The document discusses employment law and exceptions to at-will employment such as public policy violations like firing an employee for refusing to violate the law or exercising legal rights. It also covers discrimination law including disparate treatment, disparate impact, religious accommodation requirements, and affirmative action programs. Employers can defend against discrimination claims by showing a bona fide occupational qualification or business necessity for their employment actions.
This document summarizes retaliation claims under various laws. It discusses that retaliation is prohibited under Title VII, the Illinois Human Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, common law retaliatory discharge, the Illinois Whistleblower Act, and the Fair Labor Standards Act. It outlines the protected activities, required adverse actions, standards of proof for causation, and statutes of limitations for retaliation claims under each law.
The document provides information about the Deccan Society of Gastrointestinal Endoscopist (DSGE) conference including details of the organizing committee, schedule of events, guest faculty, academic sessions, registration status, and sub-committees formed to manage different aspects of the conference. Key details include that the conference is being held from August 2-3, 2008 in Sawantwadi, Sindhudurg and is being organized by the Sindhudurg Surgical Society.
This document discusses information security as a key competence that should be taught in education frameworks and curricula. It outlines several frameworks that reference information security concepts, including protecting confidentiality, integrity, authenticity, availability, and reliability of information. The document proposes implementing information security education through learning tasks and a planning grid for lower secondary education. It argues that information security is ubiquitous and important for students to learn about given humans' vulnerability in the digital world.
This document provides a summary of repertory case taking guidelines from Hahnemann's Organon of Medicine aphorisms 83-86. It discusses taking an unbiased individualized case history, arranging symptoms systematically, and eliciting precise details about each symptom such as timing, location, sensations, and aggravating/relieving factors. The document then provides several case examples and rubrics.
This document reflects on the role of software tools in informatics teaching based on a study in Austrian secondary schools. Some key points:
- Software tools play a dominant role in informatics education and their use is interwoven with teaching underlying concepts.
- A survey of Austrian teachers found a wide variety of tools used, with Microsoft Office being most common in 9th grade and databases, web design tools, and programming languages used more in 10th-12th grades.
- Many teachers are interested in training on specific software products. Their tool use focuses on both application software like Office and development software like programming languages.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
This document summarizes retaliation claims under various laws. It discusses that retaliation is prohibited under Title VII, the Illinois Human Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, common law retaliatory discharge, the Illinois Whistleblower Act, and the Fair Labor Standards Act. It outlines the protected activities, required adverse actions, standards of proof for causation, and statutes of limitations for retaliation claims under each law.
The document provides information about the Deccan Society of Gastrointestinal Endoscopist (DSGE) conference including details of the organizing committee, schedule of events, guest faculty, academic sessions, registration status, and sub-committees formed to manage different aspects of the conference. Key details include that the conference is being held from August 2-3, 2008 in Sawantwadi, Sindhudurg and is being organized by the Sindhudurg Surgical Society.
This document discusses information security as a key competence that should be taught in education frameworks and curricula. It outlines several frameworks that reference information security concepts, including protecting confidentiality, integrity, authenticity, availability, and reliability of information. The document proposes implementing information security education through learning tasks and a planning grid for lower secondary education. It argues that information security is ubiquitous and important for students to learn about given humans' vulnerability in the digital world.
This document provides a summary of repertory case taking guidelines from Hahnemann's Organon of Medicine aphorisms 83-86. It discusses taking an unbiased individualized case history, arranging symptoms systematically, and eliciting precise details about each symptom such as timing, location, sensations, and aggravating/relieving factors. The document then provides several case examples and rubrics.
This document reflects on the role of software tools in informatics teaching based on a study in Austrian secondary schools. Some key points:
- Software tools play a dominant role in informatics education and their use is interwoven with teaching underlying concepts.
- A survey of Austrian teachers found a wide variety of tools used, with Microsoft Office being most common in 9th grade and databases, web design tools, and programming languages used more in 10th-12th grades.
