Giving yourself too much credit

Thus companies and individuals within companies may be willing to engage in illegal or unethical behavior in order to continue to operate because of an exaggerated sense of their own importance to the marketplace or to their company.

ECPA amended

Several subsequent pieces of legislation, clarify and update the ECPA to keep pace with the evolution of new communications technologies and methods, •General Provisions. The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The Act applies to email, telephone conversations, and data stored electronically.

is it legal to monitor private messages and email content?

•Yes. In the U.S., this is legal in a few instances. This depends on whether a private email or message has been sent or received on the employer's equipment or network. •If it was sent on a personal device, employers may, in this case, monitor it if there is a policy in place. As long as there are set policies such as (BYOD). (Bring your own device) policies in favor of monitoring the use of employee personal devices for work-related reasons, the law permits the monitoring. On the other hand, the law also prevents the employer from monitoring private messages and private email accounts that are password protected without the employee's consent.

•The ADA Amendments Act includes other changes to the ADA such as:

•expansion of the definition of a "major life activity"; •noting that an impairment that substantially limits one major life activity doesn't have to limit other major life activities to be considered a disability; •clarifying that impairments that are episodic or in remission are considered a disability if they would substantially limit a major life activity when active; •Overturning the Sutton standard by specifying that determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of listed mitigating measures.

video monitoring

U.S. federal laws permit the use of video monitoring systems in the workplace as long as there is a legitimate business purpose for doing so. However, there are areas where the use of video monitoring systems is prohibited. States such as California, New York, and West Virginia have laws restricting the use of video monitoring systems in restrooms, locker rooms, and certain areas where it is rational to expect privacy. Also, an employer is obliged to notify employees and obtain consent. According to federal wiretap laws in two-party states, video recordings must not include audio.

strict line of command

a "one over one" command structure with no access to managers higher up the chain of command prevents employees from reporting wrong doing by their managers

disparate impact

a facially neutral policy or practice that has a discriminatory impact on a protected class plaintiff must show statistically that the rule disproportionately restricts employment opportunities for a protected class burden then shifts to employer to show there is a business necessity for the practice but plaintiff can still win by showing the business necessity is a pretext

tangible employment action

a significant change in employment status usually (not always) results in economic injury bc it relates to matters such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a significant change in benefits

obedience

a substantial proportion of people do what they are told to do, irrespective of the content of the act and without limitations of conscience, so long as they perceive that the command comes from a legitimate authority

language discrimination

accent discrimination english fluency english only rules

disability

ada defines it as a physical or mental impairment that "substantially limits one or more of major life activities" or a record of such impairment or being regarded as having such an impairment determination is decided on a case by case basis

Corporate Social Responsibility (CSR)

aka corporate citizenship business model that hellps a company be socially accountable- to itself its shakeholders and the public

Consolidated Omnibus Budget Reconciliation Act (COBRA)

allows terminated workers to stay on employers health insurance policy for up to 18 months (29 for disabled workers) applies to family members employees must pay the premiums applies to employers with 20 or more employees in the prior year

same-sex harassment

also violates title VII

sexual harassment

although title VII does not specifically mention sexual harassment as a form of sex discrimination, the US supreme court has interpret Title VII's prohibition against sex discrimination to include a prohibition against sexual harassment

organizational structures that block ethical conduct

ambiguity ab priorities separaation of policy decisions from implementation strict line of command strong role models division of work (isolation of employees) task group loyalty protection from outside intervention believing your own story too much giving yourself too much credit circling the wagons and demonizing critic praising a and rewarding undervaluing the public good

tipping with the FLSA

an employer of a tipped employee is only required to pay 2.13 an hour in direct wages if that amount plus tips received equals at least the federal minimum wage

clear priorities/instructions

anderson employees who were told to follow the law but to shred "excess" documents may have felt pressure to widen their view of what was really "excess" in order to protect the comapny and their own jobs from another auditing failure when Bausch and Lomb managers were told to "make the numbers but dont do anything stupid! " they may have gotten the message that it would be stupid not to make the numbers by whatever means because that was would be measured and rewarded

a reasonable religious accommodation is

any adjustment to the work environment that will allow the employee to practice his/her religion ex; flexible scheduling, voluntary substitutions or swaps, modifying workplaces practices, policies, and/or procedures, job reassignments and lateral transfer

rule of thumb: employee privacy rights

anything an anything an employee does on their work computer can be accessed by their employer especially, if there is a well defined and documented workplace policy

