Employment law for business / Robyn Berkley, Southern Illinois University [and three others]; based on the earlier editions authored by Dawn D. Bennet-Alexander, University of Georgia, Laura P. Hartman, DePaul University
By: Berkley, Robyn [author]
Contributor(s): Daniels, Aquesha [author] | Zucker, Kiren Dosanjh [author] | Kaplan, David [author] | Bennett-Alexander, Dawn [author] | Hartman, Laura Pincus [author]
Language: English Publisher: New York, N.Y: McGraw Hill LLC, [2024]Copyright date: ©2024Edition: 2024 releaseDescription: xliv, 1012 pages : illustrations ; 29 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9781266878916Subject(s): Labor laws and legislation -- United States | Discrimination in employment -- Law and legislation -- United StatesGenre/Form: Casebooks (Law)DDC classification: 344.7301| Item type | Current location | Home library | Call number | Status | Date due | Barcode | Item holds |
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BOOK
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COLLEGE LIBRARY | COLLEGE LIBRARY SUBJECT REFERENCE | 344.7301 B4553 2024 (Browse shelf) | Available | CITU-CL-54313 |
Includes index
Chapter 1: The Regulation of Employment
Part 1
The Regulation of Employment
Introduction to the Regulatory Environment
Is Regulation Necessary?
Who Is Subject to Regulation?
Origins in Agency Law
Why Is It Important to Determine Whether a Worker Is an Employee?
The Definition of “Employee”
Contingent or Temporary Workers
Interns, Trainees, and Volunteers
Joint Employers and Staffing Firms
Defining “Applicant”
The Definition of “Employer”
The “Freedom” to Contract in the Regulatory Employment Environment
Covenants Not to Compete (Non-Compete Agreements)
Chapter Summary
Chapter-End Questions
End Notes
Case 1
GENERAL LEGAL PRINCIPLES
OPINION
CONCLUSION
Case Questions
Case 2
II. Background
IV. Applicable Law
V. Discussion
Case Questions
Chapter 2: The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Introduction
Guide to Reading Cases
Stare Decisis and Precedent
Understanding the Case Information
Prima Facie Case
Employment-At-Will Concepts
Wrongful Discharge and the Employment-At-Will Doctrine
Exceptions to the At-Will Doctrine
Constructive Discharge
The Worker Adjustment and Retraining Notification Act
Wrongful Discharge Based on Other Tort Liability
Employment Discrimination Concepts
Disparate Treatment
Disparate Impact
Other Defenses to Employment Discrimination Claims
Accommodation
Retaliation
Exhaustion of Administrative Remedies
Employment Discrimination Remedies
Additional Legal Resources
Law Libraries
The Internet
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
II. Factual Background
III. Analysis
IV.
IV. Conclusion
Case Questions
Case 3
III. Implied Covenant Claim
Case Questions
Case 4
Case Questions
Case 5
Memorandum Opinion
Case Questions
Case 6
Case Questions
Chapter 3: Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964
Statutory Basis
A Historic Rights Act
Historical Context Leading to the Need for the Civil Rights Act of 1964
Title VII: The Legislation
The Structure of Title VII
What Is Prohibited under Title VII?
Who Must Comply?
Who Is Covered?
Who Is Not Covered?
Filing Claims under Title VII
The Reconstruction Civil Rights Acts
42 U.S.C. Section 1981
42 U.S.C. Section 1983
An Important Note
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Chapter 4: Legal Construction of the Employment Environment
Legal Construction of the Employment Environment
Evolution of the Employment Relationship
Recruitment
Federal Statutory Regulation of Recruitment
State Employment Law Regulation
Common Law: Misrepresentations and Fraud
Application of Regulation to Recruitment Practices
Information Gathering and Selection
The Application Phase
The Interview
Background or Reference Check, Negligent Hiring, and Googling Employees
Reference Checks: Potential Liability for Providing References?
“After-Acquired Evidence” Defense in Wrongful Termination Suits
Testing in the Employment Environment
Legality of Eligibility Testing
Test Validity: Confirming Capacity to Do a Job
Legality of Ineligibility Testing
Performance Appraisals, Evaluation, and Discipline Schemes
Legal Implications of Performance Appraisal Systems
Discipline
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Chapter 5: Affirmative Action
Part 2
Affirmative Action
Statutory Basis
The Design and Unstable History
Introduction
Affirmative Action’s Misunderstandings Based on Race
Clearing the Air
What Is Affirmative Action?
