EMPLOYMENT LAW EMPLOYMENT LAW n n Employment At

EMPLOYMENT LAW

EMPLOYMENT LAW n n Employment At Will Doctrine Labor Law Civil Rights Labor Standards

EMPLOYMENT AT WILL Default Position n Fire For Any Reason Or No Reason n Not For Cause n

EMPLOYMENT AT WILL Exceptions: n Just Cause Clause n ä Union Contracts Exceptions: Wrongful Discharge Action n Public Policy Exception n – Refusal To Violate – Clear Expression Of Public Policy n Statute

LABOR LAW Collective Bargaining n National Labor Relations Act n ä 1935 Wagner Act Labor Management Relations Act (1947 - Taft-hartley) n Labor Management Reporting And Disclosure Act (1959) n

LABOR LAW NLRB n Protects Concerted Activity n Conducts Elections n PREVENTION OF UNFAIR LABOR PRACTICES (Ulps) n ä Employer ä Union

LECHMERE CASE Union Organizers On Private Property At A Retail Store Parking Lot n Told To Leave n Is This Protected Conduct n Balance Property Rights With Right To Organize n

EMPLOYMENT DISCRIMINATION LAW CIVIL RIGHTS ACT OF 1964 n Race, Sex, Color, National Origin And Religion n EEOC n PROOF OF DISCRIMINATION n ä Legal n Theories DISPARATE TREATMENT ä Treating People Differently

DISCRIMINATION LAW n DISPARATE IMPACT ä Facially Neutral Policies ä Discriminatory Effect n 4/5 ths RULE ä Whites Hired At 40% Of Applicants ä Blacks Hired At 30% Of Appeals ä (40% X 80%)= 32% [ADVERSE IMPACT]

DISCRIMINATION LAW n PRESENT EFFECTS OF PAST DISCRIMINATION ä Seniority n Systems FAILURE TO REASONABLY ACCOMMODATE ä Religion n RETALIATION

GRIGGS CASE POWER CO. REQUIRED APPLICANTS TO PASS AN INTELLIGENCE TEST n At Least 50 Percentile n DISPARATE IMPACT n COURT: This Must Be Justified By Business Necessity n

DEFENSES BONA FIDE SENIORITY SYSTEM n BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ) n ä National Origin, Gender, Religion

REMEDIES REINSTATEMENT n BACKPAY n COMPENSATORY DAMAGES n ä Intentional Discrimination ä Pain And Suffering ä Punitive Damages ä Caps: $50, 000 - $300, 000 n JURY TRIAL AVAILABLE

AFFIRMATIVE ACTION Not Required n Government Contractors n Voluntary n Judicial Remedy n Generally: For Past Discrimination n

SEXUAL HARASSMENT Unwelcome And Unwanted n Sexual Nature n Submission Is A Condition Of Employment, Or n Unreasonably Interferes With An Individuals Work Performance n

SEXUAL HARASSMENT QUID PRO QUO n HOSTILE ENVIRONMENT n SAME SEX n INVESTIGATION SYSTEM n

MERITOR, p. 764 HOSTILE ENVIRONMENT n BY SUPERVISOR n ä NO NOTICE NEEDED ä COMPARED WITH CO-EMPLOYEE NO LOSS OF EARNINGS n MUST BE UNWANTED AND UNWELCOME n

AGE DISCRIMINATION AGE 40 AND OVER n NOT FOR YOUNGER PEOPLE n

HANDICAP DISCRIMINATION AMERICANS WITH DISABILITIES ACT n QUALIFIED PERSON WITH A DISABILITY n LIMITS A MAJOR LIFE ACTIVITY n

STATE LAW Sexual Orientation n Marital Status n Lawful Use Of A Lawful Substance Away From Work n

OSHA Worker Safety n Follow Standards n General Duty Clause n ä Keep Workplace Free Of ä Recognized Hazards Inspections n Reporting Process n

WORKERS COMP Compensation For Injury n Exclusive Remedy n

FAIR LABOR STANDARDS ACT Minimum Wage n Maximum Hours n Child Labor n Equal Pay Act n ä Sex Discrimination ä Equal Pay For Equal Work

WARN ACT Worker Adjustment And Retraining Notification Act n 100 Employees n Advance Notice (90 Days): n ä Mass Layoff ä Plant Closing n Defense: Loss Of Financing

FAMILY LEAVE 50 Or More Employee n 12 Weeks Of Leave n Within 12 Months n Birth Or Adoption n Serious Health Condition n