Age Discrimination In Employment Act example essay topic

1. INTRO. (Page 360) Employment laws have been implemented to protect both employers and employees. Statutes that govern the relationship between the employer and the employee have been around for a long time. The early statutes, especially in England and the U.S., were to control and restrict workers.

The earliest statutes on wages were implemented to set maximum wages. Other statutes prohibited strikes and formation of unions by workers. Unlike earlier statutes, today's statutes on wages set minimum wages. Employers also have to comply with some statutes if they employ someone outside their own family.

So we can see some kind of movement from protecting the employers to the interest of the employees. 2. These changes were brought about part by industrial revolution, which changed the nature and conditions of work and the workplace. Due to use of heavy machinery, men, women, and children alike worked long hours, while others died or where disabled in accidents. Because of the way contract laws were interpreted, it was not possible for the workers to recover for their injuries or even keep their jobs if they brought forward a complaint. 3.

Because of all that, some states passed statutes to protect workers, set maximum workday for women to ten hours, and prohibited employment of children in certain industries. Some of these laws were declared unconstitutional most of the time because they were interpreted as interfering with freedom of contract, which is guaranteed by the Due Process Clause of The Fourteenth Amendment of the U.S. Constitution. Today, state and federal laws give the government more power to regulate business. These laws recognize the power of an employer over an employee and the possible abuse of that power.

We are going to go over employment laws in the next few minutes. 1. Workers Compensation. (Page 360) Workers' Compensation was enacted by most states between 1917 and 1925. Before it was enacted, it was virtually impossible for employees injured on the job to recover any damages. Although common law required that it was the employer's duty to have a safe work place, employers used "contributory negligence" and "assumption of risk" for their defense.

In other cases, the employer claimed "fellow servant rule", which basically said that the injury was as a result of another employee and the employer was not liable. The introduction of workers compensation put liability of injuries that occurred at the place of work on the employer "without regard to fault". (It's a compromise between the employer and the employee. Punitive and emotional damages cannot be recovered.) Not everyone is covered, for example, employers with three or less employees are exempt. Also protected are charitable organizations as well as farming industries. If you are not covered, you can sue the employer in tort.

2. Occupational Safety and Health Act (OSHA) (Page 361) The Occupational Safety and Health Act of 1970 apply to all businesses that affect interstate commerce. It imposes a general duty on employers to prevent hazard in the workplace in an effort to protect the safety and health of employees. Employers have to comply with health and safety standards established by the Secretary of Labor. Workers have to be informed of hazards chemicals in their workplace and are protected if they refuse to do work that they believe might cause death or injury.

Employers are required to report on-the-job injuries within forty-eight hours. It's enforced by Occupational Safety and Health Administration, whose inspectors can come to a workplace at any time without notice. 3. Family and Medical Leave Act (Page 362) This act provides job security to employees with serious health conditions, as well as leave periods for family related illnesses. It allows employees to balance work and personal life demands. Employees can get up to 12 unpaid weeks per year to take care of themselves, a spouse, a child, or a parent.

The requirement is that you must have worked at least 1,250 hours during the previous 12 months. This act affects employers with 50 or more employees. 1. Fair Labor Standards Act (Page 363) This act was passed in 1938 to set minimum hourly wage and pay time and half for any hours worked in excess of 40 hours a week, even if the employee works voluntarily.

Higher paid employees such as professionals, administrative, as well as executive are excluded. It also prohibits employment of children under 14 year old or older children in hazardous jobs, which is considered oppressive child labor. If an employer wrongfully withholds an employee's pay, the employer must pay twice the amount. The employee or the Department of Labor can bring a suit. Some states have their own wage statutes, as well as statutes dealing with garnishment of wages. The book cites a California statute that requires discharged employees to be paid immediately.

Garnishment is a court order that makes money or property held by a debtor (the garnishee) subject to the claim of a creditor. They limit the amount of wages subject to garnishment. 2. Employment Retirement Income Security Act. (ERISA) (Page 365) This act was established in 1974 to prevent problems such as careless management of funds, dishonest, or underfunding of employer and union-sponsored pension plans.

It also protects employees who are fired, change employers, or whose employers go out of business from loosing their benefits. Pension Benefit Guaranty Corporation was established to insure plans assets are not sufficient enough to pay benefits. The pension plan pays a premium for each covered employee to fund the corporation. The act is enforced by Internal Revenue Services and the Department of Labor. The next few acts are on union activities.

(Page 366-367) Unions have been around for a long long time. But many employers have been opposed to unions for as long as organized action by workers has been around. Workers who organized unions to seek hire wages and shorter hours were prosecuted for conspiracy because the courts their activities as criminal because they restrained trade. The book cites a strike for by printers in Philadelphia in 1786 for a $6-per week pay as the first recorded organized actions by workers in the U S. Employers used the "yellow-dog contract". This required anyone taking a job to promise not to join a union.

The yellow-dog contract was prohibited by the Norris-La Guardia Act, passed by congress in 1932, which also prohibited courts from issuing injunctions against lawful strikes. 3. The National Labor Relations Act (Wagner Act) (Page 367) The Norris-La Guardia Act did not give workers the right to organize and bargain collectively. The National Labor Relations Act gave workers the right to bargain collectively in 1935.

This act established the National Labor Relations Board (NLRB) to administer the act. Under this act, employers are prohibited from actions that deter union organization and bargaining. 1. The Labor-Management Relations Act (LMR A) (Page 367) The Labor-Management Reporting Act was born when congress amended the Wagner Act by the Taft-Hartley Act. It limits the excessive power of unions. The act also prohibits "hot-cargo agreements".

