BUS 278 - Employment Law

1. Examine the employment relationship  
   1.  Examine the definition of “employee” under employment laws
   2. Identify workers subject to employment laws and the implications for the employer and employee
   3. Explain the difference between an employee and an independent contractor
   4. Explore the risks related to employee misclassification
   5. Describe the legality of non-compete agreements
   6. Explain the at-will employment doctrine and the major exceptions
2. Analyze the key anti-discrimination laws and the role of equal employment opportunities in the workplace
   1. Identify the key federal and state anti-discrimination laws
   2. Explain the protected classes under Title VII
   3. Distinguish between disparate treatment and disparate impact discrimination claims
   4. Identify employer defenses to employment discrimination claims
   5. Identify the elements of an employee retaliation claim
   6. Outline remedies available under Title VII and the Civil Rights Act of 1991
3. Explore Title VII of the Civil Rights Act of 1964 
   1. Explain the history leading up the Civil Rights Act of 1964 
   2. Identify who is covered under Title VII
   3. Discuss what actions are prohibited by Title VII
   4. Describe how a Title VII claim is filed and proceeds through the administrative process
   5. Identify steps management can take to comply with Title VII and avoid discrimination claims. 
4. Explain the effect of anti-discrimination laws and regulations on an employer’s recruitment, hiring, testing, and evaluation of employees
   1. Describe how the recruitment environment is regulated by statutes and common law
   2. Identify job descriptions that comply with employment laws
   3. Identify testing and investigation procedures that comply with employment laws. 
5. Analyze affirmative action 
   1. Explain what affirmative action is and why it was created
   2. Identify the three types of affirmative action
   3. Define “reverse discrimination” and explain how it relates to affirmative action
   4. Explore the arguments for and against affirmative action
6. Examine race and color discrimination
   1. Explore the history of race discrimination 
   2. Identify how race and color discrimination manifest in the workplace
   3. Describe ways an employer can avoid liability for race and color discrimination
7. Explore national origin discrimination 
   1. Define the prima facie case for national origin discrimination under Title VII
   2. Explain the legality of “English-only” workplace policies
   3. Identify the difference between citizenship and national origin
   4. Explain the protection provided under the Immigration Reform and Control Act
8. Analyze gender, sexual orientation, and gender identity discrimination
   1. Identify Title VII and other laws related to gender, sexual orientation, and gender identity discrimination
   2. Examine the history of gender discrimination, as well as sexual orientation and gender identity discrimination
   3. Examine the significance of employers being inclusive of LGBTQ workplace protections
   4. Differentiate between legal and illegal personal appearance and dress code policies in the work place
   5. Differentiate between equal pay and comparable worth
   6. List ways employers can address and prevent gender discrimination and LGBTQ discrimination in the workplace
9. Explain sexual harassment 
   1. Define sexual harassment
   2. Distinguish between quid pro quo sexual harassment and hostile work environment harassment
   3. Explain employer liability for different types of sexual harassment claims
   4. Identify employer defenses to sexual harassment claims
10. Explore religious discrimination and an employer’s obligation to accommodate religious employees 
    1. Identify Title VII’s definition of religion for discrimination purposes
    2. Define religious accommodation and guidelines for employers
    3. Explain undue hardship as a defense to religious discrimination claims
    4. Describe religious harassment and provide examples  
    5. Identify ways employers can avoid religious discrimination claims in the workplace
11. Examine Age Discrimination
    1. Distinguish the ADEA from state age discrimination laws
    2. Identify the prima facie case of age discrimination under the ADEA
    3. Describe the bona fide occupational qualification defenses available to employers under the ADEA
    4. Recognize necessary elements to establish pretext under the ADEA 
    5. Define the parameters of a valid waiver of ADEA rights
12. Evaluate Disability Discrimination
    1. Outline the prima facie case for disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA), along with section 504 of the Vocational Rehabilitation Act of 1973
    2. Describe the term “disability” as it is defined by the ADA and offer examples of covered disabilities
    3. Explain the ADA disability claim based on a “perception of impairment” 
    4. Define “major life activity” and “substantially limited” according to court decisions under the ADA
    5. Describe how employers can determine the reasonableness of a proposed accommodation and the related burden-shifting framework
    6. Identify ADA defenses available to employers
13. Explore labor laws and labor unions
    1. Identify the major labor laws 
    2. Explore employees’ rights under the NLRA, including the right to unionize and engage in concerted activity 
    3. Explain unfair labor practices
    4. Distinguish collective bargaining in the public sector from collective bargaining in the private sector
14. Analyze employment benefits and protections
    1. Identify the items regulated by the Fair Labor Standards Act (FLSA)
    2. Discuss the minimum wage law requirements and to whom they apply
    3. Explain the Family Medical Leave Act (FMLA), to whom it applies, and an employer’s obligations under same
    4. Identify an employer’s safe workplace obligations under OSHA, as well as OSHA’s enforcement procedures
    5. Describe an employer’s reporting responsibilities under OSHA
    6. Explain the purposes of ERISA and who and what type of entities are covered
    7. Identify the minimum ERISA standards for employee benefit plans