- Many teachers are interested in training on specific software products. Their tool use focuses on both application software like Office and development software like programming languages.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
The document discusses an RGA100, 100 kW gas heater manufactured by Elster Group at their plant in Amerongen, The Netherlands. It includes the product information, date, and copyright details for the Elster Group, who owns the trademarks for the Elster name and logo. The document also briefly mentions a P100, 100kW Petrol product.
This was presented in June 2012 at the APG's 'Noisy Thinking' evening in London. It was part of a debate on 'Global or Local Planning - Which Would You Rather Do?' with Guy Murphy and Jackie Hughes. The accompanying short teaser is at http://www.youtube.com/watch?v=RL_PSY2bKZM&feature=plcp
National FORUM Journals - William Allan Kritsonis, PhDWilliam Kritsonis
This document provides an overview of 11 articles written by doctoral students at Prairie View A&M University exploring the implementation of William Allan Kritsonis' Ways of Knowing Through the Realms of Meaning as a conceptual framework for strategic planning in education. The articles discuss how the six realms of meaning - symbolics, empirics, esthetics, synnoetics, ethics and synoptics - can be applied to areas like professional learning communities, instructional leadership, and school improvement planning. The document introduces each article and explains that they were written to partially fulfill a course requirement taught by Dr. Kritsonis on using his realms of meaning framework for strategic planning.
This document is a presentation by Neha Singh about her life over the past year. It describes how last year she had many issues including no money, so she picked trash, and struggled in school with no help on homework because her parents couldn't read. However, this year things have improved - she now has tutors to help her study, enjoys playing baseball with Carl Ripken Jr., can play on a sports team, and her photography has gone professional with exhibitions. While she still lives in a slum and helps her parents earn money, she now has more hope and opportunities through Empowerment International.
The document provides an overview of key concepts in education law, including the following:
1) It outlines the four main sources of law: constitutional law, legislative law, judicial law, and administrative law. It also discusses common law. 2) It summarizes several important clauses and amendments of the U.S. Constitution related to education, such as the General Welfare Clause, Contracts Clause, and various amendments regarding rights. 3) It describes the federal and state court systems for handling education cases and the administrative appeals process.
Life through a child's lens. An exciting new children's photo project from CAFOD, the Catholic Agency for Overseas Development
http://www.cafod.org.uk/picturemyworld
1. The document provides a summary of the author's experience at Cannes Lions International Festival of Creativity, describing various events and presentations they attended.
2. At one presentation by Wendy Clark from Coca-Cola, the author had a difficult view from high up in the theater but was moved to tears by a film about a blind man feeling the World Cup trophy. Clark discussed Coca-Cola's use of social media to understand consumers and touch simple human emotions.
3. The author found it difficult to pace themselves amid the busy schedule of content, meetings, and work. They ended up returning to the crowded and expensive Carlton Terrace terrace multiple times to socialize.
4.
"Affitta un nonno" is a collaborative service for Quarto Oggiaro, a neighborhood in Milan.
It is based on the important role of the grandparents in our society.
This document appears to be a collection of excerpts from various articles or documents discussing theological topics like salvation, God's nature, and karma. It touches on Jesus answering questions about whether certain people's deaths were the result of their sins, discusses the idea of an angry or punishing God, examines the concept of karma and personal responsibility, and considers the kind of God that Yahweh and Jesus represent based on qualities like love, power, patience, and emotionality. The document does not have a clear overall theme or message and seems to be a miscellaneous assortment of quotes on theological issues.
This document provides an overview of different approaches to studying and interpreting the New Testament. It discusses examining the world behind the text by studying the historical and cultural context, the text itself through methods like textual criticism and source criticism, and the world within the text using genre analysis and intertextuality. It also addresses the role of the reader and reader-response approaches that consider ideological and identity-related factors. The diagram maps these various dimensions of encountering and approaching the NT.
- Southern Sudan held a referendum in January 2011 to separate from northern Sudan after decades of civil war, but faces immense challenges ahead as one of the poorest regions in the world.
- The civil war damaged infrastructure and education, with over 90% of women unable to read or write, and the new nation must work to provide schools and healthcare.