Americans with Disabilities Act of 1991 application? covered indivduals?

applies to all employers with 15 or more employees persons with certain diseases, mental disabilities, employees recovering from alcoholism and drug addiction

Civil Rights Act of 1964, specifically Title VII

applies to employers with 15 or more employees, unions, and employment agencies prohibits discrimination in employment based on race, religion, sex, national origin, and color

moral dynamics

appreciation of human nature understanding of the power of the environment/situation on human choices knowledge of how humans are motivated to do good and to do evil

volunteering

attending volunteer events a lot about a company's sincerity by doing good deeds without expecting anything in return, companies can express their concern for specific issues and commitment to certain organizations

statuatory defenses to title VII

bona fide occupational qualificiation merit seniority systems

environmental efforts (CSR)

businesses, regardless of size, have large carbon footprints. Any steps they can take to reduce those footprints are considered good for both the company and society

Ethical labor practices

by treating employees fairly and ethically companies can demonstrate their social responsibility this is true especially true of business that operate in international locations with labor laws that differ from those in the United States

Philanthropy (CSR)

can practice csr by donating money, products, or servies to scial causes and nonprofits larger companies tend to have a lot of resources that can benefit chairiteis and local community programs. It is best to consult with these organizations about their specific needs before donating

generally can take leave for (FMLA)

care for a newborn baby care for newly adopted child serious health condition of employee or family member

Seven core subjects of CSR

community involvement and development consumer issues fair operating practices the environment labor practices human rights organizational governance

circling the wagons and demonizing critic

companies may react to any criticism from outside as a threat to the continued existence of the company

national institute for occupational safety

conducts research and recommends standards to OSHA

environmental criteria

consider how a company performs as a steward of nature

Sustainability

consists of the triple bottom line (social, environmental, and economic concern) is how businesses are distinguinshing themselves from their competition and strategically positioning themselves for the future

laws procteting employee

consitutional and tort law electronic communications privacy act (ECPA)

according to fmla, employers must

continue health care coverage during leave guarantee employment in same or comparable position when employee returns

Society's belief that the current political system often allows corporate money to influence the writing and enforcement of the laws for

corporate benefit rather than to the benefit of society.

modern view

corporation is a collection of interests working together for the purpose of producing goods and services at profits considering not only shareholders, but other constituencies, such as employees, customers, community, suppliers, and the like

FLSA: Overtime

covered nonexempt employees must receive overtime pay for hours worked over 40 per week (any fixed and regularly recurring period of 168- seven consecutive 24 hour periods) at a rate not less than 1.5 times the regular rate of pay here is no limit on the number of hours employees 16 years old and older may work in any workweek the flsa does not require overtime pay for work on the weekends, holidays, or regular days of rest, unless overtime is worked on such days

an employer is always liable for harassment by a supervisor that

culminates in a tangible employment action no affirmative defenses is available in such cases

governance criteria

deals with a company's leadership, executive pay, audits, internal controls, and shareholders rights

flsa: below age 14

deliver newspaper, entertainment, agriculture, parents

To establish a case for BFOQ, the employer must

demonstrate that the discriminatory criteria is sufficiently related to the job in question and that its a necessity for the general operation of the business - where it is necessary for the purpose of authenticity of genuineness (model actor etc) -or maintaining conventional standards of sexual privacy (locker room attendant, intimate apparel fitter)

Sustainability is built on the assumption that

developing such strategies foster company longevity

ex of disparate treatment

direct discrimination unequal treatment decision rules with a racial/sexual premise intentional discrimination prejudiced actions different standards for different groups

exclusions to worker's compensation laws

domestic workers agricultural workers temporary workers employees of common carriers

child labor: state laws vs FLSA

each state has its own laws relating to employment, including employment of minors if state law and the flsa overlap, the law which is more protective of the minor will apply

workmen's compensation is an employees exclusive remedy

employee may not sue employer for negligence

Online Harassment

employees can create hostile work environment using chat, emial to spread racial and sexual jokes and slurs employers can avoid liability with prompt remedial action employees may be discharged for using company computers to distribute offensive material to coworkers

protection from outside intervention

employees may hesitate to report wrongdoing within the company for the fear that an internal investigation of the incident may be leaked to the outside and cause harm to the company

believing your own story too much

employees may justify departures from law and ethics because of the good that the company is doing enron's belief that they were totally redesigning the way energy and other commodities were sold for the great benefit of these markets may have led employees to overlook their methods of financing these operations

