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Employment Regulation in the Workplace: Basic Compliance for Managers
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Description: Human resource compliance in today's increasingly complex legal environment has become a critical component of all HR activities. This text will acquaint readers with the major federal statutes and regulations that control management and employment practices in the American workplace. It is designed as a tool for management and business professionals, and the material is presented from a pro-business perspective of protecting the employer's interests and reducing exposure to litigation through monitoring activities and viable employee policies.
Employment Regulation in the Workplace includes many features that make it an effective learning tool. Each chapter opens with learning objectives and an example scenario, and contains numerous figures, boxes, and diagrams. Chapters conclude with listings of key terms, questions for discussion, and case exercises. The book also includes a comprehensive bibliography. It can be used for a wide variety of courses in Employee Relations and Employment Law at both the graduate and undergraduate levels.
An online instructor's manual with test questions, chapter outlines, case notes, PPT presentations, and more is available to adopters.
Selected Contents:
Preface and Acknowledgments
PART I. REGULATORY IMPACT
1. Impact of Regulation on Human Resource Practices
Learning Objectives
Opening Scenario
Are Employment Laws Being Broken?
Union Versus Nonunion Work Environments
A Brief History of Government Regulation of the Workplace: The First Period of Federal Regulation; The Second Period of Federal Regulation
Costs of Compliance: Fines or Loss of Contract; Litigation Costs; Opportunity Costs; Corporate Legitimacy
Government Laws and Regulations: Statutory Law; Classes of Employees Protected by the Act; Administrative Regulations
The Regulatory Agencies: Equal Employment Opportunity Commission; National Labor Relations Board; Occupational Safety and Health Administration; Office of Federal Contract Compliance Programs; Office of Labor Management Standards; Wage and Hour Division
The Federal Judicial System: Federal District Courts; U.S. Courts of Appeal; The Supreme Court; Case Law; Understanding Legal Citations
Managing Risk in a Legal Environment
Summary
Key Terms and Concepts
Discussion Questions
Notes
PART II. REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY
2. Equal Employment Opportunity: Regulatory Issues
Learning Objectives
Opening Scenario
The Historical Background of Equal Opportunity: Executive Orders; The Civil Rights Act Of 1964
The Purpose of Title VII: Employers Covered By Title VII; Employees Not Protected by Title VII
Filing Complaints and Charges: Filing a Charge with the EEOC; Deferral to a State Agency; Timeliness for Compensation Matters: The Lilly Ledbetter Fair Pay Act of 2009
Investigation Outcomes: No Cause; Dismissal; Reasonable Cause; Conciliation; Litigation; Who Litigates?; Frivolous Appeals
Two Theories of Discrimination: Disparate Treatment Theory of Discrimination
Steps in Conducting Case Analysis
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
3. Intentional Discrimination: Disparate Treatment
Learning Objectives
Opening Scenario
Intentional Discrimination
The Prima Facie Case: Suffering an Adverse Employment Action; Disparate Treatment; Less Qualified Members of the Same Class; Mixed Motive Decisions
Respondent's Rebuttal: BFOQs; Legitimate Nondiscriminatory Reasons
Complaining Party's Rebuttal
Remedies Under Disparate Treatment: Compensatory and Punitive Damages; The Legal Standing of Testers; Retaliation
Common Myths about Title VII: You must hire unqualified protected group members; You cannot discipline or discharge protected group members; You must give preferential treatment to protected group members; You must provide federal equal employment protection to people based on their sexual orientation; White males under 40 are not protected by federal law
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
4. Unintentional Discrimination: Disparate Impact
Learning Objectives
Opening Scenario
From Disparate Treatment to Disparate Impact: Disparate Impact; The Griggs Case
Establishing a Prima Facie Case
Determining Statistical Imbalances
Applying the Four-Fifths Rule
The Two or Three Standard Deviation Method
Bottom-Line Statistics