- Issues remain unresolved with northern Sudan like citizenship, borders, and resource sharing, threatening the stability of the new country.
Requests for information, NATIONAL FORUM JOURNALS - www.nationalforum.comWilliam Kritsonis
This document contains a list of names, last names, and email addresses of people who have requested information about NFJ. There are over 100 entries listed with names, last names, and corresponding email addresses. The document is formatted in a table with commas separating the name, last name, and email address for each entry.
Southern Sudan faces immense challenges after voting to separate from the north in a January 2011 referendum. Some of the major challenges include rebuilding infrastructure like roads, increasing access to clean water, healthcare and education after decades of civil war left the region as one of the poorest in the world. Critical issues around citizenship, borders, and resource sharing with the north also remain unresolved. Providing support and services for over 200,000 returning refugees will further strain already limited resources.
Employment Law - Lecture Notes William Allan Kritsonis, PhDWilliam Kritsonis
This document summarizes key aspects of employment law in the United States. It discusses the at-will employment doctrine and public policy exceptions. It also covers discrimination laws including Title VII prohibiting discrimination based on race, sex, religion, etc., the Age Discrimination in Employment Act, and the Americans with Disabilities Act. The summary provides overviews of concepts like disparate treatment, disparate impact, bona fide occupational qualifications, sexual harassment, reasonable accommodations, and prohibited categories of discrimination.
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
The document discusses an RGA100, 100 kW gas heater manufactured by Elster Group at their plant in Amerongen, The Netherlands. It includes the product information, date, and copyright details for the Elster Group, who owns the trademarks for the Elster name and logo. The document also briefly mentions a P100, 100kW Petrol product.
This was presented in June 2012 at the APG's 'Noisy Thinking' evening in London. It was part of a debate on 'Global or Local Planning - Which Would You Rather Do?' with Guy Murphy and Jackie Hughes. The accompanying short teaser is at http://www.youtube.com/watch?v=RL_PSY2bKZM&feature=plcp
National FORUM Journals - William Allan Kritsonis, PhDWilliam Kritsonis
This document provides an overview of 11 articles written by doctoral students at Prairie View A&M University exploring the implementation of William Allan Kritsonis' Ways of Knowing Through the Realms of Meaning as a conceptual framework for strategic planning in education. The articles discuss how the six realms of meaning - symbolics, empirics, esthetics, synnoetics, ethics and synoptics - can be applied to areas like professional learning communities, instructional leadership, and school improvement planning. The document introduces each article and explains that they were written to partially fulfill a course requirement taught by Dr. Kritsonis on using his realms of meaning framework for strategic planning.
This document is a presentation by Neha Singh about her life over the past year. It describes how last year she had many issues including no money, so she picked trash, and struggled in school with no help on homework because her parents couldn't read. However, this year things have improved - she now has tutors to help her study, enjoys playing baseball with Carl Ripken Jr., can play on a sports team, and her photography has gone professional with exhibitions. While she still lives in a slum and helps her parents earn money, she now has more hope and opportunities through Empowerment International.
The document provides an overview of key concepts in education law, including the following:
1) It outlines the four main sources of law: constitutional law, legislative law, judicial law, and administrative law. It also discusses common law. 2) It summarizes several important clauses and amendments of the U.S. Constitution related to education, such as the General Welfare Clause, Contracts Clause, and various amendments regarding rights. 3) It describes the federal and state court systems for handling education cases and the administrative appeals process.
Life through a child's lens. An exciting new children's photo project from CAFOD, the Catholic Agency for Overseas Development
http://www.cafod.org.uk/picturemyworld
1. The document provides a summary of the author's experience at Cannes Lions International Festival of Creativity, describing various events and presentations they attended.
2. At one presentation by Wendy Clark from Coca-Cola, the author had a difficult view from high up in the theater but was moved to tears by a film about a blind man feeling the World Cup trophy. Clark discussed Coca-Cola's use of social media to understand consumers and touch simple human emotions.
