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CHAPTER 40 LABOR AND FAIR EMPLOYMENT PRACTICES

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Requires extensive reporting on unions' financial affairs. ... Toyota Motor Manufacturing v. Williams (2002). 23 2004 West Legal Studies in Business ... – PowerPoint PPT presentation

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Title: CHAPTER 40 LABOR AND FAIR EMPLOYMENT PRACTICES


1
CHAPTER 40LABOR AND FAIR EMPLOYMENT PRACTICES
DAVIDSON, KNOWLES FORSYTHE Business Law Cases
and Principles in the Legal Environment (8th Ed.)
2
INTRODUCTION
  • Labor and fair employment practices laws provide
    the framework under which workers operate and
    under which employees are regulated and
    protected.
  • Labor law applies to the relationship between
    management and workers.
  • Fair employment practices law deals with employer
    rights and responsibilities.

3
FEDERAL LABOR LAW
  • Federal Statutes.
  • Unions not always a fact of life.
  • Violent and divisive battles characterized
    employer and pro-union workers relations.
  • Federal courts were hostile and viewed union
    activities as criminal conspiracies.
  • Clayton Act passed to shield unions from
    liability under antitrust laws, Supreme Court
    decisions narrowed statutory protection.

4
NORRIS-LAGUARDIA ACT (1932)
  • Immunized certain activities, e.g., peaceful
    refusals to work, from federal court action.
  • Authorizes boycotts and picketing.
  • Barred federal injunctions in the context of
    labor disputes as well as institution of yellow
    dog contracts.
  • Permitted employees to organize and collectively
    bargain.
  • Aimed at keeping courts out of the labor field.

5
THE WAGNER ACT (1935)
  • Encourages organizing activities and bargaining.
  • Allows workers the freedom to join unions.
  • Collectively bargain with an employer.
  • Engage in mutually beneficial activities.
  • Established National Labor Relations Board
    (NLRB)
  • Charged with administering and interpreting the
    unfair labor practice provisions of this law.

6
TAFT-HARTLEY ACT (1947)
  • Prohibits unfair labor practices by unions.
  • Separates the NLRBs functions.
  • Empowers the courts to grant various civil and
    criminal remedies.
  • Created the Federal Mediation and Conciliation
    Service for settling disputes between labor and
    management.

7
LANDRUM-GRIFFIN ACT (1959)
  • Requires extensive reporting on unions financial
    affairs.
  • Allows for civil and criminal penalties for
    corruption by union officers.
  • Provides a bill of rights for members regarding
    elections and meetings.
  • Mandates democratic procedures in the conduct of
    union affairs.

8
FEDERAL LABOR LAW
  • Further Issues
  • Questions arise when employees select their
    bargaining representative.
  • Employer resists the election/representation
    process, may attempt to decertify the union.
  • Certification process may raise property issues,
    because organizers ordinarily distribute union
    literature to employees in firms.
  • NLRB invalidates soliciting employees and
    distributing of literature during working hours.

9
FEDERAL LABOR LAW
  • Further Issues
  • Wagner Act requires good-faith bargaining by
    employer and the union.
  • Both sides can use economic weapons outside the
    bargaining room.
  • NLRB orders are not self-enforcing, they become
    law only when imposed by a federal circuit court
    of appeals.

10
LABOR
  • State Laws
  • State law regulating labor is preempted by
    federal law.
  • Matters peripheral to federal law or of deep
    state concern are subject to state regulation.

11
EMPLOYMENT LAW
  • Designed to ensure equal employment opportunity
    for persons historically foreclosed from the
    workplace.
  • Civil Rights Act of 1964.
  • Title VII of this Act applies to employers with
    15 or more employees.
  • Unions with 15 or more members or who operate a
    hiring hall and employment agencies.
  • Law forbids any form of employment discrimination
    on basis of race, color, religion, sex, or
    national origin.

12
EMPLOYMENT LAW
  • Civil Rights Act of 1964
  • Forbids disparate treatment.
  • Forbids disparate impact.
  • Forbids harassment.
  • Affirmative Action.
  • Sexual Harassment.

13
SEXUAL HARASSMENT
  • Although Title VII does not specifically mention
    sexual harassment as a form of sex
    discrimination, the U.S. Supreme Court has
    interpreted Title VIIs prohibition against sex
    discrimination to include a prohibition against
    sexual harassment.
  • There are currently two forms of recognized
    sexual harassment
  • Hostile Work Environment.
  • Quid Pro Quo.

14
HOSTILE WORK ENVIRONMENT
  • Hostile environment occurs when workplace is
    permeated with discriminatory intimidation,
    ridicule, insult so severe to alter the
    conditions of the victims employment.
  • The conduct in the workplace must be offensive to
    a reasonable person as well as to the victim, and
    it must be severe and pervasive.