Respondent's Rebuttal: Demonstrating that Disparate Impact Does Not Exist; Other Means of Challenging Statistics; Examining Relevant Labor Markets; Countervailing Statistical Evidence
Stock Analysis: Age Discrimination and Disparate Impact
Outcomes of the Opening Scenario
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
5. Discrimination Based on Sex
Learning Objectives
Opening Scenario
Employment-Related and Other Forms of Sex Discrimination: Overt Sex Discrimination; Employee Discipline; Sex as a BFOQ; Disparate Impact on the Basis of Sex; Sex Stereotyping; Mixed Motives; Remedies for Mixed Motive; Sex-Plus Discrimination; Pregnancy Discrimination; Pay Differentials; Differentiating Benefits on the Basis of Sex
Sexual Harassment: Quid Pro Quo Sexual Harassment; Hostile Environment Sexual Harassment
Employer Liability for Sexual Harassment: Direct v. Vicarious Liability; The Affirmative Defense; Who Is a Supervisor?; Same Sex Sexual Harassment; Sexual Orientation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
6. Discrimination Based on Religion, Age, and Disability
Learning Objectives
Opening Scenario
Introduction
Religion: Exemptions for Religious Entities; Religious Discrimination; Religious Accommodation; Religious Accommodations and Union Dues
Age Discrimination in Employment: Establishing a Prima Facie Case of Age Discrimination; The Employer's Rebuttal; Age as a BFOQ; The Complaining Party's Rebuttal
ADEA and Disparate Impact: Remedies for ADEA Violations; No Protection for Those under 40
Protecting Workers with Disabilities: Americans with Disabilities Act; Covered Entities; Reasonable Accommodation; Pre-Employment Medical Inquiries; Direct Threat to Others/Threat to Self; The Americans with Disabilities Amendment Act of 2008; Confidentiality of Medical Information; Drug Testing Rehabilitation and the ADA
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
7. National Origin Discrimination and Immigration Issues
Learning Objectives
Opening Scenario
National Origin: Language; Accents; Proficiency in Languages Other than English
English-Only Work Rules
Immigration Issues and National Origin: Foreign Employers in the United States; Foreign Employees Working in the United States; American Employers Overseas
The Immigration Reform and Control Act of 1986: E-Verification; Penalties for Failure to Verify; Inpatriation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
8. Affirmative Action
Learning Objectives
Opening Scenario
The History of Affirmative Action: Arguments Supporting Affirmative Action; Arguments against Affirmative Action
Involuntary v. Voluntary Affirmative Action
Voluntary Affirmative Action: Consent Arrangements; Eligibility for Federal Contracts; Voluntarily Initiated Programs
Permissible Affirmative Action Plan Criteria: Justifying the Affirmative Action; Unnecessarily Trammeling Interests; Absolute Bars; Affirmative Action Must Be Temporary
Permissible Affirmative Action in the Public Sector
Developing An Affirmative Action Plan: Utilization Analysis; Goals and Timetables; Developing an Action Plan
Additional Reporting Requirements: Compelling Government Interest; Narrowly Tailored Programs
Avoiding Reverse Discrimination
Recent Developments and Confusion
Practical Application
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
PART III. REGULATION OF EMPLOYEE RELATIONS
9. Compensation: Wage, Hour, and Related Statutes
Learning Objectives
Opening Scenario
The Fair Labor Standards Act: Covered Employers and Employees; Minimum Wage; Nonexempt Employees; Exempt Employees; Other Minimum Wage Issues; Compensable Time; Child Labor Limitations; Record Keeping; Remedies and Penalties; Myths about the FLSA
Other Federal Compensation Laws: Davis-Bacon Act of 1931; Walsh-Healy Act of 1936; McNamara-O'Hara Service Contract Act of 1965; Worker Adjustment and Retraining Notification Act of 1988; Employee Polygraph Protection Act of 1988
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
10. Compensation: Benefits
Learning Objectives
Opening Scenario
Historical Perspective on Employee Benefits
Overview of the Regulation of Employee Benefits: Mandatory and Voluntary Benefits; Regulation of Mandatory Benefits
Regulation of Voluntary Health Benefits: Consolidated Omnibus Reconciliation Act of 1985, as Amended; Covered Employers and Plans; Qualifying Events for COBRA; Duration of Continued Coverage; Paying for the Coverage; Health Insurance Portability and Accountability Act of 1996
