Employment Law: The Workplace Rights of Employees and Employers, 2nd Edition | by Benjamin W. Wolkinson | ISBN: 9781405134088. Occupational Safety and Health. Equal Employment Opportunity Law. The Law of Unjust Discharge. Employment of the Handicapped. Workers’ Compensation Guide
Employment Law: The Workplace Rights of Employees and Employers, 2nd Edition
by Benjamin W. Wolkinson
ISBN:9781405134088
A practical but rigorous guide to US employment law, this book examines the relevant statutes, judicial decisions, executive orders, and administrative policies that shape the respective rights of managers and workers at the workplace.
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Employment Law—The Workplace Rights of Employees and Employers, Second Edition
Chapter 1 – The Purpose of This Book
Overview
Overview of the Book
Part I – Equal Employment Opportunity Law
Chapter 2 – The 1964 Civil Rights Act—The EEOC and the Mandate for Equal Employment Opportunity
Background
Prohibited Acts of Discrimination
Administration of Title VII and Enforcement
Summary
Issues for Discussion
Notes
Chapter 3 – Evidence and Proof in Equal Employment Opportunity Cases
Disparate Treatment Discrimination
Disparate Impact
Application of Griggs to Non-scored Selection Instruments
Equal Employment Opportunities and Performance Evaluations
Title VII and Seniority Systems
Summary
Issues for Discussion
Notes
Chapter 4 – Gender and Leave Issues in Employment
Background
Pregnancy and Maternity Benefits
Family and Medical Leave Act
Notice and Certification
Sexual Harassment
Equal Pay Act
Comparable Worth
Conditions of Employment
Bias against Homosexuals and Transsexuals
Constitutional Considerations
Same Sex Domestic Partner Benefit Coverage
Summary
Issues for Discussion
Notes
Chapter 5 – Other Equal Employment Opportunity Classifications—Age, Religion, and National Origin Discrimination
Age Discrimination
Jurisdictional Scope
Use of Statistics
Older Workers Benefit and Protection Act
Waivers under the Age Discrimination Employment Act
Religious Discrimination Issues
Dress and Grooming Requirements
Other Expressions of Faith and Employer Diversity Policies
National Origin Discrimination
National Origin as a BFOQ
Immigration Reform Control Act of 1986
Summary
Issues for Discussion
Notes
Chapter 6 – Courts and Affirmative Action
Affirmative Action Plans
Judicially Imposed Affirmative Action
Legality of Employer Established Affirmative Action Programs
Preferences for Indians
Affirmative Action and the 1991 Civil Rights Act
Preferences Must Be Narrowly Tailored
Sex-Based Affirmative Action Programs
Impact of Affirmative-Action Programs
Issues for Discussion
Notes
Chapter 7 – Employment of the Handicapped
Historical Background
Rehabilitation Act of 1973
Medical Examination and Inquiries
Employment Standards
Employer Defenses
Reasonable Accommodation
Drug and Alcohol Abuse
ADA and FMLA
Summary
Issues for Discussion
Notes
Part II – Health and Safety
Chapter 8 – Occupational Safety and Health
Background
Occupational Safety and Health Standards
Enforcement Procedures
Record Keeping
Discrimination
State OSHA Programs
Related Issues
Summary
Issues for Discussion
Notes
Chapter 9 – Workers’ Compensation
Introduction
Origins
The Exclusive Remedy and Civil Lawsuits
Coverage
“Arising out of and in the Course of”
The Causal Relationship
Occupational Disease
Disability
Death
Special Funds
Disability Benefits
Health Care Benefits
Vocational Rehabilitation
Procedures
Security for Compensation
Firm-level Solutions
Issues for Discussion
Notes
Part III – New Developments
Chapter 10 – The Law of Unjust Discharge
Introduction
Historical Overview
Statutory Protections from Specific Types of Unjust Discharge
Judicially Created or “Common Law” Exceptions
Common Employer Responses and Likely Impact
Summary and Conclusions
Issues for Discussion
Notes
Chapter 11 – Employee Privacy
Overview
Surveillance
Investigation, Interrogation, and Searches
Health Based Intrusions into Employee Privacy
Summary
Issues for Discussion
Notes
Chapter 12 – Drug Testing and the Law
Introduction
Federal Regulation of Drug and Alcohol Testing
State Regulation of Drug and Alcohol Testing
Regulation of Drug and Alcohol Testing by Public Employers
Job Applicants
Technical and Methodological Issues
Summary and Conclusions
Issues for Discussion
Notes
Chapter 13 – Conclusion
Overview
Looking to the Future: Emerging Issues in Employment Law
Notes
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