1. Legislation Affecting Employment Chapter 11: Employment Laws & Discrimination

2. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to recognize those areas of employment that must be included in any collective bargaining process (p. 442) How to identify the objectives of the Taft- Hartley Act (p. 443)

3. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to identify the goal of the Landrum- Griffin Act (p. 444) How to identify child labor laws (p. 445)

4. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Why It’s Important You need to know the laws that protect union activities because you may be asked to join a union in the future.

5. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Legal Terms closed shop (p. 444) union shop (p. 444) right-to-work laws (p. 444) featherbedding (p. 444) child labor laws (p. 445)

6. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Regulating Collective Bargaining Wagner Act Taft-Hartley Act Landrum-Griffin Act Section Outline

7. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Regulating the Employment of Minors State Child Labor Laws Federal Child Labor Laws Industry-Education Cooperation Section Outline

8. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question What laws regulate the process of collective bargaining?

9. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The government has played an active role in regulating collective bargaining. In the past, the courts held collective bargaining to be an illegal conspiracy; however, eventually the government began to encourage it. Regulating Collective Bargaining

10. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Laws that address collective bargaining include Regulating Collective Bargaining The Wagner Act The Taft-Hartley Act The Landrum-Griffin Act

11. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The first federal law addressing collective bargaining was the National Labor Relations Act of 1935, also called the Wagner Act. Wagner Act

12. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The purpose of this act was to encourage collective bargaining, discourage certain unfair labor practices, and provide federal assistance in obtaining fair bargaining. Wagner Act

13. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Wagner Act also established guidelines for determining which employment concerns had to be included in the collective bargaining process. Wagner Act

14. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The act states that employers must negotiate Wagner Act WagesHours Conditions of employment

15. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Many people felt that the Wagner Act gave too great an advantage to the union bargaining unit. Consequently, it was amended in 1947 by the Labor- Movement Relations Act, also known as the Taft-Hartley Act. Taft-Hartley Act

16. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The purpose of the Taft-Hartley Act was to equalize the power of labor and management. Taft-Hartley Act

17. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law This act Taft-Hartley Act Provided for 60-day “cooling off” period. Made the closed shop illegal. Allowed for the union shop. Allowed states to pass right-to-work laws.

18. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law A closed shop is a business or company that requires a person to be a union member before being hired. Taft-Hartley Act

19. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law In contrast, a union shop is a business in which a worker must join the union within 30 days after being employed. Taft-Hartley Act

20. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Right-to-work laws are state laws that prohibit union shops. Taft-Hartley Act

21. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Featherbedding, or assigning more employees to a job than are actually needed, and pressure exerted by a union to retain unnecessary employees are prohibited by the Taft- Hartley Act. Taft-Hartley Act

22. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Wagner Act was further amended in 1959 by the Labor Management Reporting and Disclosure Act, or the Landrum-Griffin Act. Landrum-Griffin Act

23. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Its primary goal was to stop corruption in the unions. Under provisions in this act, all unions must register their constitutions and bylaws with the Secretary of Labor. Landrum-Griffin Act

24. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Match the labor law with its name. 1. 1.This law equalized the power of labor and management. (a) Wagner Act 2. 2.This was the first federal law to address collective bargaining. (b) Taft-Hartley Act 3. 3.This law was enacted to stop corruption in the unions. (c) Landrum-Griffin Act

25. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law ANSWER 1.B 2.A 3.C

26. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question How is the employment of minors regulated?

27. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law During the industrial revolution, children were often exploited by employers. To prevent such abuse, laws were enacted to protect children who enter the labor force. Regulating the Employment of Minors

28. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Child labor laws, or laws that control the work that children are permitted to do, developed slowly. State Child Labor Laws

29. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law In 1842, Massachusetts and Connecticut passed laws limiting the amount of hours that a child could work. By 1930, only 44 states had child labor laws dealing with nonmanufacturing occupations. State Child Labor Laws

30. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law A positive step in federal child labor laws was the child labor portion of the Fair Labor Standards Act of 1938, as updated in 1974. Federal Child Labor Laws

31. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law There are many exceptions to the minimum wage and maximum hours rules in the Fair Labor Standards Act. Federal Child Labor Laws

32. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law They include Federal Child Labor Laws Working in agriculture after school hours Child actors Children working for their parents in jobs other than manufacturing Children delivering newspapers

33. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Effective control of child labor requires the help of industry and schools. Industry-Education Cooperation

34. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 1. 1.What employment areas must be included in any collective bargaining process? Section 20.2 Assessment

35. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned Wages, hours, and conditions of employment. Section 20.2 Assessment Answer

36. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 2. 2.What are the objectives of the Taft- Hartley Act? Section 20.2 Assessment

37. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned To equalize the power of labor and management. Section 20.2 Assessment Answer

38. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 3. 3.What is the goal of the Landrum- Griffin Act? Section 20.2 Assessment

39. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned To stop corruption in unions. Section 20.2 Assessment Answer

40. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 4. 4.What are child labor laws? Section 20.2 Assessment

41. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned Laws that control the work that children are permitted to do. Section 20.2 Assessment Answer

42. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 20.2 Assessment Critical Thinking Activity Collective Bargaining Why did the courts once believe that collective bargaining was an illegal conspiracy?

43. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 20.2 Assessment Critical Thinking Activity Answer Collective Bargaining Answers will vary, but could recognize that conspiracy means for people to come together to plan a crime. Government could have seen collective bargaining as workers coming together to plan to defraud their employer.

44. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 20.2 Assessment Legal Skills in Action Child Labor Your friend, Felicia, has threatened to complain to the Secretary of Labor because her parents have put her to work on the family farm after school.

45. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 20.2 Assessment Legal Skills in Action Child Labor Write a letter to Felicia explaining whether her complaint is justified.

46. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 20.2 Assessment Legal Skills in Action Answer Child Labor Letters should include that minors between 14 and 16 may be employed in jobs other than those covered by the Fair Labor Standards Acts, which includes children working in agriculture after school hours.

47. Legislation Affecting Employment End of Section 20.2

48. Legislation Affecting Employment Section 21.1

49. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Laws Relating to Employment Conditions and Benefits Section 21.2 Laws Regulating Employment Discrimination 21 Chapter Employment Protection and Equal Opportunity

50. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to recognize the role that OSHA plays in ensuring workplace safety (p. 454) How to identify employers’ legal requirements with regard to wages and hours (p. 456)

51. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to identify the statutes designed to protect employee privacy rights (p. 458) How to distinguish between unemployment compensation and workers’ compensation (pp. 460-462)

52. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Why It’s Important Understanding the rights that are legally due to employees will help you determine your rights.

53. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Legal Terms Occupational Safety and Health Administration (OSHA) (p. 454) equal pay rule (p. 456) pension plan (p. 456)

54. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Legal Terms social security (p. 460) unemployment compensation (p. 461) workers’ compensation (p. 462)

55. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Employment Conditions Health and Safety Inspections Section Outline

56. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Wages, Hours, and Benefits Fair Labor Standards Act Equal Pay Act Employment Retirement Income Security Act Family and Medical Leave Act Section Outline

57. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Employee Privacy Rights Federal Privacy Act Drug-Free Workplace Act Employee Polygraph Protection Act Section Outline

58. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Laws Providing Worker Benefits Social Security Act Unemployment Compensation Laws Workers’ Compensation Laws Work Opportunity Laws Section Outline

59. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question Which employment conditions do you think are most important?

60. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Employment conditions can be divided into three areas: Employment Conditions Health and safety Right to fair wages and benefits Privacy rights

61. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The federal Occupational Safety and Health Act of 1970 was enacted by Congress to ensure that employees are protected in the workplace. Health and Safety

62. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The act established the Occupational Safety and Health Administration (OSHA), the agency within the federal government that sets safety and health standards for many companies within the United States. Health and Safety

63. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Businesses with 11 or more employees that engage in interstate commerce must meet OSHA’s health and safety standards. Health and Safety

64. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law OSHA uses two approaches to accomplish its mission. Health and Safety 1.Imposes upon employers the affirmative duty to maintain a safe and healthy work environment.

65. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law 2.Creates rules that outline the safety steps that businesses must maintain. Health and Safety

66. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law To make certain that employers adhere to OSHA regulations, the agency randomly inspects workplaces. OSHA also endeavors to inspect a business when a death or a disaster has occurred, or after an employee files a complaint. Inspections

67. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The law protects employees who file OSHA complaints. Employers may be fined for each violation reported by an employee or discovered during an inspection. Inspections

68. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question How does the government regulate employee wages, hours, and benefits?

69. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law In order to regulate wages, hours, and benefits, the government has passed several laws that set standards for employment in American business. Wages, Hours, and Benefits

70. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law These laws include Wages, Hours, and Benefits Fair Labor Standards Act Equal Pay Act Employment Retirement Income Security Act Family and Medical Leave Act

71. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Fair Labor Standards Act requires certain employers to pay their workers a legal minimum hourly wage rate, plus time-and-a-half for all work over 40 hours per week. It also regulates the employment of minors. Fair Labor Standards Act

72. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law In 1963, Congress passed the Equal Pay Act as an amendment to the Fair Labor Standards Act. The amendment established the equal pay rule. Equal Pay Act

73. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The equal pay rule states that employers engaged in interstate commerce must pay women the same rate of pay as men holding the same type of job. Equal Pay Act

74. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The equal pay rule covers Equal Pay Act Hourly workers ExecutivesAdministrators Professional employees Outside salespeople who receive salaries and/or commission

75. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law A pension plan is a program established by an employer or a union that is designed to provide income to employees after they retire. Employment Retirement Income Security Act

76. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Previously, funds in some employee pension plans were poorly invested or used for other business expenses. These practices resulted in losses of retirement benefits to workers and severe economic hardship for them. Employment Retirement Income Security Act

77. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Employment Retirement Income Security Act (ERISA) was passed to prevent such abuse. Employment Retirement Income Security Act

78. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law One requirement of the act is that employers must place employee contributions to pension plans in a trust fund that is independent of the employer’s control. Employment Retirement Income Security Act

79. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Family and Medical Leave Act Under the Family and Medical Leave Act, an employee of a company with at least 50 employees is entitled to 12 weeks of leave during any 12-month period

80. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Family and Medical Leave Act because of the birth or adoption of a child, or to care for a spouse, child, or parent who has a serious medical condition.

81. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question What types of privacy rights do you think affect employees?

82. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Three areas of primary concern include Employee Privacy Rights Privacy for government employees. Testing employees for drug use. Using polygraph (lie detector) test results in the hiring and firing of employees.

83. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Three laws that relate to these areas of concern are Employee Privacy Rights Federal Privacy Act Drug-Free Workplace Act Employee Polygraph Protection Act

84. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Because of our general aversion to governmental interference in personal rights, the privacy of government employees is often given greater emphasis than the privacy of employees in the private sector. Federal Privacy Act

85. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Under the Federal Privacy Act government employees are given the right to Federal Privacy Act Restrict inspection of their employment files. Be informed of their employment files.

86. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Be informed of the contents of their employment files. Fix any mistake that they might find in those files. Federal Privacy Act

87. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Drug-Free Workplace Act applies to companies that have contracts with the federal government and aims to create a drug-free work environment. Drug-Free Workplace Act

88. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Under this act, firms must initiate a plan to make sure that employees do not use drugs on the job; however, it does not order companies to include drug testing in their plans. Drug-Free Workplace Act

89. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law If a drug test is performed improperly, it can violate the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable search and seizure. Drug-Free Workplace Act

90. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law As with drug testing, polygraph or lie detector testing can violate the privacy rights of employees. Congress passed the Employee Polygraph Protection Act to regulate such testing procedures. Employee Polygraph Protection Act

91. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law This act prohibits employers from using lie detector tests either for screening of employment applicants or for random testing of employees. Employee Polygraph Protection Act

92. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question What laws provide worker benefits?

93. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The law attempts to protect workers who have left the job because of retirement, injury, or disability. The law also provides assistance to workers who have been laid off or discharged. Laws Providing Worker Benefits

94. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Government initiatives to protect workers include: Laws Providing Worker Benefits Social security Unemployment insurance Worker’s compensation Work opportunity

95. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Social security is a government program that provides continuing but limited income to workers and their dependents. Social Security Act

96. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law It provides benefits to employees and their families when their earnings stop or are reduced because of retirement, disability, or death. Social Security Act

97. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Unemployment compensation is a system of government payments to people who are out of work and looking for a job. Unemployment Compensation Laws

98. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Payments are made from an unemployment insurance fund financed by payroll taxes on employers or unemployment insurance premiums paid by employers. Unemployment Compensation Laws

99. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Workers’ Compensation Laws Workers’ compensation is an insurance program that provides income for workers who are injured or develop a disability or disease as a result of their job.

100. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Workers’ Compensation Laws Employers bear the cost of workers’ compensation. In most states, employers must pay a tax on their payrolls to fund the state’s workers’ compensation insurance fund.

101. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Work Opportunity Laws Welfare, a government system to provide assistance to poor Americans with dependent children, was criticized for many reasons. As a result, in 1996, Congress passed the Personal Responsibility and Work Opportunity Act.

102. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Work Opportunity Laws This act instituted a new program entitled Temporary Assistance to Needy Families (TANF).

103. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Work Opportunity Laws Under TANF, a majority of all welfare recipients must hold a job, enter career programs, or face a loss of payments. This requirement becomes effective after a recipient has received benefits during a two-year period.

104. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law 1.What does the Family and Medical Leave Act provide for an employee who works for a company that has at least 50 employees?

105. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law ANSWER Up to 12 weeks of leave during any 12-month period due to the birth or adoption of a child, or to care for a spouse, child, or parent who has a serious medical condition.

106. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law 2.What is TANF?

107. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law ANSWER It stands for Temporary Assistance to Needy Families and is a program designed to counter the problems with the old welfare system.

108. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 1. 1.What must employers do to provide for the safety of their employees? Section 21.1 Assessment

109. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned To provide for the safety of their employees, employers must follow the regulations established by OSHA. Section 21.1 Assessment Answer

110. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 2. 2.What legal requirements are placed upon employers with regard to wages and hours? Section 21.1 Assessment

111. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned The Wage and Hours Law, or Fair Labor Standards Act, requires certain employers to pay their employees a legal minimum hourly wage rate, plus time-and-a-half for all work in excess of 40 hours per week. Section 21.1 Assessment Answer

112. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 3. 3.What federal statues are designed to protect employee privacy rights? Section 21.1 Assessment

113. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned The Federal Privacy Act, the Drug-Free Workplace Act, and the Employee Polygraph Protection Act. Section 21.1 Assessment Answer

114. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 4. 4.What is the difference between unemployment compensation and workers’ compensation? Section 21.1 Assessment

115. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned Unemployment compensation is paid to workers who lose their jobs. Worker’s compensation is paid to workers who are injured on the job. Section 21.1 Assessment Answer

116. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Critical Thinking Activity Right to Privacy What justification can be given for the fact that the privacy rights of government workers are often given more attention than the privacy rights of employees in the private sector?

117. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Critical Thinking Activity Answer Right to Privacy Because of our general aversion to governmental interference in the rights of the people, government employees frequently see their right to privacy given greater emphasis than the rights of employees in the private sector.

118. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety While working on a summer job at a local manufacturing firm, you learn that one of your fellow employees has made a complaint to OSHA about certain unsafe practices at the plant.

119. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety You overhear a discussion in the lunchroom that reveals that the worker who filed the complaint will likely be discharged.

120. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety Organize a role-playing session in which one participant is the worker who filed the complaint and another person represents a coworker.

121. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Workplace Heath and Safety In the course of the discussion, explain the nature of OSHA and the safeguards given to employees who file complaints. Also explain the consequences that result if a violation of an OSHA regulation is discovered at the plant.

122. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Answer Workplace Heath and Safety Role-plays will vary, but should include that OSHA imposes upon employers the affirmative duty to maintain a safe and healthy work environment for their employees; and,

123. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.1 Assessment Legal Skills in Action Answer Workplace Heath and Safety that an employer may be fined for each violation reported by an employee or discovered during an OSHA inspection.

124. Legislation Affecting Employment End of Section 21.1

125. Legislation Affecting Employment Section 21.2

126. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to define discrimination (p. 465) How to identify the objective of the Civil Rights Act (p. 465)

127. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What You’ll Learn How to identify the goal of the Age Discrimination in Employment Act (p.470) How to explain the mission of the Americans with Disabilities Act (p.470)

128. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Why It’s Important You need to know the laws that outlaw employment discrimination to be able to identify instances of discrimination.

129. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Legal Terms discrimination (p. 465) disparate treatment (p. 466) bona fide occupational qualifications (BFOQ) (p.468) disparate impact (p. 468)

130. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Legal Terms business necessity (p. 468) quid pro quo harassment (p. 469) hostile work environment (p. 469) disability (p. 470)

131. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Discrimination The Civil Rights Act of 1964 Civil Rights Act of 1991 Sexual Harassment Pregnancy Discrimination Act Age Discrimination in Employment Act Americans with Disabilities Act Section Outline

132. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Pre-Learning Question How does the government discourage discrimination in employment opportunities?

133. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law During the second half of the twentieth century, Congress enacted legislation to discourage employment opportunity discrimination. Discrimination

134. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Discrimination is the unequal treatment of individuals based on sex, age, race, nationality, or religion. Discrimination

135. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Congress enacted the following legislation: Discrimination The Civil Rights Act of 1964 Civil Rights Act of 1991 Pregnancy Discrimination Act

136. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Age Discrimination in Employment Act Americans with Disabilities Act Discrimination

137. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, or national origin. These five categories, along with age, are often referred to as protected classes. The Civil Rights Act of 1964

138. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Equal Employment Opportunity Commission (EEOC) has the power to stop unfair employment practices by seeking a court injunction or by suing the employer for damages. The Civil Rights Act of 1964

139. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Name the six protected classes.

140. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law ANSWER Race, color, religion, sex, national origin, and age.

141. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Discrimination can take place through disparate treatment and disparate impact. Disparate Treatment

142. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Under disparate treatment, the employer intentionally discriminates against an individual or a group of individuals belonging to one of the protected classes. Disparate Treatment

143. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Employers have a defense against the charge of disparate treatment, which is bona fide occupational qualification (BFOQ). Disparate Treatment

144. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law If the employer can show that the qualification in question is a bona fide (good faith) employment qualification, then the discrimination may be justified. Disparate Treatment

145. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Discrimination can also take place via disparate impact, which is indirect discrimination. Disparate Impact

146. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law This occurs when an employer has an employment policy or criteria that appears neutral but has an unfair impact on the members of one or more of the protected classes. Disparate Impact

147. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Employers have a defense against a charge of disparate impact, known as business necessity. Disparate Impact

148. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law If the employer can show that qualification is required to perform the job, then it may be permitted despite its disparate impact on a protected class. Disparate Impact

149. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law 21.2 Equal Protection in Employment Employers are not permitted to discriminate in hiring practices either directly through disparate treatment or indirectly through disparate impact. The protection granted to employees under the Civil Rights Act includes not only hiring practices but also treatment on the job. Civil Rights Act of 1964

150. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The Civil Rights Act of 1991 was enacted by Congress: Civil Rights Act of 1991 To strengthen the doctrine of disparate impact. To allow plaintiffs to recover not only back pay but also compensatory and punitive damages.

151. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Sexual harassment can occur either through quid pro quo harassment or through the creation of a hostile work environment. Sexual Harassment

152. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Quid pro quo harassment occurs when one worker demands sexual favors from another worker in exchange for some employment- related decision, such as a raise or a promotion. Sexual Harassment

153. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law In contrast, the creation of a hostile working environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace, making it a distressing, humiliating, or hostile place. Sexual Harassment

154. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law To ensure the fair and equal treatment of pregnant women, the Pregnancy Discrimination Act was enacted. Pregnancy Discrimination Act

155. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The law makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth. Pregnancy Discrimination Act

156. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Robert Cornplanter worked as a short- order cook in a restaurant while attending college. He worked among many women who thought he was very attractive.

157. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law At first he felt flattered, but it didn’t take long before he dreaded facing several women who said and did things that made him very uncomfortable. He finally quit just to get away from them.

158. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law What kind of sexual harassment did Robert face?

159. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law ANSWER Disparate impact.

160. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law This act (the ADEA) prohibits employment agencies, employers with 20 or more employees, and labor unions of more than 25 members from discriminating on the basis of age. Age Discrimination in Employment Act

161. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law The act forbids discrimination against any person age 40 or older in hiring, firing, promotion, or other aspects of employment. Age Discrimination in Employment Act

162. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Americans with Disabilities Act This act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

163. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Americans with Disabilities Act The act defines disability as any “physical or mental impairment that substantially limits one or more of the major life activities.”

164. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 1. 1.What is discrimination? Section 21.2 Assessment

165. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned The unequal treatment of individuals based on sex, age, race, nationality, or religion. Section 21.2 Assessment Answer

166. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 2. 2.What is the objective of the Civil Rights Act of 1964? Section 21.2 Assessment

167. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned To prohibit discrimination in employment based on race, color, religion, sex, or national origin. Section 21.2 Assessment Answer

168. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned 3. 3.What is the mission of the Americans with Disabilities Act? Section 21.2 Assessment

169. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Reviewing What You Learned The act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job. Section 21.2 Assessment Answer

170. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Critical Thinking Activity Pregnancy Why did the legislature believe that it was appropriate to pass the Pregnancy Protection Act?

171. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Critical Thinking Activity Answer Pregnancy Answers will vary, but should recognize that the purpose of the act is to ensure the fair and equal treatment of pregnant women.

172. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Legal Skills in Action Sexual Harassment Your friend, Alison, believes that she has been the victim of sexual harassment.

173. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Legal Skills in Action Sexual Harassment She is apprehensive about reporting the harassment to the Human Resources Director at her place of employment, which is a requirement of the company’s anti- harassment policy.

174. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Legal Skills in Action Sexual Harassment Write a letter to Alison explaining whether she should file the complaint.

175. Understanding Business and Personal Law Legislation Affecting Employment Section 20.2 Employment Law Section 21.2 Assessment Legal Skills in Action Answer Sexual Harassment Letters will vary, but could point out to Alison the importance of following the proper procedures in order to stop the harassment.

176. Legislation Affecting Employment End of Section 21.2