Family and Medical Leave Act (FMLA)

employer with fifty or more employees must allow up to twelve weeks of family or medical leave during any twelve month period

Recordkeeping

employers must display an official poster outlining the requirements of the FLSA employers must also keep employee time and pay records

employment at will doctrine

employment for an indefinite term is terminable at will by either party employees without a contract for a term of years can be terminated at any time for any reason employees can quit at any time for an reason

requirements for receiving benefits (workers comp laws)

employment relationship accidental injury injury occurred on the job or course of employment (does not cover commuting)

types of CSR

environmental efforts, philanthropy, ethical labor practices, volunteering

ESG

environmental, social, and governance criteria are a set of standards for a company's operations that socially conscious investors use to screen potential investments these criteria are an increasingly popular way for investors to evaluate companies in which they might want to invest.

Fair Labor Standards Act (FLSA)

establishes minimum wage, overtime pay, recordkeeping, nd youth employment standards affecting employees in the private sector and in Federal, State, and local governments

Social Criteria

examines how it manages relationships with employees, suppliers, customers, and the communities where it operates

FLSA exemptions of overtime pay

executive, administrative professional salesperson

FLSA: Minimum Wage

federal minimum wage is $7.25 per hour effective July 24 2009 Many states however have minimum wage laws in cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage

undervaluing the public good

for example, two managers at one large timber company shared the mindset that a tree only had value when it was converted into pulp or board feet this perspective became part of the corporate culture and was displayed repeatedly in various public forums that a tree or a stand of trees that could have aesthetic value, or could help prevent erosion on a mountainside, or could help in the oxygen cycle did not rise to the level of expression for them the same managers, however, seemed shocked when their company was chosen as the target for an environmental campaign

US employee monitoring laws

give employers a considerable amount of rights to monitor the activities of their employees a workplace devices... must be backed up with valid business reasons

when a supervisor takes a tangible action with respect to a subordinate

he or she is exercising authority delegated by the employer company and the company is automatically responsible for how that authority is exercised

occupational safety and health review comission

hears appeals of OSHA enforcement of OSHA enforcement actions

Hospital Insurance (medicare part a)

helps pay for impatient care in a hospital or skilled nursing facility (following a hospital stay) some home health care and hospice care

medical insurance (medicare part b)

helps pays for doctors services and many other medical services and supplies that are not covered by hospital insurance

two forms of recogonized sexual harassment

hostile working environment quid pro quo

strong role models

if job training comes primarily from those already performing that function, new employees may be taught that there are no alternatives to illegal or unethical means to get the job done. Company values and alternative methods may not be learned ex: New hires in the turbine division at G.E. were taught that price fixing was the only way to meet sales goals. n130 The fact that Andersen did not rotate its auditors may have meant that those working on the Enron account were given a significant amount of their training by the one partner who managed the account

employment at will doctrine exceptions

implied contract exceptions (advertising the position, employment manual) public policy exception (whistleblowing, jury duty or miltary service, filing workers' compensation claim, refusal to take a lie dectors test) implied covenant of good faith and fair dealing (implicit understanding the parties will fairly with each other)

Social Mandates for Business

in the 11980s, "stakeholder" language began to recognize the concerns of society that hostile takeovers not harm the workers and the communities, and that corporate decision makes acknowledge other constituencies that contribute to corporations

Disparate Impact

indirect discrimination unequal consequences or results decision rules with racial/sexual consequences unintentional discrimination neutral, color blind actions same standards but different consequences for different groups

Successful businesses today seek to create long term value, reduce risk , and enhance citizenship by

integrating sustainability measures into their core operations

socially responsible investing

investing in companies that have met criteria for environmental or social sustainability (or governance) Many mutual funds and brokerage firms, now offer products that employ ESG criteria. ESG criteria can also help investors avoid companies that might pose a greater financial risk due to their environmental practices

corporate objective traditional view

objective of business corporation is to enhance corporate profits and shareholder gain

enforcement agencies of occupational safety and health act

occupational safety and health administration (OHSA) national institute for occupational safety occupational safety and health review commission

hostile working environment

occurs when the workplace is permeated with discriminatory intimidation, ridicule, insult created by a boss or coworkers whose actions, communications and /or behavior are so severe as to alter the terms and conditions of the victim's employment the conduct in the workplace must be offensive to a reasonable person as well as to the victim, and it must be severe and pervasive

ex of hostile working conditions

offensive jokes insults slurs name calling touching, physical assaults and threats intimidation, ridicule, and mockery interference with work performance use of sexual language sexually suggestive objectives or pictures

