1. Chapter 24 Employment Protection And Equal Opportunity

2. Laws Regulating Employment Conditions

3. 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

4. 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

5. 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.

6. Wages, Hours, and Benefits

7. FLSA Fair Labor Standards Act Minimum Hourly Wage Time and ½ for all work past 40 hours Employment of minors

8. 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

9. 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

10. 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.

11. Employee Privacy Rights

12. Federal Privacy Act Addresses the privacy of government employees Gives them… 1.The right to restrict inspection of their employment record 2.Be informed of their employment files 3.Be informed of the content of those files 4.Fix any mistake found in those files

13. Drug-free Workplace Act (1988) Applies to companies that have contracts with the federal government Must implement a plan or lose contract

14. Guidelines for Testing (4 th 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

15. 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)

16. Laws Providing Worker Benefits

17. 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

18. 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

19. 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

20. 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.

21. 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

22. Laws Regulating Employment Discrimination

23. Civil Rights Act of 1964 Title VII prohibits discrimination in employment based on sex, race, color, national origin, or religion. 15 or more employees

24. 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.

25. 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

26. 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

27. Pregnancy Discrimination Act An employer cannot discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.

28. 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

29. 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