Amazon no longer offers textbook rentals. We do!

Employment Law For Human Resource Practice

by: Walsh, David J.

Employment Law For Human Resource Practice

by: Walsh, David J.

ISBN 13:
9780324303933
ISBN 10:
0324303939
Edition: 2nd
Format: Hardcover
Copyright: 05/24/2006
Publisher: South-Western College/West
Newer Edition

Rent

Sorry, this item is currently unavailable.

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Extend or Purchase Your Rental at Any Time

Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.

Summary

Do jobs have their own life cycles? You bet they do! EMPLOYMENT LAW AND HUMAN RESOURCE PRACTICE explains the system of human resources by focusing on the three basic stages of the employment life cycle: hiring, managing, and firing. From legal issues to methods and techniques for helping employees achieve their potential, EMPLOYMENT LAW AND HUMAN RESOURCE PRACTICE gives you all you need to succeed in class and contribute in real world employment settings.

PART 1 Introduction to Employment Law

Overview of Employment Law

(30)

Clippings

(1)

Heard at the Staff Meeting

(1)

U.S. Employment Law Is a Fragmented Work in Progress

(1)

Sources of Employment Law

(2)

Constitutions

(1)

Statutes

(1)

Executive Orders

(1)

Regulations, Guidelines, and Administrative Decisions

(1)

Common Law

(1)

Substantive Rights Under Employment Laws

(1)

Nondiscrimination and Equal Employment Opportunity

(1)

Freedom to Engage in Concerted Activity and Collective Bargaining

(1)

Terms and Conditions of Employment That Meet Minimum Standards

(1)

Protection of Fundamental Rights

(1)

Compensation for Certain Types of Harm

(1)

Gardner v. Loomis

(3)

Determining Which Employment Laws Apply

(5)

Public or Private Sector Employment

(1)

Unionized or Nonunion Workplace

(1)

Employer Size

(1)

Geographic Location

(1)

Government Contracts

(1)

Industry and Occupation

(1)

Historical Development of U.S. Employment Law

(2)

Procedures for Enforcing Employment Laws

(3)

What Does an Employee Decide to Do When She Believes That Her Rights Were Violated?

(1)

How Long Does the Employee Have to Bring a Case?

(1)

Can a Lawsuit Be Brought? By Whom?

(1)

Is There an Administrative Prerequisite to a Lawsuit?

(1)

Must the Employee Exhaust Internal Dispute Resolution Mechanisms Before Proceeding?

(1)

The Changing Workplace: Alternative Dispute Resolution Procedures

(1)

Enforceability of Mandatory Arbritration Agreements

(2)

Ingle v. Circuit City Stores

(3)

Campbell v. General Dynamics

(3)

Remedies for Violations of Employment Laws

(1)

Implications of the Changing Workplace for U.S. Employment Law

(5)

The Employment Relationship

(28)

Clippings

(1)

The Changing Workplace: Contingent and Alternative Work Arrangements

(1)

The Importance of Determining Whether an Employment Relationship Exists

(1)

Who is An Employee?

(1)

Independent Contractors

(1)

Baker v. Flint Engineering & Construction

(4)

Nelson v. Yellow Cab Co.

(8)

Temporary Workers

(1)

Students and Interns

(2)

Volunteers

(1)

Partners

(1)

Other Issues Concerning Employee Status

(1)

Who Is the Employer?

(2)

Agency

(1)

Single, Integrated Enterprise

(1)

Joint Employers

(1)

Zheng v. Liberty Apparel Co.

(11)

Other Issues Concerning Employer Status

(6)

Overview of Employment Discrimination

(36)

Clippings

(1)

The Continuing Reality of Employment Discrimination

(1)

The Concept of Employment Discrimination

(1)

The Changing Workplace: The Contemporary Face of Discrimination

(3)

Protected Classes

(1)

Types of Discrimination

(3)

Disparate Treatment---a Closer Look

(7)

Types of Disparate Treatment Cases

(2)

Analyzing Pretext Cases

(5)

Laxton v. GAP Inc.

(4)

Adverse Impact---A Closer Look

(1)

Smith v. City of Jackson

(4)

Analyzing Adverse Impact Cases

(2)

Retaliation---A Closer Look

(1)

Gallina v. Mintz Levin

(11)

Analyzing Retaliation Cases

(9)

PART 2 The Hiring Process

Recruitment, Applications, and Interviews

(28)

Clippings

(1)

Recruitment

(1)

Evidence of Discrimination in Recruitment

(1)

EEOC v. Joe's Stone Crab

(7)

Recruitment Mechanisms

102

(4)

The Changing Workplace: Recruiting Foreign Nationals for U.S. Employment

106

(1)

Applications and Interviews

107

(5)

Application Process

107

(2)

Preemployment Inquiries

109

(3)

