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20 terms

BUS303 - Week 2

Chapter 2 topics - legal impacts of staffing
STUDY
PLAY
Employment Relationship
Employer-employee
Independent contractors
Temporary employees
Employer-Employee
Rights of Employer:
specify the expected results
specify the work methods
Responsibilities of Employer:
withhold payroll taxes
pay taxes
follow various employments laws and regulations
liable for the actions of the employee
Employment-at-Will
Independent Contractor
Rights of Employer:
loses ability to specify how and when work is done
Responsibilities of Employer:
does not have to withhold payroll taxes or pay taxes
reduced exposure to employments laws and regulations
Misclassification
FLSA - employment relationship must be distinguished from a contractual one
Temporary Workers
Employee of staffing agency, assigned to client
Co-employment
"Perma"-temps
Mediating risk
Need for Laws and Regulations
Balance of power
Protection of employees
Protection of employers
Sources of Laws and Regulations
Common law
court made
Constitutional law
derived from the Constitution
Statutory law
Written statutes
Agencies (federal/state)
EEO Laws
Civil Rights Act
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Genetic Information Nondiscrimination Act (GINA)
Summary of EEO laws
Illegal to discriminate against someone due to: race, color, religion, sex (including pregnancy), national origin, age (40+), disability or genetic condition
Forbids discrimination in every aspect of the employment relationship
Illegal to retaliate due to a claim
Disparate Treatment
Involves allegations of intentional discrimination where employer knowingly discriminated on basis of specific characteristics
Evidence
May be direct
May consist of a mixed motive
May be inferred from situational factors
Disparate Treatment - Situational factors
1. Person belongs to a protected class
2. Person applied for, and was qualified for, a job employer was trying to fill
3. Person was rejected despite being qualified
4. Position remained open and employer continued to seek applicants as qualified as person rejected
Disparate / Adverse Impact
Focuses on effect of employment practices, rather than on motive or intent underlying them
As a result of a protected characteristic, people are adversely affected by an employment practice
Civil Rights Act of 1964
Unlawful employment practices
Establishment of disparate impact
Disparate treatment
Mixed motives
Bona fide occupational qualification (BFOQ)
Testing
Test score adjustments
Seniority or merit systems
Employment advertising
Pregnancy
Preferential treatment and quotas
Age Discrimination in Employment Act (1967)
Prohibited age discrimination
BFOQ
Factors other than age
Seniority systems
Employment advertising
Americans with Disabilities Act (1990)
Prohibited discrimination
Definition of disability
Physical and mental impairments substantially limiting a major life activity
Qualified individual with a disability
Essential job functions
Reasonable accommodation and undue hardship
Selection of employees
Medical exams for job applicants and employees
Affirmative action
Genetic Information Nondiscrimination Act (2008)
prohibits the use of genetic information in employment process confidentiality in genetic info required.
ex of information:
individual genetic tests or tests of family members
health conditions of family members
Rehabilitation Act (1973)
Federal contractors
Prohibited discrimination
Affirmative action
Executive Order 11246 (1965)
Federal contractors
Prohibited discrimination
Affirmative action
Immigration Reform and Control Act (1986)
Purpose
To prohibit employment of unauthorized aliens
To provide civil and criminal penalties for violations
Prohibited discrimination
Employment verification system -- I-9 form
Temporary foreign workers
Enforcement
Fair Credit Reporting Act (1970)
Purpose
Regulates organization's acquisition and use of consumer reports on job applicants
Required compliance
Before obtaining a report, organization must
Give applicant notice in writing a report may be obtained
Obtain written authorization from applicant
If an "adverse action" is taken, organization must
Notify (written, oral, electronic) applicant of adverse action
Provide information of consumer reporting agency to applicant
Provide notice of applicant's rights to applicant
Enforcement
Enforced by Federal Trade Commission
Noncompliance may result in fines up to $1,000
State/Local EEO/AA laws
Often patterned after federal laws
Basic provisions vary from state to state
Often provide protections beyond those contained in federal laws and regulations