Employment Protection

1
Chapter 24

• Employment Protection
• And
• Equal Opportunity

2
Laws Regulating Employment Conditions
3
OSHA (Occupational Safety and Health Agency)

• Agency of federal government that sets safety and
  health standards for most U.S. companies.
• Business with 11 employees

4
Inspections Occur

• Randomly, but must be announced
• When death or disaster occurs
• High Risk Industries
• When there are complaints from Employees
• Must be in writing (laws protect employees)
• Workplace cannot fire whistle blowers

5
Violations Found

• Employers can be fined for each violation found
• If employer recklessly disregards standard, the
  fine can be 10,000 per day with a cap of 70,000.

6
Wages, Hours, and Benefits
7
FLSA

• Fair Labor Standards Act
• Minimum Hourly Wage
• Time and ½ for all work past 40 hours
• Employment of minors

8
Equal Pay Act (1963)

• Amendment to FLSA
• States employers engaged in Interstate Commerce
  must pay women the same rate as men holding the
  same job
• Must be same not comparable

9
Employment Retirement Income Security Act (ERISA)
1974

• Pension Plan established by the employer or a
  union designed to provide income to employees
  after they retire
• Contributions must go into a trust fund that is
  independent from employer control
• Good faith, informing employees of their
  retirement benefits and submitting reports

10
Family and Medical Leave Act

• An employee of a company with 50 is entitled to
  12 weeks of leave during any 12 month period
• Covers birth, adoption, care for serious medical
  condition of family members
• Must be employed for at least 1 year before
  eligible.

11
Employee Privacy Rights
12
Federal Privacy Act

• Addresses the privacy of government employees
• Gives them
• The right to restrict inspection of their
  employment record
• Be informed of their employment files
• Be informed of the content of those files
• Fix any mistake found in those files

13
Drug-free Workplace Act (1988)

• Applies to companies that have contracts with the
  federal government
• Must implement a plan or lose contract

14
Guidelines for Testing (4th Amendment Rights)

• Employees/applicants must be notified of
  procedures
• Results must remain confidential
• Communication of results to employee
• Backup test when the first one turns positive
• Employee may challenge results

15
Employee Polygraph Protection Act (1988)

• Prohibits employers from using lie detector test
  either for the screening of employment or random
  testing of employees
• Exceptions
• Employer has good reason to suspect illegal
  activities
• Handling controlled substances (pharmaceutical
  industry)

16
Laws Providing Worker Benefits
17
Social Security Act (1935)

• Government program that provides continuing but
  limited income to workers and their dependents
• 9/10 workers participate
• Employers deduct an amount, match it, and send
  both to IRS (set of wages)
• Congress sets the percentage
• Social Security records are kept secret

18
Unemployment Compensation Laws

• System of government payments to people who are
  out of work and looking for a job
• Each state operates its own system

19
Workers Compensation Laws

• Occurs when there is a loss of income due to
  accidents or death on the job.
• Employers are responsible for paying into this
  fund

20
Fellow Servant Rule

• By 1959 all states had laws.
• If collected, an employee gives up the right to
  sue
• If collected, the employer gives up the right to
  use the defenses of assumption of risk,
  contributory negligence, and fellow servant rule.

21
Personal Responsibility and Work Opportunity Act
of 1996

• Created Temporary Assistance to Needy Families
  (TANF) Limit 5 years
• Recipients must hold a job, enter career
  programs, or face loss of payments
• This fund also allowed for child care
• Does not provide for immigrants

22
Laws Regulating Employment Discrimination
23
Civil Rights Act of 1964

• Title VII prohibits discrimination in employment
  based on sex, race, color, national origin, or
  religion.
• 15 or more employees

24

• Disparate Treatment
• The employer intentionally discriminates against
  an individual or a group belonging to one of the
  categories.
• Bona Fide Occupational Qualification (BFOQ)
• (modeling womens clothing)
• Disparate Impact
• An employer has a policy that on the surface
  seems neutral, but which unequal and unfair
  impact on members of protected groups.

25
Civil Rights Act of 1991

• Employer has the burden to prove a business
  necessity exists
• A qualification that is required to perform the
  job
• Allows not only back pay, but compensatory and
  punitive damages
• Limit 300,000

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Sexual Harassment

• Quid Pro Quo Harassment
• One worker demands sexual favors in exchange for
  some employment related decision
• Hostile Work Environment
• When a pattern occurs of severe and demeaning
  behavior has altered the workplace

27
Pregnancy Discrimination Act

• An employer cannot discriminate against a woman
  because of childbirth or physical problems
  associated with pregnancy or childbirth.

28
Age Discrimination in Employment Acts (1967
amended, 1978 - again, 1990)

• Prohibits employment agencies, companies of 20,
  unions of 25 from discriminating on the bases of
  age.
• 40 or over hiring, firing, promotion
• Last amendment protects pension plans

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Americans with Disabilities Act (1990)

• Forbids discrimination based on disability
  (physical or mental impairment)
• If they can do the essential functions of the job
• EEOC
  (Equal Employment
  Opportunity Commission)
• Has the power to stop unfair employment practices