15
HARASSMENT BY SUPERVISORS
  • Quid Pro Quo harassment involves the demands for
    sexual favors by a superior from a subordinate,
    in exchange for some workplace benefit.
  • Under certain conditions, an employer may be
    liable for the quid pro quo harassment committed
    by its supervisory employees.

16
SUPREME COURT GUIDELINES
  • Burlington Industries v. Ellerth (1998).
  • Company liable for harassment even though the
    employee suffered no adverse job consequences.
  • Faragher v. City of Boca Raton (1998).
  • Employer (city) could be liable for supervisors
    harassment even though the employer was unaware
    of the conduct. Harassment policies and
    procedures had not be distributed among
    employees.

17
SUPREME COURT GUIDELINES
  • Employers have a defense if
  • They took reasonable care to prevent and
    correct promptly any sexually harassing behavior
    by establishing and distributing effective
    harassment policies and procedures.
  • That the employee suing for harassment failed to
    follow these policies and procedures.

18
HARASSMENT BY CO-WORKERS
  • Employer generally liable only if employer knew
    or should have known and failed to take action.
  • Employee notice to supervisor is notice to
    Employer under agency law.
  • Employers may also be liable for harassment by
    non-employees.
  • Same-sex harassment also violates Title VII.

19
EMPLOYMENT LAW
  • Pregnancy Discrimination Act of 1978
  • Mandates pregnancy be treated as any other
    disability protected by law.
  • Expressly states that sex discrimination under
    Title VII includes discrimination on the basis of
    pregnancy, childbirth, or related medical
    conditions.

20
EMPLOYMENT LAW
  • Immigration Reform and Control Act of 1986 bans
    discrimination based on national origin or
    citizenship status.
  • Equal Pay Act of 1963 prohibits discrimination in
    wages on the basis of sex.
  • Age Discrimination in Employment Act of 1967
    protects workers aged 40 or older from adverse
    employment decisions based on age.

21
EMPLOYMENT LAW
  • The Rehabilitation Act of 1973 directs federal
    contractors to reasonably accommodate otherwise
    qualified handicapped individuals in connection
    with employment.

22
ADA
  • The Americans with Disabilities Act of 1990
    guarantees an individual with a disability
    equal access to public services and requires
    employers to make a reasonable accommodation in
    employment for qualified persons with
    disabilities.
  • Toyota Motor Manufacturing v. Williams (2002).

23
EMPLOYMENT LAW
  • Civil Rights Act of 1991
  • Amends earlier statutes to broaden the scope of
    protections afforded under anti-discrimination
    law.
  • Prohibits race norming of employment tests.
  • Allows compensatory and punitive damage awards
    and jury trials.

24
EMPLOYMENT LAW
  • Family Medical Leave Act.
  • Mandates that eligible employees receive up to 12
    weeks of leave during any 12 month period for
    certain family related events
  • Birth of a child
  • Placement of a child with the employee for
    adoption or foster care
  • Care of a seriously ill spouse, child, or parent
  • Serious health condition of the employee that
    make employee unable to perform and of the
    essential functions of the job.

25
EMPLOYMENT LAW
  • Other Fair Employment Practices Laws.
  • The Vietnam Era Veterans Readjustment Assistance
    Act of 1974.
  • Various executive orders.
  • Civil Rights Acts of 1866 and 1871.
  • State law.

26
EMPLOYMENT
  • Occupational Safety and Health Act
  • Mandates safe and healthful workplace conditions.
  • Act authorizes enforcement of standards through
    the Occupational Safety and Health Administration
    (OSHA).
  • Assists and encourages states efforts to assure
    safe and healthful working conditions.
  • Provides research, information, education, and
    training in the field of safety and health.

27
EMPLOYMENT
  • Social Security.
  • Provides federal benefits to the aged, the
    disabled, and other fully insured workers.
  • The Federal Insurance Contribution Act (FICA)
    taxes paid by employees and employers on wages
    earned by workers fund social security retirement
    benefits and Medicare.

28
EMPLOYMENT
  • Unemployment Insurance
  • Social Security covers unemployment insurance
    through the Federal Unemployment Tax Act (FUTA).
  • Represents a coordinated state and federal effort
    to provide economic security for temporarily
    unemployed workers.

29
EMPLOYMENT
  • Workers Compensation.
  • Provide financial benefits to reimburse workers
    for workplace related injury or death.
  • Compensation does not refer to wages or salaries
    but to money paid by the employer to indemnify
    the worker.
  • Imposes strict liability on the employer for
    injuries to employees during the scope to their
    employment.
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