The topic of employment law focuses on a number of important articles of legislation. Title VII of the Civil Rights Act of 1964 focuses on discrimination in the workplace.
Employment Law Focus.html
Employment Law Focus
The topic of employment law focuses on a number of important articles of legislation. Title VII of the Civil Rights Act of 1964 focuses on discrimination in the workplace. A later legislative act, the Americans with Disabilities (ADA) Act protects persons with disabilities. The Age Discrimination Employment Act (ADEA), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA) provide protection from most other discriminatory practices.
The FMLA provides protection to employees and families. It provides extended medical leave to employees in the event of a recognized physical or emotional life event, allowing them to return to work at the same position and salary. Application of the legislation becomes convoluted when organizations use agency staffing to cover gaps in the workforce. Many healthcare professionals are contracted on a regular basis to cover workforce shortages. The potential benefit afforded to an organization is the utilization of agency staffing for allied health professionals. The employer relationship with a temporary agency-allied healthcare professional is not same as it is with a full-time employee, and matters pertaining to the FMLA are addressed through the employment agency. However, there have been a series of court challenges regarding the FMLA and employment agency-allied healthcare professionals.
Employment at will provides discretion for both employee and employer in dealing with voluntary or involuntary employment separation. While the legislation provides certain liberties for employees and employers, it does not allow the abandonment of statutory employee protections pertaining to race, national origin, gender, age, religion, pregnancy, family status, veteran status, disability, ethnic makeup, and sexual orientation. It must be noted that individual state legislation varies.
Due process protections and protected property interest are afforded to government employees or specific contractual employees. Under these protections, employment may not be deprived in the absence of due process. A property right in continued employment exists when federal, state, or local laws, policies, contracts, or agreements provide that the employee will only be disciplined or dismissed for a just and proper cause.
Articles of Legislation Review the tabs to know more about some important articles of legislation.
Title VII of the Civil Rights Act of 1964
The Americans with Disabilities Act (ADA)
The Age Discrimination Employment Act (ADEA)
This media displays the important articles of legislation.
This is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations (AAUW, n.d., para. 1).
Reference: AAUW. (n.d.). Know your rights: Title VII of the Civil Rights Act of 1964. Retrieved from https://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/title-vii/
According to FindLaw (n.d.):
Griggs v. Duke Power Co. (1971): In this case, the Supreme Court decided that certain education requirements and intelligence tests used as conditions of employment acted to exclude African American job applicants, did not relate to job performance, and were prohibited. (para. 3) Cleveland Bd. of Ed. v. LaFleur (1974): The Supreme Court found that Ohio public school mandatory maternity leave rules for pregnant teachers violate constitutional guarantees of due process. (para. 4) Meritor Savings Bank v. Vinson (1986): The Court held that a claim of “hostile environment” sexual harassment is a form of sex discrimination that may be brought under Title VII of the Civil Rights Act of 1964. (para. 5) Johnson v. Transportation Agency (1987): The Court decided that a county transportation agency appropriately took into account an employee’s sex as one factor in determining whether she should be promoted. (para. 6) Price Waterhouse v. Hopkins (1989): The Supreme Court ruled that employment discrimination based on sex stereotypes is recognized as unlawful sexual discrimination under Title VII of the Civil Rights Act of 1964. (para. 7) Burlington Industries, Inc. Ellerth (1998): In this case the Court held that an employee who refuses unwelcome and threatening sexual advances of a supervisor (but suffers no real job consequences) may recover against the employer without showing the employer is at fault for the supervisor’s actions. (para. 8)
Reference: FindLaw. (n.d.). Employment discrimination: U.S. Supreme Court cases. Retrieved from https://civilrights.findlaw.com/discrimination/employment-discrimination-u-s-supreme-court-cases.html
This media displays the important articles of legislation.
This was signed into law on July 26, 1990. The ADA is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life to enjoy employment opportunities, purchase goods and services, and participate in state and local government services and programs. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin and Section 504 of the Rehabilitation Act of 1973, the ADA is an “equal opportunity” law for people with disabilities (ADA.gov, n.d., para. 1).