Disparate Treatment

one indivudal treated less favorably because of color, race, religion, national origin and sex... direct discrimination platniff must prove discriminatory motive prima facie case

a company engaging in CSR

operates in ways that enhance society and the environment positively by being socially accountable-to itself, its stakeholders, and to the public

FLSA - Hours worked

ordinarily include all the tie during which an employee is required to be on the employer's premise, on duty, or at a prescribed workplace

Occupational Safety and Health Administration (OSHA)

part of department of labor promulgates standards/ conducts inspections

Group pressure

people act differently when they are in groups rather when they are not most people admit using a different set of moral values than they use at home

Equal Pay Act of 1963

prevents wage discrimination based on gender to remedy situations where women were paid less then men for doing the same job

child labor limitations

prohibits employment of a minor in work declared hazardous by the secretary of laor (ex: excavation, driving, etcpower driven equipment) FLSA contains it a number of requirements that apply only to a particular type of job and many exceptions to the general rule

Workers' Compensation Laws

provides compensation for workers injured on the job covers most exclusions

Medicare

provides health insurance benefits for individual benefits for individual sixty five and over and for some under sixty five who are disabled two parts of medicare help pay for different kinds of health care costs : hospital and medical insurance

employers may not treat employees or applicants less or more favorably bc of their religious beliefs and practices... they must

reasonably accommodate employees sincerely held religious beliefs or practices unless doing so would impose an undue hardship on the employer

employee recovers benefits

regardless of fault

occupational safety and health act (1970)

requires employers to keep workplace safe and comply with certain specific standards to ensure a safe and healthful working environment has enforcement agencies

Americans with Disabilities Act (ADA)

requires employers to offer reasonable accommodation to employees or applicants with a disability who are otherwise qualified for the job they hold or seek duty of reasonable accommodation ends at the point at where it becomes an undue hardship

ex of undue hardships bc of religious accommodations

requires more than ordinary administrative costs diminishes efficiencies in other jobs infringes on other employees' job rights or benefits impairs workplace safety causes coworkers to carry the accommodated employee's share of potentially hazardous or burdensome work

continuous strengthing of corporate governance

respect for human resources (people) contributions to society (society) contributions to the global environment (environment)

social security provides for

retirement benefits survivors benefits disability insurance

prima facie case what is required to prove?

sees if possible that discrimination occurred... plaintiff is within a protected class plaintiff applied for a job or promotion plaintiff possessed minimum qualifications plaintiff was denied the job or promotion

Child Labor (FLSA)

these provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or wellbeing sets wages, hours worked, and safety requirements for minors working in jobs covered by the statue

employers may also be liable for harassment by non-employees if

they know or shouldve known about the problem and failed to take immediate and appropriate corrective action

corporate objective

traditional vs modern view

FLSA state vs fed (hours and wages)

when an employee is subject to both the federal and state laws, the employee is entitled to the provisions of each law which provide the greater benefits

ambiguity about priorities

when employees are not sure how high a priority the company attaches to acting legally and ethically, especially when those principles conflict with productivity and short-term profits, they may feel **pressure to fulfill the measurable or "hard criteria" at the expense of following the "soft criteria" of law and ethics

separation of policy decisions from implementation

when this connection does not exist, managers may unwittingly make policies that require illegal or unethical action to implement exxon's upper managers' cost cutting goals may have pressured field managers to seek the lowest cost disposal of hazardous wastes in spite of potential harm to local residents keeping the revenues generated by enron's consulting contracts may have pressured Andersen auditors to look the other way at questionable partnerships

sometimes an employee may complain about harassment but then ask managers not to take any action, perhaps out of fear that the workplace environment will be posioned by an investigation. However...