These are agreements where an employer and a union agree that the employer will not deal with products of another employer, who the union considers unfair to them. It's the job of the National Labor Relations Board to process unfair practices charges against unions and employers. This act also provides for 80-day cooling off period, if the president feels a strike might harm national safety or the health of the economy. (Lock-out: When an employer discontinues operation during a dispute) 2. Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) (Page 369) This act was passed in 1959 to promote honesty and democracy in running union affairs. It was born due to corruption and undemocratic procedures within unions.

Under this act, unions are required to report their internal procedures and their financial status to the Secretary of Labor. They are also required to have a Constitution and a Bill of Rights for the union members. 3. Equal Pay Act of 1963 (Page 369) This act prohibits sex discrimination in determining an employee's pay. Employees who work under the same conditions and have equal skills and responsibilities should be paid the same regardless of sex. The act does recognize that there are other factors that ply in the pay rate, including but not limited to seniority, merit, and shift differentials.

Equal Employment Opportunity Commission administers the act. (EEOC) 1. Title VII of The Civil Rights Act of 1964. (Page 370) Title Seven prohibits discrimination on the bases of race, color, religion, sex, or national origin for the purpose of hiring, firing, promoting, pay rate, or any other terms and conditions of employment.

It applies to employers whose industry affect interstate commerce and have at least fifteen employees. It also applies to unions, employment agencies, as well as government employment. Although "discrimination" is not defined in the act, its been interpreted to include intentional discrimination, for example, refusing to hire a male. It also includes discriminatory impact, which is a requirement that makes it hard for a large number of people to qualify, although that requirement is not necessary to perform the job. This could be anything from height to weight requirements.

(Page 371) 2. Title VII has also been interpreted to include sexual harassment. The book cites two kinds of sexual harassment: i) Quid pro quo ii) Sexually harassing environment Quid pro quo could be either expressed or implied link between the employee's submission to sexual behavior and job benefits. (Eg, if your boss tells you he wouldn't promote you unless you have sex with him) Sexually harassing environment is where an employer fails to prevent sexually hostile work environment. This could be by giving unchecked authority to supervisors, or failing to clearly state the company's policy against sexual harassment among its employees. There is some discrimination that is permitted based on religion, sex, or national origin, due to Bona fide occupational qualification.

For example, you cannot be a U S president if you are from Iraq, or a Muslim Kathi if you are a Christian. You may also be required to be a male in order to work in a males' locker room. (Page 372) 3. Affirmative Action, which is plans for increasing minority or women in an employer's workforce, aims at encouraging an employer to find and promote minority. It's totally voluntary, unless there is a court order.

The Equal Employment Opportunity Commission, which administers Title VII, can take action on its own or in response to complaints about discrimination by employees or applicants. 1. The Civil Rights Act of 1991 (Page 374) This was passed by congress as a reaction to some Supreme Court decisions in the late 1980's. Some of the cases that the Supreme Court had decided on reduced that ability of employees to bring discrimination claims successfully. This act overturned the Supreme Court decisions. It also extended Title VII to cover U S citizens working for U S companies abroad.

2. Age Discrimination in Employment Act. (EDE A) (Page 374) This act prohibits discrimination against employees because of age. It covers employers who have twenty or more employees. Employment agencies as well as labor unions are also covered. It protects people 40 years and older.

A Bona fide occupational qualification exemption is provided. It's also administered by Equal Employment Opportunity Commission. 3. Americans With Disability Act of 1990 (ADA) (Page 375) This act is administered by Equal Employment Opportunity Commission and prevents discrimination on the basis of disability. Disability could be i) physical, or mental impairment that limit someone's major life activities. It could also be ii) a record of such impairment or ) being regarded as having such an impairment.

It does cover mental and AIDS-related diseases. It doesn't cover alcohol or drug addiction. To qualify, an individual has to be able to perform essential functions of a job with or without "reasonable accommodation". Accessibility of facilities and provision of adaptive equipment without undue hardship to the employer is considered reasonable accommodation. 1 Employment At Will (Page 376) This is not an act, but rather a doctrine that allows employers to fire an employee who was not hired for a specific term for any reason. This is because the employee has freedom to quit at any time, just as the employer can cut its workforce anytime, based on the laissez-faire values of 19th century and has been widely abused.

Courts have used three theories in an attempt to reduce the abuse of employment at will. Firing i) is against public policy, ii) is in violation of implied terms of employment contract, ) violates an implied covenant of good faith and fair dealing. Employees are protected by the public policy exception for whistle blowing, which is reporting of employer wrong-doing. 2.

Employee Polygraph Protection Act (Page 378) The Employee Polygraph Protection Act was passed by congress in 1998 to protect employee privacy. Before then, employees could not refuse to take polygraph tests, and if they took the test, they could not control how the results were used. The act prohibits employers from using lie detector tests on applicants or employees, unless the employer can give grounds that an employee had access to and might be involved with material under investigation. Most states have laws that regulate the use of lie detector tests and require some qualifications for those who administer the test. 3. Drug Test (Page 378) Drug tests invade one's privacy because they can reveal information such as pregnancy, which has no impact on job performance.

Employees are protected by a constitutional right to privacy under the Fourth Amendment's search and seizure provisions, unless the employer can show that use of drug could threaten public safety in a particular job. Different states have different laws in this regard, so it's easier for employers to conduct drug tests in some states than others. Employees who occupy security-related jobs in transportation industry or safety-sensitive jobs are required by federal law to do drug tests. Other areas of concern include employers' use of videos, phones, and computers to monitor employees. Health Insurance Portability and Accountability Act was enacted to protect the privacy of an employee's health information.