C H A P T E R 6 Employment Law Chapter ??

Chapter Objectives After reading this chapter, you will know the following: Key legal issues in employment for sport managers Relevance of the doctrine of employment at will Primary issues in employment discrimination Key legal issues relevant to sexual harassment The main elements of federal employment legislation

Employment Issues An employee is fired from a job A qualified employee is not hired for a job A qualified employee is not promoted An employee’s work situation is made so bad that he or she must quit (continued)

Employment Issues (continued) An employee is injured during the scope of employment An employee is injured due to conditions in workplace Monitoring

Topics of Employment Law Employment at will Hiring, promotion, and retention Sexual harassment Employment laws Employee Health and Safety Others

Employment Relationship Contractual in nature Involves an express or implied agreement to perform personal services; agreement should cover salary, work duties, benefits Who is an employee? Is a university scholarship athlete? (continued)

Employment Relationship (continued) Employment-at-will doctrine: either the employer or employee may terminate the employment relationship at any time and for any reason Exceptions Federal legislation Implied contract Public policy

Employment Relationship (continued) Application of federal law Civil Rights Act Americans with Disabilities Act OSHA (workplace safety) Injury on the job: workers’ compensation Tort liability: determined by whether act was in scope of employment, vicarious liability Contract liability: agency principles

Issue Is a football player an employee of the university that he attends and for which he competes? Coleman v. Western Michigan: economic reality test applied Proposed employer’s right to control or dictate the activities of the proposed employee Proposed employer’s right to discipline or fire the proposed employee (continued)

Issue (continued) Payment of “wages” and, particularly, the extent to which the proposed employee is dependent on the payment of wages or other benefits for his daily living expenses Whether the task performed by the proposed employee was an integral part of the proposed employer’s business

Employment Laws Occupational Safety and Health Act (OSHA) Typical health and safety concerns? Twofold purpose To require employers to meet certain specific federally mandated safety standards To impose a general duty on employers to keep their workplace safe Protects employees who file complaints and requires record keeping (11 or more employees)

Hiring, Promotion, and Retention Discrimination (laws and protected classes) Civil Rights Act of 1964 (Title VII); EEOC Race, color, and national origin Gender Religion Age Discrimination in Employment Act (ADEA) Americans with Disabilities Act (ADA) Affirmative action

Discrimination: 1964 Civil Rights Act (Title VII) Protected classes Race, color, and national origin Gender Religion State laws may expand the categories of protected classes (e.g., sexual orientation)

Discrimination Treating employees or job applicants unequally on the basis of a personal characteristic or trait How do we find that discrimination occurred? Directly: employer’s discriminatory words or actions (“you were not hired because you are . . .”) or policy Indirectly (most common) Disparate treatment Disparate impact

Discrimination: Disparate Treatment Prima facie case A member of a protected class: race, color, national origin, religion, and gender Applied and was qualified Was rejected by the employer Position remained open or was filled by a person not in a protected class Victim files a claim with the EEOC or files a lawsuit

Defenses Used to justify a discriminatory practice Bona fide occupational qualification: identifiable characteristics reasonably necessary to the normal operation of a particular business Gender: fitness trainers at a single-sex health club Race: not a BFOQ

Discrimination: Disparate Impact Employer’s workforce must reflect the same percentage of members of protected classes as the local labor market Challenges Statistical analysis Defining the local labor market Prima facie case Employment practice has a discriminatory effect Connection shown between the employment practice and disparity

Defenses: Business Necessity Used to justify a discriminatory effect A valid business reason for choosing someone outside of protected class Gender: because of height, weight, and strength requirements, most firefighters hired were men Religion: because of faith-based days of worship, more hires are not of a particular faith (continued)

Defenses: Business Necessity (continued) Race: because business had valid reason to hire only workers with high school diplomas, most workers were nonminority Age (under the ADEA): because a job required strength and endurance, most workers were under the age of 60

Discrimination: Age (ADEA) Prohibits employment discrimination on the basis of age for people 40 and over Applies to businesses with 20 or more employees and whose activities influence interstate commerce Prima facie case 40 years old or older Applied and was qualified Rejected in circumstances that implied discrimination

Discrimination: Disabilities Americans with Disabilities Act of 1990 (ADA) Process Prove a disability: substantially limits one or more major life activities Prove qualified for the job Prove denied job because of disability (continued)

Discrimination: Disabilities (continued) Reasonable accommodation Employer finds work responsibilities and environments that place disabled employees in a position to be successful in performing job functions Undue burden

Sexual Harassment Constructive discharge Title VII of the CVA; EEOC Elements of sexual harassment Unwelcome sexual advances Not desired by the employee (victim) Conduct that creates a hostile or abusive work environment Can arise from either verbal or physical conduct (continued)

Sexual Harassment (continued) Types Quid pro quo Hostile work environment

Employment Laws COBRA HIPAA FMLA Requires that employer continue medical coverage (for a limited time) at option of terminated employee HIPAA Prohibitions on exclusion from medical coverage, and medical record confidentiality FMLA Unpaid leave of 12 weeks for family or medical reasons (continued)

Employment Laws (continued) Fair Labor Standards Act (FLSA) Child labor, overtime, and minimum wage Civil Rights Act of 1964 Discrimination based on race, national origin, gender, or religion ADEA Age discrimination in employment ADA Americans with disabilities