Chapter 21 and 22 notes
Chapter 21 and 22 notes BLAW 231
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This 3 page Class Notes was uploaded by Kathleen Notetaker on Sunday September 6, 2015. The Class Notes belongs to BLAW 231 at Missouri State University taught by Nancy Allen in Spring 2015. Since its upload, it has received 13 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Business Law at Missouri State University.
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Date Created: 09/06/15
CH 21 Employment relationships I Employment at will a De ned i serve at the pleasure of your employer so can re you for any and no reason at all ii the employer or employee can terminate a relationship unless a contract or statute says other wise b Wrongful discharge i Can sue if had a contract or there is a state statute c Exceptions i Contract 1 Must follow language in the contract if it isn39t in the contract ii Fed or state statute iii Public policy 1 Cant re a worker bc they refuse to break the law 2 Dylan works at the nursing home horrible conditions and Dylan reports it and they say to mind your own business so he goes to the news and Dylan gets red whistleblower a Law protects them yaya Dylan H Family and medical leave act a Requires employer give employee up to 12 weeks of family or medical leave during any 12 month period Gender neutral so father or kid can get off work Have to keep the job open for them and give them health care Prevents employment discrimination against women for pregnancy Covers adopted or fostered child Covers serious medical condition like husband gets cancer Doesn39t apply to small employers only if have 50 or more employees because won t suffer the same hardship as a company with 5 people lll Employee privacy rights a Electronic monitoring in workplace ECPA i Prohibits the intentional interception of any wire or communication ii Anti bugging statute iii Have the business exception 1 Can monitor phone calls in the ordinary form of business iv Phone calls and emails 1 Zack bugs toilets l illegal break room illegal 2 Bugs of ce phones D legal because it39s a normal form of business communication 3 Employer can listen to personal phone calls through business phone 4 Insurance company lady always on phone so they decided to bug it and she made personal calls all day and was red so sued for invasion of privacy Lorhrnqpp a Court favored the employer and said that she didn39t have a reasonable expectation of privacy 5 Can monitor email because the computer is given to you by the company 6 Trend is that they can be monitored in the workplace b Other monitoring i Lie detector 1 Polygraph machinethe box 2 EPPA employee polygraph protection act a Cant require or suggest that employees take a lie detector test b Protects current and new hires so can39t use it on new applicants 3 Theft a Only exception to EPPA b Only if you are investigating theft including the theft of trade secrets ii Drug tests MO 1 Private employers can make their employees take drug tests if consented when took the job and if it is uniformly appHed 2 Constitution doesn39t protect you from private employers iii Ale tests 1 Some employers will test employees for AIDS 2 If came back positive it would be illegal to re them on basis of the test 3 Under the ADA cant discriminate against a worker based on a disability a Ale is protected under the ADA Ch 22 Employment discrimination I Title VII of civil rights act of 1964 a Protected class employees applicants and union members i Race color national origin sex religion l protected by title 7 KNOW THIS 1 Application a Applies if have 15 employees in the private sector b Small governments have to follow this rule no matter if have 15 or less employees 2 Procedures EEOC a If discriminated must take complaint to the Equal Employment Opportunity Committee EEOC b They decide if should have a lawsuit or not must go to them rst 3 Intentional discrimination quotDisparate treatment discriminationquot can sue for these reasons only have to show these 4 things ego9 Plaintiff is a member of a protected class Plaintiff applied for the job and was quali ed Plaintiff was rejected by the employer Employer continued looking for applicants or gave the job to someone not in protected class who was less quali ed 4 Unintentional discrimination a Disparate impact discrimination Sometimes have a hiring requirement or practice that didn t mean to discriminate Example have to be able to ABC Like cops have to go through an intense physical training very dif cult young men passed it in greater numbers 5 Discrimination based on a Race cannot discriminate on the basis of race b Religion Prohibits discriminating based on religion Religious institution or organization can show preference to their own faith Head coverings must accommodate religious beliefs iv Have to accommodate religious beliefs unless causes an undue hardship believe cant serve soda bc a vision can re c Gender 6 Constructive discrimination 7 Sexual harassment