while it may be tempting to honor this no action request, once managers are notified of harassment they have no choice but to address it appropriately

an employee is not required to accommodate an employee's religious beliefs and practices if doing so

would impose an undue hardship on the employer's legitimate business interests

examples of practices that may be subject to disparate impact challenge include

written tests height/weight requirements educational requirements

Milgram's ethical conclusion

"the social psychology of the century reveals a major lesson; often it is not so much the kind of person a man is as the kind of situation in which he finds himself that determines how he will act"

medicare : employee/employer

(each) 1.45% on all earnings

justifiable English only rules

***key is business necessity*** policies that are needed to promote the safe of efficient operation of the employer's business communication with customers, coworkers, supervisors who only speak English emergencies in which workers must speak a common language for safety reasons cooperative assignments in which the use of a common language is needed for efficiency

if there is no tangible employment action, the employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements

1. the employer exercised reasonable care to prevent and correct promptly any harassing behavior (by establishing and distributing harassment policies and procedures).... must have an ENFORCe the policy... not enough to simply adopt a written policy 2. the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise

ECPA has several exceptions to the application of the prohibition of interception of electronic communications

1. where one party consents 2. where the provider of the communication service can monitor communications 3. where the monitoring is done in the ordinary course of business

griggs vs duke power company question? decision?

Did Duke Power Company's intradepartmental transfer policy, requiring a high school education and the achievement of minimum scores on two separate aptitude tests, violate Title VII of the 1964 Civil Rights Act? Yes. After noting that Title VII of the Act intended to achieve equality of employment opportunities, the Court held that Duke's standardized testing requirement prevented a disproportionate number of African-American employees from being hired by, and advancing to higher-paying departments within, the company. Neither the high school graduation requirement nor the two aptitude tests was directed or intended to measure an employee's ability to learn or perform a particular job or category of jobs within the company. The Court concluded that the subtle, illegal, purpose of these requirements was to safeguard Duke's long-standing policy of giving job preferences to its white employees.

Division of work

Dividing tasks by specialization or geographical division may generate efficiency, but it also may prevent employees from reporting suspected wrongdoing in other divisions because employees in one division may not fully understand what goes on in another, they may be reluctant to report perceived wrongdoing for fear of looking foolish an employee may report to someone in his/her division who does not feel responsible for what happens in other divisions and discourages reporting the perceived violation

Social Security's Old-Age, Survivors, and Disability Insurance (OASDI) program limits the amount of earnings subject to taxation for a given year. The same annual limit also applies when those earnings are used in a benefit computation. This limit generally increases each year with increases in the national average wage index. We call this annual limit the contribution and benefit base

For earnings in 2020, this base is $137,700. The OASDI tax rate for wages paid in 2020 is set by statute at 6.2 percent for employees and employers, each. Thus, an individual with wages equal to or larger than $137,700 would contribute $8,537.40 to the OASDI program in 2020, and his or her employer would contribute the same amount. The OASDI tax rate for self-employment income in 2020 is 12.4 percent.

International Organization for Standardization (ISO)

In 2010, ISO released a set of voluntary standards meant to help companies implement CSR

Bostock vs Clayton city

In each of these cases, an employer allegedly fired a long-time employee simply for being homosexual or transgender. violated bc it was impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex an employer who discriminated on these grounds inescapably intended to rely on sex in its decision making; achieving the employer's ultimate goal of discriminating against homosexual or transgender employees; As enacted, Title VII prohibits all forms of discrimination because of sex, however they may manifest themselves or whatever other labels might attach to them.

in terms of harassment policies...

It is not enough to simply adopt a written policy. Many courts have recognized that employers must educate their workers about the policy, such as by conducting periodic training for managers and rank-and-file employees And employers must promptly and objectively investigate complaints of harassment and take appropriate action if the complaint is found to be justified

Is it required to inform employees of the monitoring?

Maybe: This is required in two U.S. states. Since the laws in the United States vary, states like Connecticut Gen. Stat.§ 31-48d and Delaware Del. 6 Code § 19-7-705, require employers to notify their staff about the use of monitoring software beforehand. While in other states, it is completely legal for employers to monitor their employees without consent. Also, most privacy laws give employers discretion regarding how far they can go with employee monitoring software

Professor Stanley Milgram, Behavioral Study of Obedience

Milgram discovered that a simple white lab coat and an instruction that "[t]he experiment requires that you go on" were sufficient to get subjects to apply increased doses of electricity to supposedly suffering human subjects. took 40 males (ages 20-50) and had them join an experiment Milgram said it was a memory test and the volunteers had to administer electric shocks when a wrong answer was given... person behind screen was an actor The shocks increased gradually from 15 to 450 volts (enough to kill someone) A man in white coat ordered the participants to continue with the experiment when they waivered

