Employment Law

Course Description

This course provides an overview of federal statutes and state-regulated areas that impact the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge.

Topics and Objectives

The Legal Environment of Employment

  • Define what constitutes an "employer" and an "employee" for purposes of application of employment law.
  • Analyze the relationship among "employment-at-will," wrongful discharge, and constructive discharge and their applications.
  • Explain the discrimination complaint process, including possible outcomes of an employee complaint.
  • Review the methods and terminology involved in case analysis and basic legal research as applicable to employment and discrimination case law.

Employment Discrimination

  • Evaluate the impact of Title VII of the Civil Rights Act of 1964 upon the employment environment and the manner in which grievances may be addressed under the Act.
  • Analyze the implications of workplace discrimination, both as to types of discrimination that are covered by Title VII and its amendments (PDA, ADA, ADEA), and those that are not.
  • Review current law on sexual harassment in terms of addressing complaints in the workplace.

Affirmative Action, Labor Relations, And Major Employment Law Legislation

  • Discuss the applicability of affirmative action to certain employers as compared with the requirements of Equal Employment Opportunity under Title VII.
  • Define workplace responsibilities as impacted by major employment law legislation.
  • Identify the appropriate legal manner in which management must respond to union organizing activities.
  • Delineate the implications of landmark legislation that contributed to the development of U.S. labor relations.

Job Performance Management and Employee Rights

  • Examine the legal considerations of the various types of tests administered in the workplace.
  • Interpret the legal implications relating to performance evaluation methods and the regulation of work on the job.
  • Compare and contrast the rights of privacy afforded to public and private sector employees in the workplace, and their implications.

Employee Safety, Health, and Welfare

  • Analyze the roles of employers and government agencies in promoting employee safety, health, and welfare.
  • Explain the purpose of workers' compensation statutes and the remedies they make available to workers injured on the job.
  • Analyze laws that protect employee workplace rights and retirement, savings, and insurance benefits.

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