Affirmative Action under Executive Order 11246
E.O. 11246 Provisions
Affirmative Action Plans
Penalties for Noncompliance
Judicial Affirmative Action
Voluntary Affirmative Action
“Reverse Discrimination”
Valuing Diversity, Equity, Inclusion, Access and Belonging (DEIAB)
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Chapter 6: Race and Color Discrimination
Race and Color Discrimination
Statutory Basis
The Context of Racial Discrimination Protections in Employment
Evolving Definitions of Race
History of Civil Rights in the U.S.: A Review
Race: Putting It All Together
General Considerations
Recognizing Race Discrimination
Racial Harassment
Color Discrimination
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Chapter 7: National Origin Discrimination
National Origin Discrimination
Statutory Basis
Chez/Casa/Fala/Wunderbar Uncle Sam
The Changing Workforce
Regulatory Overview
Member of the Protected Class
Qualification/BFOQs
Adverse Employment Action and Dissimilar Treatment
Harassment on the Basis of National Origin
Guidelines on Discrimination Because of Religion or National Origin
Middle Eastern Discrimination after September 11, 2001, and in the Era of ISIS
Latinx Discrimination: Impact of Socio-Political Environmental Factors
Citizenship and the Immigration Reform and Control Act
Undocumented Workers
Alternate Basis for National Origin or Citizenship Discrimination: Section 1981
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
II
III
IV
Case Questions
Case 4
Case Questions
Case 5
Case Questions
Chapter 8: Gender Discrimination
Gender Discrimination
Statutory Basis
Does It Really Exist?
Gender Discrimination in General
Recognizing Gender Discrimination
“Gender-Plus” Discrimination
Gender Issues
Gender Stereotyping
Grooming Codes
Customer or Employee Preferences
Logistical Considerations
Equal Pay and Comparable Worth
Gender Discrimination and Artificial Intelligence
Gender as a BFOQ
Pregnancy Discrimination
Fetal Protection Policies
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Chapter 9: Sexual Harassment
Sexual Harassment
Statutory Basis
Since Eden … and Counting
Introduction
Where Do Sexual Harassment Considerations Leave the Employer?
Sexual Harassment in General
Quid Pro Quo Sexual Harassment
Hostile Environment Sexual Harassment
Unwelcome Activity
Severe and Pervasive Requirement
Perspective Used to Determine Severity
“Sexual” Requirement Explained
Employer Liability for Sexual Harassment
Supervisor toward Employee (Tangible Employment Action)
Supervisor toward Employee (No Tangible Employment Action)
Coworker Harassment or Third-Party Harassment of Employee
Other Important Considerations
Determining the Truth of Allegations
Retaliation and Employee Privacy
Corrective Action
Damages and Jury Trials
Tort and Criminal Liability
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Chapter 10: Sexual Orientation and Gender Identity Discrimination
Sexual Orientation and Gender Identity Discrimination
Statutory Basis
Out of the Closet
Sexual Orientation as a Basis for Adverse Employment Decisions
A Note about Same-Gender Sexual Harassment
Gender Identity Discrimination
Employment Benefits
Management Considerations
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Case 5
Case Questions
Chapter 11: Religious Discrimination
Religious Discrimination
Statutory Basis
This Is Not Your Parents’ Religious Discrimination
What Is Religion?
Religious Conflicts
Employer’s Duty to Reasonably Accommodate
Employee’s Duty to Cooperate in Accommodation
What Constitutes Undue Hardship?
Religion as a BFOQ
Religious Harassment
Union Activity and Religious Discrimination
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case 2
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Case 5
Case Questions
Case 6
Case Questions
Chapter 12: Age Discrimination
Age Discrimination
Statutory Basis
Oldie … but Goldie?
