Employer-Employee Relationship

1

• Employer-Employee Relationship
• Hiring/Firing and Promotion
• Contract law rules
• employment at will
• wrongful discharge
• Statutory and regulatory rules
• employment discrimination
• labor relations
• financial relations
• workplace safety

2

• Common law claim of wrongful discharge
  prohibits an employer from firing a worker for a
  bad reason, but this is a narrow exception to the
  employment at will doctrine.
• The public policy rule prohibits an employer from
  firing a worker for a reason that violates basic
  social rights, duties, or responsibilities, such
  as
• Refusing to Violate the Law
• Exercising a Legal Right
• Performing a Legal Duty (like jury duty)

3

• WHISTLEBLOWERS Employees who disclose illegal
  behavior of their employers are protected in
  these situations
• Wrongdoing by government contractors
• Government employees speaking out on a matter of
  public concern
• Federal employees reporting illegal federal
  activity
• Reporting illegal activity for which the
  whistleblower himself could be in trouble
• Reporting a co-workers illegal activities

4

• Under the Equal Pay Act, an employee may not be
  paid a lesser rate (for equal work) than opposite
  sex employees.
• Title VII of the Civil Rights Act of 1964
• Prohibits employers from discriminating on the
  basis of sex, race, color, religion, or national
  origin.
• Religion Employers must make reasonable
  accommodation for a workers religious beliefs
  unless the request would cause undue hardship for
  the business.
• Affirmative action is not required by Title VII,
  nor is it prohibited.

5

• Title VII
• Disparate treatment focus on employers action
• Disparate impact focus on effect of employers
  action
• Process
• Plaintiff shows disparate treatment/impact
• Defendant shows job practice was job-related
• Plaintiff must show that ostensibly valid reason
  is merely a pretext for what is an underlying
  invalid reason

6

• Title VII
• Possible defenses for a charge of discrimination
• Merit
• Seniority
• Bona Fide Occupational Qualification
• E.g., firefighters qualifying written exam
• E.g., firefighters physical test
• E.g., beards and gas masks
• E.g., Hooters case

7
Sexual Harassment

• Involves unwelcome sexual advances, requests for
  sexual favors, and verbal or physical conduct of
  a sexual nature.
• Quid pro quo
• Hostile Work Environment
• A claim of sexual harassment might be valid if
  sexual innuendo is so pervasive that it
  interferes with an employees ability to do her
  (or his!) job.
• Pregnancy
• An employer may not fire or refuse to hire a
  woman just because she is pregnant.
• FMLA guarantees leave and right to return to
  the job
• Company vs. personal liability

8
Age Discrimination

• The Age Discrimination in Employment Act (ADEA)
  of 1967 prohibits age discrimination against
  employees or job applicants who are at least 40
  years old.
• Xerox cases

9
Americans with Disabilities Act

• A disabled person is someone with a physical or
  mental impairment that substantially limits a
  major life activity, or someone who is regarded
  as having such an impairment.
• An employer may not disqualify a job applicant or
  employee because of disability as long as she
  can, with reasonable accommodation (would not
  create undue hardship) perform the essential
  functions of the job.
• Sutton v. United Air Lines, Inc. Is bad
  eyesight a disability?

10
Employee Privacy

• In many places, off-duty conduct cannot be
  regulated by the employer (Ford)
• Alcohol and drug testing is allowed by private
  businesses government employees may test if
  signs of use are seen or if job safety is an
  issue.
• Employers may not require or even suggest the use
  of lie detector tests, except in investigations
  of crimes.

11
Electronic Monitoring of the Workplace

• The Electronic Communications Privacy Act of 1986
  (ECPA) permits employers to monitor workers
  telephone calls and e-mail messages if
• the employee consents,
• the monitoring occurs in the ordinary course of
  business, or
• in the case of e-mail, the employer provides the
  e-mail system.

12
National Labor Relations Act

• NLRA (or the Wagner Act)
• Created the National Labor Relations Board to
  enforce labor laws,
• Prohibits employers from penalizing workers who
  engage in union activity (for example, joining a
  preexisting union or forming a new one) and
• Certification/election
• Requires employers to bargain in good faith
  with unions.

13
Workplace Safety

• In 1970 Congress passed the Occupational Safety
  and Health Act (OSHA) to ensure safe working
  conditions.
• Sets specific health and safety standards.
• Obliges employers to keep workplace free from
  recognized hazards.
• Safety standards, procedures
• Health indoor air, training

14
Workplace Safety

• Rules inspections penalties
• Cost of rules vs. benefits of rules
• Specifying means vs. specifying ends
• Accident investigation penalties

15
Financial Protection

• Fair Labor Standards
• Passed in 1938, the Fair Labor Standards Act
  (FLSA) regulates wages and limits child labor.
• Minimum wage
• Workers Compensation
• Workers compensation statutes ensure that
  employees receive payment for injuries incurred
  at work.
• Schedules

16
Financial Protection (contd)

• Social Security
• Currently, the Social Security system pays
  benefits to workers who are retired, disabled, or
  temporarily unemployed and to the spouses and
  children of disabled or deceased workers.
• Pension Benefits
• In 1974, Congress passed the Employee Retirement
  Income Security Act (ERISA) to protect workers
  covered by private pension plans.