Regulation of Voluntary Retirement Benefits: Employee Retirement Income Security Act of 1974; Retirement Plans Not Covered by ERISA; Summary of ERISA's Major Provisions; Older Workers Benefit Protection Act of 1990; The Uniformed Services Employment and Reemployment Rights Act; Independent Contractors and Employee Benefits
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
11. Laws Affecting Workplace Health and Safety
Learning Objectives
Opening Scenario
Historical Overview of Workplace Safety
Exclusivity Principle
Compensable Injuries and Illnesses: Workers' Compensation; Controlling Workers' Compensation Costs; Employer Common Law Defenses; Mandatory v. Voluntary Participation; Worker's Compensation Benefits
The Occupational Safety and Health Act: The Occupational Safety and Health Administration (OHSA); OSHA Inspections and Outcomes; Challenging OSHA Citations; OSHA Standards; OSHA Inspections
State Regulation of Workplace Safety: Second-hand Smoke in the Workplace; Workplace Violence; Carpal Tunnel Syndrome and Other Musculoskeletal Disorders; Work-Related Emotion Stress Disorders; Sick Building Syndrome
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
12. Employment-at-Will, Employee Discipline, and Negligent Hiring Issues
Learning Objectives
Opening Scenario
Employment-at-Will
Contractual Exceptions to EAW: Explicit Contracts; Implied Contracts
Ensuring Due Process: Substantive v. Procedural Due Process; Conducting In-House Investigations; Negligent Hiring and Misrepresentation
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
13. Privacy and Recent Developments in Employment Regulation
Learning Objectives
Opening Scenario
Privacy Issues: Disclosure of Employee Information; Invasion of Privacy and Defamation
Employee Privacy in a Work Setting: Telephone Monitoring; Computer and Email Monitoring; Video Monitoring; Workplace Search and Seizure; DNA Testing
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
PART IV. REGULATORY MECHANICS
14. Job Analysis: The Foundation of Employment Decision Making
Learning Objectives
Opening Scenario
Information Provided by Job Analysis: Determining Essential and Nonessential Job Functions; Employment-Related Uses of Job Analysis; Other Uses of Job Descriptions; Why Job Analysis Does Not Provide an Adequate Defense
Why Organizations Do a Poor Job of Job Analysis
The Job Analysis Process: Planning for Job Analysis; Preparing for Job Analysis; Conducting the Job Analysis; Develop Job Descriptions, Specifications, and Performance Standards; Prepare the Finalized Job Descriptions, Specifications, and Performance Standards; Monitoring and Keeping Job descriptions, Specifications, and Performance Standards Current
Traditional Approaches To Job Analysis: Observation; Interviews; Questionnaires; Competency-Based Job Analysis
Legal Challenges to Job Analysis
Summary
Key Terms and Concepts
Discussion Questions
Case
Notes
15. Establishing Job-Relatedness: Validation
Learning Objectives
Opening Scenario
Job-Relatedness/Business Necessity
Employment Testing
Validation Studies: Content Validity; Construct Validity; Criterion-Related Validation
Predictive v. Concurrent Validation: Correlation of Prediction and Criterion Variables; Rules of Thumb for Correlations; A Scenario to Demonstrate Validation; Tests of Significance; Other Methods of Validation
The Complaining Party's Rebuttal
Performance Appraisals and Employment Discrimination
Summary
Key Terms and Concepts
Discussion Questions
Cases
Notes
Glossary
Index
About the Authors
Comment(s): "Students will enjoy that this textbook is inexpensive, and faculty will praise its thoroughness and clear organization. Faculty teaching courses dealing with employment law should definitely review it for possible course adoption." -- Thomas R. Tudor, University of Arkansas at Little Rock
"The authors are exceptional professionals in the field of Human Resource Management and I have the utmost respect for their capability in writing a text. The book is well organized and should be an exceptional resource for students. Many texts are either to academic and lacking in practical application, or to the contrary, lacking in the academic foundations needed for thorough understanding. I think this book hits the mark in providing the academic/practitioner balance that is lacking in many HR texts." -- David E. Gundersen, Stephen F. Austin State University
    
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