3. The author found it difficult to pace themselves amid the busy schedule of content, meetings, and work. They ended up returning to the crowded and expensive Carlton Terrace terrace multiple times to socialize.
4.
"Affitta un nonno" is a collaborative service for Quarto Oggiaro, a neighborhood in Milan.
It is based on the important role of the grandparents in our society.
This document appears to be a collection of excerpts from various articles or documents discussing theological topics like salvation, God's nature, and karma. It touches on Jesus answering questions about whether certain people's deaths were the result of their sins, discusses the idea of an angry or punishing God, examines the concept of karma and personal responsibility, and considers the kind of God that Yahweh and Jesus represent based on qualities like love, power, patience, and emotionality. The document does not have a clear overall theme or message and seems to be a miscellaneous assortment of quotes on theological issues.
This document provides an overview of different approaches to studying and interpreting the New Testament. It discusses examining the world behind the text by studying the historical and cultural context, the text itself through methods like textual criticism and source criticism, and the world within the text using genre analysis and intertextuality. It also addresses the role of the reader and reader-response approaches that consider ideological and identity-related factors. The diagram maps these various dimensions of encountering and approaching the NT.
- Southern Sudan held a referendum in January 2011 to separate from northern Sudan after decades of civil war, but faces immense challenges ahead as one of the poorest regions in the world.
- The civil war damaged infrastructure and education, with over 90% of women unable to read or write, and the new nation must work to provide schools and healthcare.
- Issues remain unresolved with northern Sudan like citizenship, borders, and resource sharing, threatening the stability of the new country.
Requests for information, NATIONAL FORUM JOURNALS - www.nationalforum.comWilliam Kritsonis
This document contains a list of names, last names, and email addresses of people who have requested information about NFJ. There are over 100 entries listed with names, last names, and corresponding email addresses. The document is formatted in a table with commas separating the name, last name, and email address for each entry.
Southern Sudan faces immense challenges after voting to separate from the north in a January 2011 referendum. Some of the major challenges include rebuilding infrastructure like roads, increasing access to clean water, healthcare and education after decades of civil war left the region as one of the poorest in the world. Critical issues around citizenship, borders, and resource sharing with the north also remain unresolved. Providing support and services for over 200,000 returning refugees will further strain already limited resources.
Employment Law - Lecture Notes William Allan Kritsonis, PhDWilliam Kritsonis
This document summarizes key aspects of employment law in the United States. It discusses the at-will employment doctrine and public policy exceptions. It also covers discrimination laws including Title VII prohibiting discrimination based on race, sex, religion, etc., the Age Discrimination in Employment Act, and the Americans with Disabilities Act. The summary provides overviews of concepts like disparate treatment, disparate impact, bona fide occupational qualifications, sexual harassment, reasonable accommodations, and prohibited categories of discrimination.
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
The document discusses several exceptions to at-will employment contracts and public policy considerations. It notes that courts have found it a violation of public policy to fire an employee for refusing to violate the law, exercising a legal right like filing a workers' compensation claim, or performing a legal duty like jury duty. Whistleblowing, or reporting illegal activities of coworkers or the company, is also protected if in the public interest. Tort law also generally applies to employment, with some exceptions, and employees have protections against defamation from former employers. The document then discusses discrimination laws like Title VII and protections for characteristics like age, religion, and disability status.
Lesson Four Employer Negligence - Part I In the first thr.docxsmile790243
Lesson Four: Employer Negligence - Part I
In the first three lessons of this course we exhaustively reviewed the dynamics of discrimination laws in
the United States, their proscriptions and their exceptions. Provided that a job applicant makes it
beyond these hurdles, and the employer in question is preparing to offer him or her a job, there are
several things that HR professionals should know in order to avoid liability in hiring.
Employer Negligence
Most liability that an employer might bear in the employment context is in the form of negligence,
either directly or vicariously. There are other potential grounds for liability in the employment
environment, including contract-related matters. However, as the vast majority of employees are not
hired subject to a contract, the following discussion will focus mainly on concerns related to
employment in the “at will” context.
