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Employment Law For Human Resource Practice

ISBN: 9780324303933 | 0324303939
Edition: 2nd
Format: Hardcover
Publisher: Cengage Learning
Pub. Date: 5/24/2006

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SummaryTable of Contents
This text utilizes a unique employment life cycle framework to surveys the extensive and growing body of law regulating the employment relationship and influencing virtually every area of human resource practice. The book is organized around the three basic stages of the employment life cycle: hiring, managing, and firing, to better highlight the legal issues that arise within particular areas of human resource practice.
Do jobs have their own life cycles? You bet they do! EMPLOYMENT LAW AND HUMAN RESOURCE PRACTICE... MORE
PART 1 Introduction to Employment Law
Overview of Employment Law
3(30)
Clippings
3... MORE
Heard at the Staff Meeting
4(1)
U.S. Employment Law Is a Fragmented Work in Progress
5(1)
Sources of Employment Law
5(2)
Constitutions
5(1)
Statutes
6(1)
Executive Orders
6(1)
Regulations, Guidelines, and Administrative Decisions
6(1)
Common Law
6(1)
Substantive Rights Under Employment Laws
7(1)
Nondiscrimination and Equal Employment Opportunity
7(1)
Freedom to Engage in Concerted Activity and Collective Bargaining
7(1)
Terms and Conditions of Employment That Meet Minimum Standards
7(1)
Protection of Fundamental Rights
8(1)
Compensation for Certain Types of Harm
8(1)
Gardner v. Loomis
8(3)
Determining Which Employment Laws Apply
11(5)
Public or Private Sector Employment
11(1)
Unionized or Nonunion Workplace
11(1)
Employer Size
12(1)
Geographic Location
13(1)
Government Contracts
13(1)
Industry and Occupation
14(1)
Historical Development of U.S. Employment Law
14(2)
Procedures for Enforcing Employment Laws
16(3)
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated?
16(1)
How Long Does the Employee Have to Bring a Case?
16(1)
Can a Lawsuit Be Brought? By Whom?
17(1)
Is There an Administrative Prerequisite to a Lawsuit?
18(1)
Must the Employee Exhaust Internal Dispute Resolution Mechanisms Before Proceeding?
18(1)
The Changing Workplace: Alternative Dispute Resolution Procedures
19(1)
Enforceability of Mandatory Arbritration Agreements
19(2)
Ingle v. Circuit City Stores
21(3)
Campbell v. General Dynamics
24(3)
Remedies for Violations of Employment Laws
27(1)
Implications of the Changing Workplace for U.S. Employment Law
28(5)
The Employment Relationship
33(28)
Clippings
33(1)
The Changing Workplace: Contingent and Alternative Work Arrangements
34(1)
The Importance of Determining Whether an Employment Relationship Exists
34(1)
Who is An Employee?
35(1)
Independent Contractors
36(1)
Baker v. Flint Engineering & Construction
36(4)
Nelson v. Yellow Cab Co.
40(8)
Temporary Workers
42(1)
Students and Interns
43(2)
Volunteers
45(1)
Partners
46(1)
Other Issues Concerning Employee Status
47(1)
Who Is the Employer?
48(2)
Agency
48(1)
Single, Integrated Enterprise
49(1)
Joint Employers
50(1)
Zheng v. Liberty Apparel Co.
50(11)
Other Issues Concerning Employer Status
55(6)
Overview of Employment Discrimination
61(36)
Clippings
61(1)
The Continuing Reality of Employment Discrimination
62(1)
The Concept of Employment Discrimination
62(1)
The Changing Workplace: The Contemporary Face of Discrimination
63(3)
Protected Classes
65(1)
Types of Discrimination
66(3)
Disparate Treatment---a Closer Look
69(7)
Types of Disparate Treatment Cases
69(2)
Analyzing Pretext Cases
71(5)
Laxton v. GAP Inc.
76(4)
Adverse Impact---A Closer Look
80(1)
Smith v. City of Jackson
81(4)
Analyzing Adverse Impact Cases
83(2)
Retaliation---A Closer Look
85(1)
Gallina v. Mintz Levin
86(11)
Analyzing Retaliation Cases
88(9)
PART 2 The Hiring Process
Recruitment, Applications, and Interviews
97(28)
Clippings
97(1)
Recruitment
98(1)
Evidence of Discrimination in Recruitment
98(1)
EEOC v. Joe's Stone Crab
99(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)
Glossary619(18)
Case Index637(2)
Subject Index639

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