1. chapter 6 Employment Law

2. Chapter Objectives After reading this chapter, you will know the following: Key legal issues in employment for sport managers Relevance of the doctrine of employment at will Primary issues in employment discrimination Key legal issues relevant to sexual harassment The main elements of federal employment legislation

3. Employment Issues An employee is fired from a job. A qualified employee is not hired for a job. A qualified employee is not promoted. An employee’s work situation is made so bad that he or she must quit. An employee is injured during the scope of employment. An employee is injured due to conditions at the workplace. Monitoring.

4. Isaiah Thomas Sexual Harassment Case https://www.youtube.com/watch?v=qTTW5Yn Kdf4

5. Topics of Employment Law The Employment Relationship “Employment at will” Hiring, promotion, and retention Sexual harassment Employment laws –Employee Health and Safety –Others

6. The Employment Relationship Employment-at-will doctrine: A legal doctrine that holds that the employment relationship may be ended by either party at any time and for any reason. Why is this doctrine important? Exceptions to the doctrine –Federal legislation that does not permit it (discriminatory reasons) –Public policy – police, fire, and air traffic controllers can’t walk off the job. (continued)

7. The Employment Relationship Contractual in nature Involves an express or implied agreement to perform personal services: Agreement should cover salary, work duties, benefits Who is an employee? A university scholarship athlete? Read case on page 141

8. Issue Is a football player an employee of the university that he attends and for which he competes? Coleman v. Western Michigan; Economic Reality Test: 1. The proposed employer’s right to control or dictate the activities of the proposed employee 2. The proposed employer’s right to discipline or fire the proposed employee 3. The payment of “wages” and, particularly, the extent to which the proposed employee is dependent on the payment of wages or other benefits for his daily living expenses 4. Whether the task performed by the proposed employee was an integral part of the proposed employer’s business

9. Federal Workplace Safety Laws Occupational Safety and Health Act (OSHA) Typical health and safety concerns? Twofold purpose: 1. To require employers to meet certain specific, federally mandated safety standards 2. To impose a general duty on employers to keep their workplace safe Protects employees who file complaints and requires record keeping (11 or more employees) https://www.youtube.com/watch?v=H6wRR Wi6i0chttps://www.youtube.com/watch?v=H6wRR Wi6i0c

10. Hiring, Promotion, and Retention What is discrimination? – “the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.” 1.Civil Rights Act of 1964 (Title VII); Equal Employment Opportunity Commission Race, color, and national origin Gender Religion 2.Age Discrimination in Employment Act (ADEA) 3. Americans with Disabilities Act (ADA) Affirmative action programs

11. Discrimination: 1964 Civil Rights Act (Title VII) Designated Protected classes –Race, color, and national origin –Gender –Religion State laws may expand the categories of protected classes (e.g., sexual orientation)

12. Work Place Discrimination Treating employees or job applicants unequally on the basis of a personal characteristic or trait –How do we find that discrimination occurred? –Directly: Employer’s discriminatory words or actions (you were not hired because you are...) or policy –Indirectly (most common) Disparate treatment – an intentional act where a qualified person from a protected class does not get the job in favor of a less qualified individual (have legal recourse) Disparate impact – percentage of minority workers does not mirror the percentage of protected classes in that local labor market

13. Discrimination Claims “Disparate Treatment” “Prima facie” case (based on first impression; accepted as correct until proved otherwise) 1. A member of a protected class: Race, color, national origin, religion, and gender 2. Applied and was qualified 3. Was rejected by the employer 4. Position remained open or was filled by a person not in a protected class Victim files a claim with the EEOC or files a lawsuit

14. Defenses to Discrimination A defense is an argument used to justify a “prima facie” discriminatory practice Defense 1 - Bona Fide Occupational Qualification: Identifiable characteristics reasonably necessary to the normal operation of a particular business: –Gender: Fitness trainers at a single-sex health club –Race: Not a BFOQ –Sexual Orientation: Not a BFOQ

15. Discrimination Claims Disparate Impact Employers’ workforce must reflect the same percentage of members of protected classes as the local labor market Challenges –Statistical analysis –“Defining” the local labor market Prima facie case –Employment practice has a discriminatory effect –Connection shown between the employment practice and disparity

16. Defense #2 - Business Necessity Used to justify a discriminatory effect A valid business reason for choosing someone outside of protected class –Gender: Because of height, weight, and strength requirements, most firefighters hired were men. –Religion: Because of faith-based days of worship, more hires are not of a particular faith. (can’t work on Sabbath) –Race: Because business had a valid reason to hire only workers with a terminal graduate degree, most workers were nonminority. –Age (under the ADEA): Because a job required strength and endurance, most workers were under the age of 60.

17. Discrimination: Age (Age Discrimination in Employment Act - 1967) Prohibits employment discrimination on the basis of age for people 40 and over Applies to businesses with 20 or more employees and whose activities influence interstate commerce Prima facie case: (Fitness Center Application) –Man 75 years old for weight room supervisor –Applied and was qualified under description –Rejected in circumstances that implied discrimination –Wanted more fit looking people

18. Discrimination: Disabilities Americans with Disabilities Act of 1990 (ADA) Title I: Employment –Process Prove a disability: Substantially limits one or more major life activities Prove qualified for the job Prove denied job because of disability –Reasonable accommodation Employer finds work responsibilities and environments that place disabled employees in a position to be successful in performing job functions “Undue financial burde”n of changes may exempt business

19. The PGA vs. Casey Martin page 149-151 Who was Casey Martin? What accommodation was he seeking? Why did the PGA resist? How did it end up? https://www.youtube.com/watch?v=oMXzoT Hs9Tchttps://www.youtube.com/watch?v=oMXzoT Hs9Tc

20. Sexual Harassment Constructive discharge Title VII of the CVA; EEOC Elements of sexual harassment: 1. Unwelcome sexual advances 2. Not desired by the employee (victim) 3. Conduct that creates a hostile or abusive work environment 4. Can arise from either verbal or physical conduct Types: –Quid pro quo “something for something” – Sex for advancements –Hostile work environment – an active hostile environment –Lack of policies and procedures to combat SH –Policies existed but were not enforced –Managerial knowledge of harassment with no action

21. Employment Laws COBRA requires that employer continue medical coverage (for a limited time) at option of terminated employee HIPAA: Prohibitions on exclusion from medical coverage, and medical record confidentiality FMLA: Unpaid leave of 12 weeks for family or medical reasons Fair Labor Standards Act (FLSA): Child labor, overtime, and minimum wage

22. Homework Assignment Find a case and ruling of a sports related sexual harassment case. Bring a case summary (printed) to read on Friday.