HRM/300 Fundamentals of Human Resource Management

University of Phoenix Material

Employment Laws Chart
Complete the chart below using information from the weekly readings and additional research if necessary.

Employment Law

Description and Requirement of Law

oes not allow discrimination on the basis of se!" race" gender during the hiring" promoting and firing process.

Court Case Influential to Establishment of Law

#eart of Atlanta $otel %nc. v. &nited 'tates" ()9 &.'. *41 +1964,

Importance of Law
%t is unlawful for any for any employer to fail or refuse to hire or discharge any individual" or discriminate against any individual with respect to compensation" terms" conditions" privileges or employment. ue to their" race" color" religion" se!" or national origin. 1he ..0C enforces the law set forth by the federal courts to prohibit discrimination against race" color" religion" se!" national origin" disability" or age. And the same goes for when promoting and firing these are all protected classes 1o allow women to receive e/ual pay as the men for the same type of 9ob. 6omen being treated as e/uals.

Workplace Application
'e!" Age" Race" -ender" and $arital 'tatus.

Civil Rights Act of 1964

./ual .mployment 0pportunity Act

./ual 4ay Act

1his act gives the gives the ./ual .mployment 0pportunity Commission +..0C,.1he authority to sue in federal courts when there is a reasonable cause that there has been employment discrimination based on his or her race" color" religion" se!" or national origin. 'tarted in 196(. 1his act allows women the right to have the same rights as men in the work force" allowing women to make the same as men in the work force" e/ual work e/ual pay.

1itle 2%% of the act created the ./ual .mployment 0pportunity Commission +..0C, to implement the law.

'e!" Race" Color" Religion or 3ational 0rigin

1here were two court cases that help decide the ./ual 4ay Act. 'chult5 v. 6heaton -lass Co. +19)7," &.'. Court of Appeals for the 1hird Circuit. And Coming -lass 6orks v. 8rennan +19)4," &.'.

-ender" 4ay Rate" Race

HRM/300 Fundamentals of Human Resource Management

Age iscrimination in .mployment Act of 196)

1his law protects people who are 47 or older from discrimination because of age. 1his law makes it illegal to discriminate against a /ualified person with a disability in the private sector and in state and local governments. 1o amend the Civil Rights Act of 1964 to strengthen and improve >ederal civil rights laws" to provide for damages in cases of intentional employment discrimination" to clarify provisions regarding disparate impact actions" and for other purposes. 1he >$:A allows employees to take up to 1* weeks of 9ob@protected leave in a 1*@month period for specified family and medical reasons. . 1he 4rivacy Act of 19)4" < &.'.C. A <<*a" establishes a code of fair information practices that governs the collection" maintenance" use" and dissemination of information about individuals that is maintained in systems of records by federal agencies.

6estern Air :ines v. Criswell

1he recognition that the elderly are still productive.

1he elderly will not be e!cluded or removed because of age; the decision will be based on work performance. 3o one with visible or unseen disabilities will be e!cluded from work.

Americans with Act of 1997

isabilities

8ragdon v. Abbott <*4 &.'. 6*4 +199=,

isabilities do not e/ual incapability of working.

&A6 v. ?ohnson Controls

Civil Rights Act of 1991

.mployees will be compensated financially or certain bills will be paid.

1he employer is responsible for either paying monetarily for damages or serve 9ail time.

>amily and $edical :eave Act +>$:A, of 199(

Coleman v. Court of Appeals $d.

?ob security with benefits in time of medical and family emergencies.

.mployers cannot withhold wages or fire employees for medical or family reasons.

oe v. Chao

4rivacy Act of 19)4

1he public reserves the right to know the information the &.'. -overnment has collected.

.mployers are re/uired to keep accurate employee records which may be collected by the &.'. -overnment.

HRM/300 Fundamentals of Human Resource Management

rug@>ree 6orkplace Act of 19==

1he rug@>ree 6orkplace Act of 19== re/uires some >ederal contractors and all >ederal grantees to agree that they will provide drug@ free workplaces as a precondition of receiving a contract or grant from a >ederal agency. 1his federal law established guidelines for polygraph testing and imposed restriction on most private employers. 6AR3 offers protection to workers" their families" and communities by re/uiring employers to give 67 days advance notice of covered plant closings and covered mass layoffs. 1his notice must be given to either the affected workers or their representatives +e.g." a labor union, plus the 'tate islocated 6orker &nit and the appropriate unit of local government.

.$.RA: '1..: >A8R%CA10R'" %3C. v. 8&R.A& 0> :A80R A3 %3 &'1R%.'

>ederal funds can be withheld if the parameters of Bdrug freeC are not met.

1he rug@free 6orkplace Act does not re/uire employers to establish an employee assistance program +.A4, or to implement drug testing as a part of the program.

4olygraph 4rotection Act of 19==

#armon v. C8 '/uared 'ervices" %nc.

3o 9ob discrimination based on lie detection.

%n general" businesses cannot re/uest" suggest or re/uire any 9ob applicant to take a pre@employment 4olygraph e!amination. amages for premature termination of employment without notice.

6orker Ad9ustment and Retraining 3otification Act +6AR3, of 19==

lvin '1A& 1" on 8ehalf of #imself and All 0thers 'imilarly 'ituated" 4laintiff@Appellant" v. -:A'1R03" %3C." efendant@Appellee.

4rotection from unlawful termination without notice.