Law for Business, 15e by Ashcroft Chapter 29: Employees’ Rights Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business, a Division of Thomson Learning 1 1 1 1

Chapter 29 Objectives List the bases in federal law upon which an employer may not discriminate against employees. Explain the restrictions on employers in requiring invasive or offensive testing of employees and job applicants. Discuss three significant protections given to employees by federal or state law, municipal ordinance, or employer regulation.

Civil Rights Act of 1964 Disparate treatment - plaintiff alleges discrimination was against plaintiff alone. Disparate impact - employee must show that an action taken by employer that appears fair affects protected class. No intent to discriminate need be shown. Sexual harassment - employers must not engage in or allow unwelcome sexual advances.

Sexual Harassment Hostile work environment exists when harassing conduct alters the terms of employment and creates an abusive workplace. To prove work environment is hostile, it must be shown that an objectively reasonable person would find it abusive. To be actionable, the victim must be a member in a protected class.

Equal Pay Act An employer is not required to pay employees at the same rate if the payments are made on the basis of: Seniority system Merit system Quantity or quality production Differential of any factors other than sex

Americans with Disabilities Act Employer may not discriminate against qualified people with disabilities. Disability requires two elements: A physical or mental impairment. Substantial limitation of one or more life functions because of that impairment.

Testing Polygraph testing - may not be used unless: AIDS testing the employer is investigating a specific incident of economic loss; the employer provides security services; the employer manufactures, distributes, or dispenses drugs. AIDS testing Drug testing

Other Protections Family and medical leave Plant closing notification Smoke-free working environment

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