ECPA background

The Electronic Communications Privacy Act and the Stored Wire Electronic Communications Act are commonly referred together as the Electronic Communications Privacy Act (ECPA) of 1986. The ECPA updated the Federal Wiretap Act of 1968, which addressed interception of conversations using "hard" telephone lines but did not apply to interception of computer and other digital and electronic communications.

exceptions videomonitoring

While it appears that federal law may prohibit employers from monitoring personal devices (laptops, tablets, phones). As long as there are set policies such as (BYOD). Bring your own device policies in favor of monitoring the use of employee personal devices for work-related reasons, the law permits the monitoring

Griggs v. Duke Power Co 1971 background

Willie Griggs filed a class action, on behalf of several fellow African- American employees, against his employer Duke Power Company . Griggs challenged Duke's "inside" transfer policy, requiring employees who want to work in all but the company's lowest paying Labor department to register a minimum score on two separate aptitude tests in addition to having a high school education. Griggs claimed that Duke's policy discriminated against African-American employees in violation of Title VII of the 1964 Civil Rights Act. On appeal from a district court's dismissal of the claim, the Court of Appeals found no discriminatory practices. The Supreme Court granted certiorari. (34 percent of white males in the state had completed high school while only 12 percent of African American males had done so, and defendant did not demonstrate a link between high a school diploma and job performance.)

according to the ecpa, if an employer provides a computer...

it is company property, and generally, an employer is allowed to monitor all activities employees carry out in it includes but not limited to stored documents/files, downloads, internet usage, and active/idle time additionally company devices used to outside the workplace can be monitored as well Any email an employee sends or receives on a company system (business-related or private emails) is the employer's property and can be accessed or viewed by the company at any time

flsa ages 16-18

may work in nonhazardous occupation no permit or limitations

flsa ages 14 and 15

may work in nonhazardous occupations sbject to numerous limitations many states require permit

flsa: child labor minimum working age? limitation of numbers of hours worked?

must be 14 to start working limits numbers of hours worked by minors under age of 16

english-only rules

must be adopted for nondiscriminatory reasons may only be used if is needed to promote the safe or efficient operation of the employer's business

social security retirement benefits

no matter what your full retirement age is (67) you may start receiving benefits as early as age 62 you can also retire at any time between age 62 and full retirement age, but your benefits are reduced a fraction of a percent for each month before your full retirement age as a general rule early retirement will give you about the same SS benefits over your lifetime but in smaller amounts to take into account the longer period you will receive them

electronic communications privacy act of 1986 (ECPA)

sets out the provisions for access,use, disclosure, interception and privacy protections of electronic communications electric communications "means any transfer of signs, signals, writings, images, sound, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects interstate or foreign commerce" only federal law that directly governs the monitoring of electronic communications in the workplace

equal work is work that requires equal

skill effort responsibility working conditions

comprehensive def of sustainability

sustainability is a business apppraoch to creating long term value by taking into consideration how a given organization operates in the ecological social and economic environment

If an employee with a disability can perform the job with reasonable accommodation, without undue hardship on the employer then

the accommodation must be made. Examples: wheelchair ramps, raised desks flexible working hours, improved training materials.

an employer is liable for hostile work environment harassment by employers who are not supervisors only if

the alleged victim can prove the employer was "negligent in failing to prevent harassment from taking place" the court will look to such factors as the nature and degree of authority wielded by the harasser and evidence the employer did not monitor the workplace, failed to respond to complaints, failed to provide a system for registering complaints or effectively discouraged complaints from being filed

if plaintiff makes prima facie case then

the burden shifts to the employer to show a nondiscriminatory business reason for rejecting the plaintiff

good people will do bad things when

the business in which they work, threatens their welfare unless that act illegally or unethically, or conditions rewards on illegal or unethical actions

employer generally liable for harassment by coworkers if

the employer knew or should've known and failed to act

because social mandates do change, following the law is not always enough to keep businesses out of trouble with the community

the law does not usually change quickly enough to reflect the current expectations of society

If more than one accommodation is effective

the preference of the individual with a disability should be given primary consideration. However, the employer providing the accommodation has the ultimate discretion to choose between effective accommodations