Griffin v. Steeltek

112

(3)

Statements by Employers

114

(1)

Stewart v. Jackson & Nash

115

(10)

False Statements by Employees

117

(8)

Background Checks, References, and Verifying Employment Eligibility

125

(28)

Clippings

125

(1)

Background Checks

126

(2)

Employer Responsibility for Employee Wrongdoing

126

(1)

Negligent Hiring

127

(1)

Ponticas v. K.M.S. Investments

128

(6)

References

134

(2)

Defamation

134

(2)

Sigal Construction v. Stanbury

136

(2)

Negligent Referral

138

(1)

Davis v. The Board of County Commissioners of Dona Ana County

138

(4)

Criminal Records

142

(1)

Credit Reports---The Fair Credit Reporting Act

143

(3)

The Changing Workplace: Immigration and the U.S. Workforce

146

(1)

Verifying Employment Eligibility

146

(7)

The Immigration Reform and Control Act

146

(7)

Employment Testing

153

(30)

Clippings

153

(1)

Drug Tests

154

(3)

Drug-Testing Procedures

156

(1)

Mission Petroleum Carriers v. Solomon

157

(4)

Medical Examinations

161

(2)

Medical Examinations and the ADA

161

(2)

Leonel v. American Airlines

163

(3)

The Changing Workplace: Genetic Testing and Employment

166

(1)

Polygraphs and Honesty Tests

167

(1)

Scored Tests of Ability

168

(7)

Examining Test Items

168

(1)

Examining Test Results

169

(1)

Establishing That Tests Are Job-Related and Consistent With Business Necessity

170

(3)

Determining Appropriate Cutoff Levels for Test Scores

173

(2)

Lanning v. Septa (I)

175

(1)

Lanning v. Septa (II)

176

(7)

Accommodating Disabled Persons in Testing

178

(5)

Hiring and Promotion Decisions

183

(32)

Clippings

183

(1)

Criteria for Hiring and Promotion Decisions

184

(4)

Facially Discriminatory Policies/Practices---BFOQ Defense

184

(3)

``Sex-Plus'' Cases

187

(1)

Weight and Appearance

187

(1)

Everson v. Michigan Department of Corrections

188

(6)

Sex-Stereotyping

192

(2)

Back v. Hasting on Hudson Union Free School District

194

(4)

Subjective Criteria

197

(1)

The Changing Workplace: Legal Implications of Changes in Jobs and Hiring Criteria

198

(1)

Medina v. Ramsey Steel Co.

199

(2)

Offering and Accepting Employment

201

(2)

Obstacles to Advancement on the Job

203

(12)

Promotions

203

(2)

Glass Ceilings

205

(2)

Seniority and the BFSS Defense

207

(8)

PART 3 Managing a Diverse Workforce

Affirmative Action

215

(26)

Clippings

215

(1)

When is Affirmative Action Required?

216

(3)

Government Contractors

217

(1)

Settlements and Court Orders

218

(1)

Distinguishing Legal Affirmative Action from Reverse Discrimination

219

(1)

The Legality of Affirmative Action Under Title VII

220

(1)

Johnson v. Transportation Agency, Santa Clara County

220

(3)

Taxman v. Board of Education of the Township of Piscataway

223

(4)

The Legality of Affirmative Action Under the U.S. Constitution

226

(1)

Petit v. City of Chicago

227

(3)

Ingredients of Affirmative Action Plans

230

(6)

Reasonable Self-Analysis

230

(1)

Reasonable Basis for Affirmative Action

231

(2)

Reasonable Affirmative Actions

233

(1)

Effects of Affirmative Action

234

(2)

The Changing Workplace: Diversity and Affirmative Action

236

(5)

Harassment

241

(36)

Clippings

241

(1)

Harassment as a Form of Discrimination

242

(2)

``Because of Sex''

242

(2)

Recognizing Harassment

244

(1)

What Behaviors Constitute Harassment?

244

(1)

The Changing Workplace: Harassment and Workplace Bullying

245

(5)

Harassment That Results in Tangible Employment Actions

246

(1)

Hostile Environment Harassment

246

(4)

Petrosino v. Bell Atlantic

250

(5)

When Are Harassing Behaviors Unwelcome?

254

(1)

Liability for Harassment

255

(3)

Harassment by Top Officials, Managers, and Supervisors

255

(3)

Pennsylvania State Police v. Suders

258

(3)

Holly D. V. California Institute of Technology

261

(4)

Harassment by Coworkers or Third Parties

264

(1)

Eliminating Harassment

265

(12)

Harassment Policies and Complaint Procedures

265

(2)

Responding to Reports of Harassment

267

(10)

Reasonably Accommodating Disability and Religion

277

(34)

Clippings

277

(1)

Reasonable Accommodation of Disability

278

(2)

Disability

278

(2)

Emory v. Astrazeneca Pharmaceuticals

280

(11)

``Qualified Individual with a Disability''

285

(2)

Reasonable Accommodation

287

(1)

The Process of Reasonably Accommodating Disability

288

(2)

What Makes an Accommodation Reasonable?