1
In order to participate in an informed discussion about employment negligence, one must first
understand the definition of negligence. Negligence in the legal arena concerns unintentional harm that
results from a failure to use the care that would be expected of a reasonable person under the same
circumstances (Negligence, n.d.). Negligence is usually a civil tort (wrong), but may rise to the level of
criminal culpability if the conduct of the tortfeasor is sufficiently reckless or severe. Generally,
negligence has four key elements:
Duty: In order for someone to be guilty of negligence, he or she must have first had a duty of
care. An example will serve to illustrate. Suppose a passerby, Steve, comes across a person in
peril, Bob. Let us say that Bob is suffering a heart attack and is in need of immediate medical
attention. Now, as heartless as it might be for Steve to decline to help Bob (even by simply
calling 911), generally no such duty exists for Steve, and thus there can be no negligence.
2
In the
employment context, employers almost always have a duty to maintain a safe and secure
environment for their employees and customers.
Breach: In addition to the existence of a duty, the accused must have also breached his or her
duty. Let us change the facts of the above example and suppose that Steve is a server in a
restaurant and Bob is his customer. Under these circumstances, Steve probably does have a duty
to help Bob, but if he fulfills that duty, say, by calling 911, then there obviously can be no
negligence. This element of breach is the focus of many, if not most, negligence disputes.
Damage(s): In order for someone to be found guilty of negligence, the breach of whatever duty
is in question must have resulted in damage of some kind. If Steve fails to help Bob, but Bob
recovers from his heart attack on his own with no harm of any kind, he cannot successfully sue
Steve for negligence. Harm must have been suffered. Note that damage need not be physical in
nature, though. Bodily injury is of c ...
Myths And Misconceptions About Workplace Bullying By Josh BornsteinJosh_Bornstein
The document discusses several myths and misconceptions about workplace bullying. It argues that contrary to popular belief, bullying is not currently illegal in Australia and there are no laws explicitly dealing with it. While bullying may involve breaches of other laws, victims cannot directly sue or pursue prosecution for bullying itself. It also argues that while definitions of bullying do exist, critics claim it cannot be defined or legislated against. However, the document states that courts and tribunals routinely make judgments on ambiguous concepts and that bullying can be defined. The document concludes that solely relying on workplace policies to address bullying is insufficient and that new legislation directly prohibiting bullying is needed to better protect victims.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
This document summarizes key proposed changes to Queensland's industrial relations laws based on recommendations from a 2015 government review. The changes would significantly expand employee protections and rights to bring certain claims. Agencies would need to ensure managers are trained on new obligations regarding issues like adverse action, flexible work, anti-bullying, and collective bargaining. The Queensland Industrial Relations Commission would gain new powers to hear certain employment-related matters and disputes.
1. (TCO A) Nix has worked for ABC, Inc. for ten years. During the .docxvrickens
1.
(TCO A) Nix has worked for ABC, Inc. for ten years. During the entire period of Nix's employment, his performance had never been formally evaluated or criticized; he was never denied a raise or bonus. The company was doing extremely well, constantly hiring new employees. During the busiest time of the year, Nix told his boss that he had jury duty. Nix attended jury duty. Nix was terminated for refusing to decline to appear for jury duty. Even though the term of Nix's employment is not specified by contract, does Nix have a cause of action against his employer arising out of the termination? Identify and analyze the possible causes of action available to Nix and the likelihood of prevailing in the litigation. Utilize applicable law to support your conclusions. (Points: 30)
2.
(TCO B) Denora Sarin, a Cambodian immigrant and a practicing Buddhist, was employed as a systems engineer with Raytheon Company. Shortly after Sarin was assigned to work on a particular project, Goldberg, one of the workers, approached and taunted Sarin saying, "What's Buddhism? What kind of Buddha do you worship—the skinny Buddha or the fat one? I want to fight you. You don't fight me back." Sarin also claimed to be physically harassed by another employee, but after Sarin reported the conduct to his supervisor, it was not repeated.
3.
