Download Ch29: Employees Rights

29.1
Law for Business, 15e
by Ashcroft
Chapter 29:
Employees’ Rights
Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business, a Division of Thomson Learning
29.2
Chapter 29
Objectives

List the bases in federal law upon which
an employer may not discriminate
against employees.

Explain the restrictions on employers in
requiring invasive or offensive testing of
employees and job applicants.

Discuss three significant protections
given to employees by federal or state
law, municipal ordinance, or employer
regulation.
Civil Rights Act
of 1964

Disparate treatment - plaintiff alleges

Disparate impact - employee must show

Sexual harassment - employers must
discrimination was against plaintiff
alone.
that an action taken by employer that
appears fair affects protected class. No
intent to discriminate need be shown.
not engage in or allow unwelcome
sexual advances.
29.3
29.4
Sexual Harassment

Hostile work environment exists

To prove work environment is
hostile, it must be shown that an
objectively reasonable person would
find it abusive.

To be actionable, the victim must be
a member in a protected class.
when harassing conduct alters the
terms of employment and creates an
abusive workplace.
29.5
Equal Pay Act
An employer is not required to pay
employees at the same rate if the
payments are made on the basis of:
Seniority
system
Merit
system
Quantity or
quality
production
Differential
of any factors
other than sex
29.6
Americans with
Disabilities Act
 Employer may not discriminate
against qualified people with
disabilities.
 Disability requires two
elements:
 A physical or mental
impairment.
 Substantial limitation of one
or more life functions
because of that impairment.
29.7
Testing
 Polygraph
testing - may not be
used unless:
 the
employer is investigating a specific
incident of economic loss;
 the
employer provides security
services;
 the
employer manufactures,
distributes, or dispenses drugs.
 AIDS
testing
 Drug
testing
29.8
Other Protections
Family and medical leave
Plant closing notification
Smoke-free working environment
29.9
Do you have
any questions?