290

(1)

The Changing Workplace: Telework as a Reasonable Accommodation

291

(2)

When Does an Accommodation Impose Undue Hardship?

292

(1)

Smith v. Henderson

293

(3)

Reasonable Accommodation of Religion

296

(4)

Religion

296

(1)

Failure to Reasonably Accommodate Religion

297

(3)

Cloutier v. Costco

300

(3)

Religious Advocacy and Religious Harassment

303

(2)

Religious Organization Exemption

305

(6)

Work-Life Conflicts and Other Diversity Issues

311

(34)

Clippings

311

(1)

Work-Life Conflicts and Employer Leave Policies

312

(1)

Family and Medical Leave Act

312

(1)

The Changing Workplace: Workforce Diversity and Work-Life Conflicts

313

(5)

Walton v. Ford Motor Company

318

(3)

Bachelder v. America West Airlines

321

(8)

Pregnancy Discrimination Act

327

(1)

Leave to Perform Civic Duties

328

(1)

Uniformed Services Employment and Reemployment Rights Act (USERRA)

328

(1)

Language Requirements and National Origin Discrimination

329

(2)

English Fluency and Accents

329

(2)

English-Only Rules

331

(1)

EEOC v. Premier Operator Services

331

(3)

Discrimination Based on Sexual Orientation

334

(11)

Protection Under Federal Law

334

(1)

Protection Under State and Local Laws

335

(1)

Transgender and Transsexual Persons

336

(9)

PART 4 Pay, Benefits, Terms and Conditions of Employment

Wages, Hours, and Pay Equity

345

(34)

Clippings

345

(1)

Fair Labor Standards Act---Wage and Hour Standards

346

(2)

Minimum Wage

346

(1)

Overtime Pay

347

(1)

The Changing Workplace: Work Hours and the Intensification of Work

348

(1)

Determining Compliance with Wage and Hour Standards

349

(3)

Compensation Received

349

(1)

Compensable Time

350

(2)

IBP v. Alvarez/Tum v. Barber Foods

352

(8)

Exemptions from FLSA Requirements

355

(5)

Martin v. Indiana Michigan Power Company

360

(4)

Other Wage Laws

364

(2)

What About Farm Workers?

365

(1)

Limitations on Work Hours

366

(1)

Discrimination in Pay---Equal Pay Act

366

(2)

Proving Pay Discrimination Under the Equal Pay Act

367

(1)

Equal Work

367

(1)

Wheatley v. Wicomico County

368

(11)

Factors Other Than Sex

371

(1)

Comparable Worth

372

(1)

Pay Secrecy Policies

373

(6)

Benefits

379

(30)

Clippings

379

(1)

What Benefits Must Employers Provide?

380

(1)

What Does Erisa Require?

380

(4)

Inform Employees About Their Benefits

381

(1)

Deliver on Promised Benefits

382

(1)

Provide Claims and Appeals Procedures

383

(1)

Manage Plans Wisely and in Employees' Interests---Fiduciary Duties

384

(1)

Peralta v. Hispanic Business

384

(3)

Refrain from Interference or Retaliation

386

(1)

Pensions

387

(3)

Vesting and Participation

387

(1)

Types of Pension Plans

388

(2)

The Changing Workplace: Defined Contribution Plans and Shifting Risk to Employees

390

(3)

Health Insurance

393

(3)

Legal Challenges to Managed Care

393

(1)

Maintaining Coverage---COBRA and HIPAA

394

(2)

McDowell v. Krawchison

396

(2)

Retiree Health Benefits

397

(1)

Vallone v. CNA Financial

398

(2)

Discrimination and Benefits

400

(9)

Domestic Partner Benefits

402

(7)

Unions and Collective Bargaining

409

(36)

Clippings

409

(1)

The Idea of Collective Bargaining

410

(1)

The National Labor Relations Act (NLRA)

411

(2)

Employee Rights Under the NLRA

412

(1)

NLRB v. Caval Tool Division

413

(5)

Unfair Labor Practices (ULPs)

417

(1)

The Changing Workplace: Employee Involvement and the NLRA

418

(2)

Union Organizing and Representation Elections

420

(1)

Union Organizing Campaigns

420

(1)

Multi-Ad Services v. NLRB

421

(7)

Employer Responses to Union Organizing

423

(3)

Representation Election Procedures

426

(2)

Bargaining

428

(1)

Duty to Bargain in Good Faith

428

(1)

Pleasantview Nursing Home v. NLRB

429

(7)

What Happens When Parties Cannot Reach Agreement?

