SEMINAR TWO Employment Law 1

Holiday Schedule:  Holiday Break begins 12/21 – ½  Only one day for week 3 material and assignments  Cover week 2 and Week 3 material in tonight’s seminar  Assignments for Week 3 will be due at end of Week 4 (1/10)  Discussion Board  Assignment 2

Employment Law Privacy  U.S. Constitution does NOT mention privacy or a right of privacy, but the courts have said that for many of the rights guaranteed in the Constitution to have meaning, there has to be a right of privacy included in those rights  But a right to privacy is not absolute – in the employment relationship, the legitimate needs of the employer, to operate efficiently and to protect its assets, must be balanced against the right to privacy 3

Employment Law When privacy concerns arise:  Personnel files  Telephone conversations – expectation of privacy  /Internet use  Pre-employment/continuing employment credit checks – notice  Recommendations/references – defamation 4

Employment Law Invasion of privacy  Recognized civil cause of action  Information that is undeniably private  Intentional disclosure  Damage  Intentional infliction of emotional damage  Outrageous conduct  Intentional or reckless conduct  Causes severe emotional distress 5

Employment Law Interference with business relationships  Intentional interference with a business relationship  Business relationship must be known  Damages 6

Employment Law Employee mis-deeds:  Theft from employer  Conversion  Embezzlement  Theft of time 7

Employment Law Constitutional protections for employees  Fourth Amendment protections against unreasonable searches and seizures – the key is “unreasonable”  Time sheets  Electronic surveillance  Lie detector tests – reasonable suspicion  Security – various methods  Searches – reasonable cause 8

Employment Law Whistleblowers  Benefit to employers  Negative effects on employees  Negative effects on whistleblowers Whistleblower Protections Act – violation of law False Claims Act – against government Sarbanes-Oxley Act - securities 9

Employment Law 10 Federal laws that address the relationships between workers and union, workers and employers, and unions and employers:  Sherman Act – aimed at monopolies and restraint of trade which can indirectly involve labor  Clayton Act – negated some of the effect of the Sherman Act in protecting labor – can’t use injunctions to protect labor  Railroad Labor Act – outlawed yellow dog contracts  Norris-LaGuardia Act – protection of labor by emphasizing that courts could not issue injunctions against labor disputes

Employment law 11 Federal laws, continued:  National Labor Relations Act – to ensure the rights of employees to organize into unions  Taft-Hartley Act (LMRA) – closed shop (only union employees) are illegal  GATT/NAFTA – loss of jobs to overseas manufacturers has lessened the power of unions

Employment Law 12 Collective bargaining:  Employee groups being represented by unions in the negotiation of employment contracts – wages, work rules, time off, terminations, etc.  Gives increased strength to unions/employees in dealing with employer

Employment Law 13 Unfair labor practices (applicable to unions and employers:  Forcing employees to join a union  Misuse of union dues  Failing to bargain collectively  Illegal strikes and job actions  Refusing to collectively bargain  Discriminating against union members/retaliation for grievances  Interference with elections  Undue influence on union members or representatives

Employment Law 14 Civil Rights Act of 1964  Title VII specifically applies to employment  Prohibits discrimination in employment Only applies to discrimination based on race, color, religion, national origin and gender Applies to employment actions – hiring, training, compensation, promotions, terminations – any employment opportunities Excepts – the US, Native American tribes, private membership clubs, religious organizations and colleges

Employment law 15 Discrimination under Title VII is not limited to affirmative, active discrimination:  Disparate treatment (different treatment for different groups)  Disparate impact (practical effect of action)  80% rule  Prima facie case Member of protected class Applied and qualified for job Rejected Job remained open

Employment Law 16 Equal Employment Opportunity Commission (EEOC)  Considers claims of discrimination  If EEOC determines that there has likely been discrimination, attempts to resolve with employer – if not resolved gives complainant a right to sue letter  If EEOC determines there was no discrimination, gives complainant a right to sue letter

Employment Law 17 EEOC can also pursue action against an employer through the US Attorney General to obtain an injunction against the employer and, eventually, to obtain a court order against the employer and even penalties.

Employment Law 18 Damages under the Civil Rights Act – compensatory and punitive. Glass ceilings – discrimination against women Exemptions  Bona fide occupational qualification  Communists

Employment Law Harassment as discrimination – if an employer knows about harassment based on a protected classification and does not take reasonable steps to stop the harassment, the employer may be guilty of discrimination 19