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

Court Case Influential in Shaping Public Policy/Law

Heart of Atlanta Motel v. United States (1964) is a US case law the US Congress has the power to use the Constitutions Commerce Clause to force businesses to follow the Civil Rights Act of 1964. In Trans World Airlines v. Thurston (1985), the court holds that airlines must provide the same opportunity to the pilots who are retiring as it had provided to younger disabled pilots. Schultz v. Wheaton Glass Company (1970) is one of the important cases that help the US define the limitation of equal pay for men and women while the court holds that a job title with less pay regarding an employees gender is

Importance of Law

Workplace Application (who does the law affect and how)

Because the US Supreme Court ruled that Congress had no power to prohibit discrimination in private facilities or workplaces, it holds businesses must allow customer business from all races. All employees and applicants for employment are covered under this legislation. This law is to eliminate discrimination practices in the workplace.

Civil Rights Act of 1964

The milestone legislation in the United States that embraces against discrimination on the basis of race, ethnicity, religion, national origin, and minorities. It guarantees the fair dealing without considering race, religion, color, national origin, or gender.

This law ends the unequal application of racial segregation in the workplaces or public facilities.

Equal Employment Opportunity Act

This law is to ensure discrimination in employment is illegal.

Equal Pay Act

It ensures that everyone has the same amount of payment of wages by employers.

The law is to eliminate the payment inequality based on gender.

Employers cannot adjust the amount of wages based on an employees gender.

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Age Discrimination in Employment Act of 1967

Americans with Disabilities Act of 1990

It protects an illegal discrimination against anyone 40 years old and older in the US. This law is to protect against discrimination based on disability.

discriminating and illegal. Mahoney v. RFE/RL, Inc (1995) holds that age limit in employment is not allowed. In National Federation of the Blind v. Target Corporation, Target Corp was sued because the company website failed to design for persons with vision issues. Martin v. Wilks (1989) holds that it is permissible for white firefighters, not party to the lawsuit establishing any form of assent employing or promoting black firefighters in the Fire Department. Coleman v. Court of Appeals of Md. (2012) holds that the state is under the protection of the self-case provision of the Family and Medical Leave Act. In Doe v. Chao (2004), while a group of workers social security numbers is made public and is used to identify certain claims, and they sued for emotionally distress, the court holds that under the Privacy Act must prove the Actual harm, not just emotional distress. In Treasury Employees v, Von Raab (1989), the court holds that requiring employees to provide urine

It protects individuals who are older than 40 with the same opportunity as younger individuals. This law is to protect people with disabilities and ensure they have the same equality as everyone.

Civil Rights Act of 1991

Family and Medical Leave Act (FMLA) of 1993

An Act response to numbers of US Supreme Court decisions that have limitations on the employees rights sued the employers by their employees for discrimination. An Act requires employers to facilitate with unpaid leave and job-protected to their employees regarding family or medical reasons. This Act limits the use, collection, dissemination and maintenance of personally restricted information about individuals.

This Act is to combine two unlike civil rights Acts in the past while Civil Rights Act 1866 and Civil Rights Act 1964 passed over 50 years ago, and the discrimination issues approach differently. This entails larger employers to offer unpaid leave to certain employees in the US.

Employers cannot favor younger employee over an older employee in the workplace. Employers cannot discriminate against a candidate with a disability. This applies to hiring, job training, and other conditions related to employment. This Act is to combine two old Acts together. It states that an employee has certain limitation to sue their employer citing discrimination.

Privacy Act of 1974

This Act protects personal identifiable information that cannot be made public without notice or consent by the identifiable person.

This Act means employees have requirements of balancing works and family, and it provides certain protections to employees. Employers cannot disclose their employees personal information publicly without the employees consent and notice.

Drug-Free Workplace Act of 1988

This Act holds workplaces should be drug-free.

This law is to maintain the workplace drug-free.

This law means all employers and employees should have to be drugfree in maintaining the

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Polygraph Protection Act of 1988

This law is to regulate employers to use lie detector, i.e. polygraph tests for any employment or work-related Activities such as hiring.

Worker Adjustment and Retraining Notification Act (WARN) of 1988

It is the law to protect employees, their families, or communities that when employers with more than 100 employee close the business, it needs to provide at least 60 calendar days advanced notice for such Action.

samples is reasonable for certain circumstances. The court also ruled positive test outcomes could not be used in criminal prosecutions without the workers assent. In Harmon v. CB Squared Services, the court holds that although employees previously agreed to submit mediation for any claim legally, it prohibits waivers right to bring a lawsuit in court for violation at workplace. In North Star Steel Co. v. Thomas (2005), although WARN authorizes legal Action from employees against their employer who fails to give notice, it provides no limitation period for the Action. While in this case, the employer laid off 85 employees without 60 days notice, the court holds that there is no limitation for the period of the Action.

workplace safety.

This law holds employers cannot discriminate employees if they decline to take a polygraph test. However, this law permits polygraph testing under certain applicants, such as jobs related to security firms. The law is to protect employees including their hourly wage and salaried workers.

This law holds that any employer cannot discharge, discipline, or discriminate against their employees or job applicant for declining to take a polygraph test.

This law allows employees to have time to alter to the loss of employment.

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References
Coleman v. Court of Appeals of Maryland, 132 S.Ct. 1327 (3/20/12) DOE V. CHAO (02-1377) 540 U.S. 614 (2004) 306 F.3d 170 Employment Law Firms. (n.d). Retrieved from http://www.employmentlawfirms.com/resources/employment/discrimination/common-penaltiesassociated-with-age-discrimination Harmon v. CB Squared Services Incorporated, Retrieved from http://law.justia.com/cases/federal/district courts/virginia/vaedce/3:2008cv00799/237288/13/ Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964) Martin v. Wilks, 490 U.S. 755 (1989) Mayfair, A. (n.d). Small Business. Retrieved from http://smallbusiness.chron.com/consequences-age-discrimination-work-15806.html National Treasury Employees Union v. Von Raab 489 U.S. 656 (1989) North Star Steel Co. v. Thomas - 515 U.S. 29 (1995), Retrieved from http://supreme.justia.com/cases/federal/us/515/29/case.html Trans World Airlines, Inc. v. Thurston, 469 U.S. 111 (1985)