433

(3)

Labor Agreements

436

(9)

Enforcing Labor Agreements---Grievance Procedures and Arbitration

436

(9)

Occupational Safety and Health

445

(34)

Clippings

445

(1)

The Occupational Safety and Health Act

446

(6)

How Safe Is ``Safe Enough''?

447

(5)

The Changing Workplace: Ergonomic Hazards

452

(1)

Secretary of Labor v. Beverly Enterprises

452

(6)

How Is the OSH Act Enforced?

455

(2)

Recording and Reporting Requirements

457

(1)

Preventing Occupational Injuries and Illnesses

458

(2)

Workers' Compensation

460

(2)

Exclusive Remedy

461

(1)

Laidlow v. Hariton Machinery

462

(3)

Arising Out of and in the Course of Employment

465

(1)

Wright v. Beverly Fabrics

465

(3)

McCrone v. Bank One Corporation

468

(3)

Responding to Workplace Injuries

471

(8)

PART 5 Managing Performance

Performance Appraisals, Training, and Development

479

(28)

Clippings

479

(1)

Performance Appraisals

480

(4)

Performance Criteria and Standards

481

(3)

Performance Appraisal Process

484

(1)

Thomas v. Eastman Kodak

484

(6)

Training and Development

490

(1)

When Is Training Legally Required?

490

(1)

The Changing Workplace: Training and the New Psychological Contract

491

(5)

Selection of Trainees

496

(1)

Hoffman v. Caterpillar

496

(4)

Contents of Training Programs

500

(1)

Altman v. Minnesota Department of Corrections

500

(7)

Privacy on the Job: Information, Monitoring, and Investigations

507

(34)

Clippings

507

(1)

Overview of Workplace Privacy Protections

508

(1)

Constitutional Protection

508

(1)

O'Connor v. Ortega

508

(6)

Common Law Protection

511

(3)

Statutory Protection of Privacy

514

(1)

Handling Records and Employee Information

514

(3)

Personnel Records

514

(2)

Medical Information

516

(1)

Monitoring and Surveillance of Employees

517

(2)

Video Surveillance

517

(2)

Electronic Communications

519

(1)

The Changing Workplace: The Electronic Workplace and Employee Privacy

519

(2)

Konop v. Hawaiian Airlines

521

(4)

Investigation of Employee Conduct

525

(2)

Searches

526

(1)

Interviews and Interrogations

527

(1)

Dietz v. Finlay Fine Jewelry

527

(14)

Polygraphs

531

(1)

Acting on Results of Investigations

532

(9)

PART 6 Terminating Employment

Terminating Individual Employees

541

(46)

Clippings

541

(1)

Determining Whether a Termination Has Occurred---Constructive Discharge

542

(1)

Employment at will with Exceptions

543

(1)

Impermissible Grounds for Termination

544

(4)

Breach of an Implied Contract

545

(3)

Dillon v. Champion Jogbra

548

(6)

Retaliation for an Act Supporting Public Policy

553

(1)

Lloyd v. Drake University

554

(5)

Whistleblower Protection Statutes

559

(1)

Collins v. Beazer Homes USA

559

(8)

Discriminatory Termination

565

(2)

Just Cause/Due Process

567

(5)

Unionized Employees

567

(3)

Public Employees

570

(1)

Civil Service and Tenure Laws

570

(1)

Constitutional Protections

571

(1)

Pappas v. Giuliani

572

(7)

Montana Wrongful Discharge from Employment Act

578

(1)

Handling Terminations

579

(8)

Downsizing and Posttermination Issues

587

(32)

Clippings

587

(1)

Downsizing

588

(4)

The Decision to Downsize

588

(2)

Informing Employees Prior to Downsizing---WARN Act

590

(2)

Roquet v. Arthur Andersen

592

(3)

Selecting Employees for Downsizing

594

(1)

EEOC v. Board of Regents of the University of Wisconsin

595

(8)

Early Retirement Offers

601

(1)

Effects of Bankruptcy on Employee Rights

602

(1)

Posttermination Issues

603

(3)

Unemployment Insurance

603

(2)

Restrictive Covenants

605

(1)

Victoria's Secret Stores v. May Department Stores

606

(3)

The Changing Workplace: Restrictive Covenants and Control of Human Capital

609

(10)

Glossary

619

(18)

Case Index

637

(2)

Subject Index

639

Amazon no longer offers textbook rentals. We do!

Employment Law For Human Resource Practice

Employment Law For Human Resource Practice

9780324303933

0324303939

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Employment Law For Human Resource Practice

Employment Law For Human Resource Practice

9780324303933

0324303939

Summary

Table of Contents

Supplemental Materials

Write a Review

Related Products