Legal Issues in the Workplace
Course Description
This course provides an overview of federal, state, and local regulation of the employer-employee relationship. Topics include employer-employee relationships; employment discrimination law overview and applications; labor relations law; discipline and termination processes; and contemporary issues.
Topics and Objectives
Employer-Employee Relationship
- Evaluate potential issues of agency and related liability in the employment context.
- Compare and contrast the status of "employee" vs. "temporary employee" vs. "independent contractor."
- Distinguish between employment contracts (implied or express) and at-will employment.
Employment Discrimination Law Overview
- Analyze the concept of equity in the workplace.
- Review the relevant anti-discrimination statutes, including Title VII, ADEA, ADA, Equal Pay Act, and Civil Rights Act of 1991.
Employment Discrimination Law Applications
- Demonstrate an effective process for responding to a charge or claim from a regulatory agency (e.g., EEOC, Dept. of Labor, state and local).
- Compare and contrast discrimination claims based on race, color, national origin, gender, religion, age, and disability.
Labor Relations
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Describe the history of the labor movement and labor laws.
- Compare and contrast labor relations in the public sector vs. the private sector.
- Analyze the legal implications of union organizing and other protected activities.
- Explain the concept of "bargaining in good faith."
Discipline and Termination Processes
- Analyze techniques for investigating and resolving employee grievances and complaints.
- Evaluate progressive discipline processes and techniques.
- Evaluate the elements of effective termination agreements and covenants not to compete.
Contemporary Issues
- Explore employment actions that may lead to claims of defamation or invasion of privacy (employment references, pending criminal claims).
- Analyze methods employers may use for the protection of proprietary information and intellectual property (common law duty of loyalty).
- Evaluate potential legal pitfalls of polygraph, drug, AIDS, and genetic testing.