Regulation: Age Discrimination in Employment Act
Distinctions between ADEA and Title VII
State Law Claims
Employee’s Prima Facie Case: Disparate Treatment
Burden Shifting No More
Employer’s Defenses
Employee’s Prima Facie Case: Circumstances Involving Claims of Disparate Impact
Reductions in Force (RIFs)
Retaliation
Employee’s Prima Facie Case: Proof of Pretext
Employee’s Prima Facie Case: Hostile Environment Based on Age
Waivers under the Older Workers’ Benefit Protection Act of 1990
The Use of Statistical Evidence
Remedies
Employee Retirement Income Security Act
Distinctions among Benefit Plans
Management Considerations
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Justice Stevens, with whom Justice Souter, Justice Ginsberg, and Justice Breyer join, dissenting
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Chapter 13: Disability Discrimination
Disability Discrimination
Statutory Basis
Removing Old Barriers
Regulation
Section 503 of the Vocational Rehabilitation Act
Americans with Disabilities Act
The Challenges of Prohibiting Disability Discrimination
The Statutory Structure of the ADA
The Prima Facie Case for Disability Discrimination
Disability
Otherwise Qualified
Reasonable Accommodation
The Legal Process
Burden of Proof
Employer Defenses
Mental Impairments
Disability Harassment
Additional Responsibilities of Employers in Connection with Health-Related Issues
“No Fault” Liability: Workers’ Compensation
Protection of Coworkers
Retaliatory Discharge and Remedies Available
Genetic Testing
Family and Medical Leave Act and the ADA: Distinctions
Management Considerations
Obesity
Substance Use and Abuse
Allergies
Pregnancy and Postpartum
Gender Dysphoria
Service Animals
Chapter Summary
Chapter-End Questions
End Notes
Case 1
1. Direct Method
2. Indirect Method
Case Questions
Case 2
The Americans with Disabilities Act
Individual with a Disability
Otherwise Qualified
Failure to Engage in Interactive Process
Title VII Sex/Pregnancy Discrimination Claim
Conclusion
Case Questions
Case 3
III. Analysis
A. Qualified to Perform Essential Functions
Case Questions
Case 4
Case Questions
Chapter 14: The Employee’s Right to Privacy and Management of Personal Information
Part 3
The Employee’s Right to Privacy and Management of Personal Information
Are There Guarantees in Life?
Privacy: U.S. Legal Framework
Workplace Privacy, Generally
Is There Any Reasonable Expectation of Privacy in the Workplace?
Public Sector Employee Privacy
Constitutional Protection
The Privacy Act of 1974
Privacy Protection Study Commission
Federal Wiretapping—Title III
Electronic Communications Privacy Act (ECPA)
Private Sector Employee Privacy
Legal Framework for Employee Rights in the Private Sector
Bases for Right to Privacy in the Private Sector
Regulation of Employees’ Off-Work Activities
Tobacco Use
Weight and Wellness Programs
Workplace and Off-Work Relationships
The Use of Marijuana
Additional Considerations
Managing Employee Information
Monitoring Employees at Work
The Legal Context of Employee Monitoring
Business Justifications for Monitoring Employees’ Technology Use
How Do Employers Monitor Employees?
Monitoring Employee Email
Developing Computer Use Policies
Bring Your Own Device (BYOD)
Monitoring Social Media Activities
Waivers of Privacy Rights
Privacy Rights since September 11, 2001
Management Considerations
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Discussion
Case Questions
Case 3
Case Questions
Chapter 15: Labor Law
Labor Law
Statutory Basis
Coming Together on Issues
A Historical Accounting
Out of Necessity Comes Change
Labor Laws
The Norris–LaGuardia Act of 1932
The National Labor Relations Act of 1935 (Wagner Act)
The National Labor Relations Act
The National Labor Relations Board
Concerted Activity
Unions
The Taft–Hartley Act of 1947
The Landrum–Griffin Act of 1959
Labor Relations in the Public Sector
Federal Employees
State, County, and Municipal Public Employees
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Order
Case Questions
Case 3
Case Questions
Case 4
Case Questions
Chapter 16: Selected Employment Benefits and Protections
Selected Employment Benefits and Protections
Introduction
Fair Labor Standards Act of 1938
Statutory Basis
Introduction: Show Me the Money!
Covered Employees
Minimum Wages
Overtime Provisions
Retaliation
Child Labor Laws
The Family and Medical Leave Act of 1993
Statutory Basis
Introduction: It’s All in the Family
General Provisions
Occupational Safety and Health Act
Statutory Basis
Introduction: Safety at Work
General Provisions
Specific Regulations
General Duty Clause
Intentional Acts
Violence in the Workplace
Bullying
Retaliation
Employee Benefits—ERISA, COBRA, and HIPAA
Statutory Basis
Introduction: Will It Be There When I Retire?
General Provisions
Fiduciary Duty
Reporting and Disclosure
Eligibility and Vesting Rules
Funding Requirements for Defined Benefit Plans
ERISA Litigation
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
The Health Insurance Portability and Accountability Act (HIPAA)
Enforcement of ERISA
Chapter Summary
Chapter-End Questions
End Notes
Case 1
Case Questions
Case 2
Case Questions
Case 3
Case Questions
Case 4
II.
A.
B.
Case Questions
Glossary
Glossary
Case Index
Case Index
Subject Index
Subject Index
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