chapter 24 employment protection and equal opportunity
TRANSCRIPT
Chapter 24
Employment Protection And
Equal Opportunity
Laws Regulating Employment Conditions
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
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
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.
Wages, Hours, and Benefits
FLSA Fair Labor Standards
Act
Minimum Hourly Wage
Time and ½ for all work past 40 hours
Employment of minors
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
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
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.
Employee Privacy Rights
Federal Privacy Act
Addresses the privacy of government employees
Gives them…1. The right to restrict inspection of their
employment record2. Be informed of their employment files3. Be informed of the content of those
files4. Fix any mistake found in those files
Drug-free Workplace Act (1988)
Applies to companies that have contracts with the federal government
Must implement a plan or lose contract
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
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)
Laws Providing Worker Benefits
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
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
Worker’s 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
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.
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
Laws Regulating Employment Discrimination
Civil Rights Act of 1964
Title VII prohibits discrimination in employment based on sex, race, color, national origin, or religion.
15 or more employees
Disparate Treatment The employer intentionally discriminates
against an individual or a group belonging to one of the categories.
Bona Fide Occupational Qualification (BFOQ)(modeling women’s 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.
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
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
Pregnancy Discrimination Act
An employer cannot discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.
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
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