Business Law with UCC
Applications,13e
Employment Law
Chapter 23
McGrawHill/Irwin
Copyright © 2013 by The McGrawHill Companies, Inc. All rights reserved.
Learning Objectives
1. Explain the doctrine of employment-at-will.
2. Itemize the statutory situations that fall
outside employment-at-will.
3. Explain the contractual situations that fall
outside employment-at-will.
4. List the wrongful discharge exceptions to
employment-at-will.
5. Explain the after-acquired evidence rule.
232
Learning Objectives (cont.)
6. Explain the laws regulating employee
working conditions.
7. Outline the laws providing worker benefits.
8. Explain the provisions of the Civil Rights Act.
9. Explain the protections provided by the Age
Discrimination in Employment Act.
10.Explain the nature of and the need for a
social media policy.
233
Employment Law
• The Employment Relationship
– Employment-at-Will
– Wrongful Discharge
– After-Acquired Evidence Defense
234
Employment Law
• Employment-at-Will
– Contractual Exceptions
– Statutory Exceptions
235
Employment Law
• Wrongful Discharge
– Promissory Estoppel
– Fraud-Related Employment Cases
– Implied Contract
– Public Policy Tort
– Implied Covenant
– Intentional Infliction of Emotional Distress
236
Employment Law
• Laws Regulating Employment
Conditions
– Health and Safety Laws
– Fair Labor Standards Act
– Identity and Employment Eligibility
237
Employment Law
• Health and Safety Laws
– Occupational Safety and Health
Administration
238
Employment Law
• Fair Labor Standards Act
– Wage and Hour Exceptions and Exemptions
239
Employment Law
• Worker Benefits
– Social Security
– Unemployment Insurance
– Workers’ Compensation
– Pension Plan Regulation
– Family and Medical Leave Regulation
2310
Employment Law
• Family and Medical Leave Regulation
– Employer Responsibilities
– Employee Responsibilities
– Enforcement of FMLA Rules
– Military Amendments to the FMLA
2311
Employment Law
• Equal Employment Opportunity
– Title VII of the Civil Rights Act of 1964
– Age Discrimination in Employment Act
– Uniformed Services Employment and
Reemployment Rights Act
– Americans with Disabilities Act
– Genetic Information Nondiscrimination Act
2312
Employment Law
• Title VII of the Civil Rights Act of 1964
– Disparate Treatment
– Bona Fide Occupational Qualification
– Disparate Impact
– Business Necessity
– Workplace Harassment
– Affirmative Action and Reverse Discrimination
– Reverse Discrimination
2313
Employment Law
• Amendments to the Civil Rights Act
– The Pregnancy Discrimination Act
– Strengthening Disparate Impact
– Compensatory and Punitive Damages
– Other Effects of the 1991 Amendments
– Amendment to the Equal Pay Act
– After-Acquired Evidence in Relation to
Discrimination Cases
2314
Employment Law
• Americans with Disabilities Act
– Disabilities
– Activities and Individuals Covered by ADA
– Forbidden Practices
2315
Employment Law
• Social Media Policies
– The Social Media Culture
– The Nature of a Social Media Policy
– The Hazards Involved in Social Media
2316
Employment Law
• The Hazards Involved in Social Media
– The Proper Way to Construct a Social Media
Policy
– The Content of a Social Media Policy
– The Procedures Associated with a Social
Media Policy
2317