Reference: ADA.gov. (n.d.). Information and technical assistance on the Americans with Disabilities Act. Retrieved from https://www.ada.gov/ada_intro.htm
EEOC v. Sears, Roebuck & Co. (Consent decree entered 2009)
According to the U.S. Equal Employment Opportunity Commission (n.d.):
The Commission brought this landmark disability discrimination lawsuit alleging that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. The case resulted in the largest monetary recovery in a settlement of a single ADA lawsuit in EEOC history. (para. 3)
Reference: U.S. Equal Employment Opportunity Commission. (n.d.). The U.S. Equal Employment Opportunity Commission: Twenty years of ADA enforcement, twenty significant cases. Retrieved from https://www.eeoc.gov/eeoc/history/45th/ada20/ada_cases.cfm
This media displays the important articles of legislation.
The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the act’s requirements. The Age Discrimination Act is enforced by the Civil Rights Center.
The ADEA protects applicants and employees who are forty years of age and older from discrimination on the basis of age in hiring, promotion, discharge, and compensation; terms and conditions; and privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC) (U.S. Department of Labor, n.d., para. 1–2).
Reference: U.S. Department of Labor. (n.d.). Age discrimination. Retrieved from https://www.dol.gov/general/topic/discrimination/agedisc
Bank of Albuquerque: (D. N.M.) filed Dec. 27, 2011 by Phoenix District Office: The commission alleges that two charging parties, long-time management employees, were discharged and disciplined because of their gender and age and a third employee was disciplined because of her gender and age. More specifically, the commission alleges that the defendant terminated and disciplined the charging parties for reasons not applied to younger male managers and employees (U.S. Equal Employment Opportunity Commission, n.d., para 3).
Western Energy Services: (D. N.M.) filed Sep. 29, 2011 by Phoenix District Office: The commission alleges that charging parties, aged sixty-one and seventy-two, were discriminated against because of their age when the defendant failed to hire them for electrician positions. The defendant allegedly determined they were “too old” to perform the job duties despite being the next union members on the hiring list. Despite their vast work experience and qualifications, the defendant hired two lesser-qualified electricians in their 20s (U.S. Equal Employment Opportunity Commission, n.d., para. 5).
Reference: U.S. Equal Employment Opportunity Commission. (n.d.). Selected list of pending and resolved cases under the Age Discrimination in Employment Act (ADEA). Retrieved from https://www.eeoc.gov/eeoc/litigation/selected/adea.cfm
Additional Materials
From your course textbook, Human Resources in Healthcare: Managing for Success, read the following chapter:
Employment Law, Employee Relations, and Healthcare
From the Internet, read the following:
Labor and Employment Law Section. (2018). Enforcement of FDUTPA by competitors: Did the Florida legislature create a right without a remedy? Retrieved from http://www.laboremploymentlaw.org/blog/wp…/Practice-Tool-Kit-Article-Due-Process.pdf/
The Balance. (2018). What does employment at-will mean? Retrieved from https://www.thebalance.com/what-does-employment-at-will-mean-2060493
The Balance. (2017). Exceptions to employment at will. Retrieved from https://www.thebalance.com/exceptions-to-employment-at-will-2060484
The ‘Lectric Law Library. (n.d.). The rights of employees. Retrieved from https://www.lectlaw.com/files/emp08.html
U.S. Department of Labor. (n.d.). Fact Sheet #28N: Joint employment and primary and secondary employer responsibilities under the Family and Medical Leave Act (FMLA). Retrieved from https://www.dol.gov/whd/regs/compliance/whdfs28n.pdf
U.S. Equal Employment Opportunity Commission. (n.d.). The Age Discrimination in Employment Act of 1967. Retrieved from https://www.eeoc.gov/laws/statutes/adea.cfm
Federal Laws and Regulations. (n.d.). https://www.samhsa.gov/workplace/legal/federal-laws#FMLA
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