(TCO C) Matt worked for CTE as a management analyst. Matt suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened his locked drawer at work and found prescription drugs that were not prescribed to Matt. The supervisor thought Matt had been acting a bit
strangely
but decided he would confront him about it later. The supervisor did not confront Matt before the heart attack.
After six months, Matt was able to return to work on a part-time basis. Matt worked reduced hours for the next year. CTE was forced to reduce its workforce to cut costs. CTE conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. Matt, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. Matt sued and alleged that he was wrongfully terminated in violation of the ADA. Matt alleged that his termination was a result of his disability. Identify and analyze the potential claims and defenses. Utilize case law to support your responses and conclusions.
(Points: 30)
4. (TCO D) A wrecking and heavy moving firm was moving a barn. As the barn was being towed across a field, it came close to three 7,200 volt power lines. A ball of fire was observed where the barn's lighting rod either came to close to or actually touched, one of the power lines. Two employees were electrocuted and three more were injured. Analyzing the fact pattern, determine whether the company violated OSHA's general duty clause, or was this merely an unfortunate accident? Assuming that passing clos.
This document discusses exceptions to the employment at-will rule, including statutory and judge-made exceptions. It focuses on the public policy exception, where termination violates a clear public policy. Forty-three states recognize this exception. The document examines the "whistleblower" scenario using the Geary v. U.S. Steel Corp. case, where the employee was fired for reporting unsafe products. The court found no violation because he did not follow the proper reporting procedures within the company. The document outlines when a discharge may violate public policy.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
2022 Preweek Reviewer in Labor Law by Dean Poquiz.pdfMariaKatrinaSales
This document summarizes key principles of Philippine labor law as outlined by Dean Salvador A. Poquiz. It covers:
1) Basic principles of labor law including construction in favor of labor and protection of labor.
2) Employer-employee relationships and tests to determine such relationships.
3) Management prerogatives including discipline, dismissal, transfers and work rules.
4) Illegal recruitment practices and remedies.
5) Remedies for violations of labor standards including money claims.
6) Distinctions between permissible job contracting versus prohibited labor-only contracting.
7) Security of tenure and the rights of employees in cases of dismissal with or without due process.
Workplace bullying and amendments to the fair work act josh bornstein present...Maurice Blackburn Lawyers
The document summarizes new workplace bullying laws in Australia that take effect in January 2014. Key points include:
- The laws allow workers who have been bullied to apply to the Fair Work Commission for an order to stop the bullying.
- To make a claim, a worker must reasonably believe they have been repeatedly subjected to unreasonable behavior at work that poses a health and safety risk.
- The laws are intended to provide early intervention for bullying and complement existing occupational health and safety laws. They do not provide for compensation.
- Certain exemptions apply, such as for the military, and claims can only be made against businesses covered by federal law, not state laws.
The document provides background on employers conducting criminal background checks on applicants and employees. It discusses:
1) Whether employers can legally conduct criminal background checks. While they can, using any criminal history found to deny employment could result in lawsuits if it has a disparate impact on protected groups.
2) Courts have established that employers must demonstrate criminal history policies are job-related and consistent with business necessity to avoid claims of discrimination. Plaintiffs can show alternative practices exist that serve the employer's interests without disparate impact.
3) Guidelines from the Equal Employment Opportunity Commission provide criteria for how and when employers may use criminal history in hiring decisions but courts do not always follow them strictly. Overall employers must balance legal rights with
This document summarizes a presentation on evaluating willful patent infringement after the 2007 In re Seagate case. The presentation establishes a two-prong test for willful infringement, requiring objective recklessness and subjective knowledge of risk. It analyzes factors that could demonstrate objective recklessness or culpability, such as reliance on invalidity defenses, obtaining an opinion of counsel, or failure to design around. The role of preliminary injunctions and reexaminations in establishing willful infringement is also discussed.
This document summarizes Assembly Bill No. 5, which was approved by the Governor of California on September 18, 2019. The bill seeks to codify the California Supreme Court's 2018 Dynamex decision establishing the "ABC test" for classifying workers as employees or independent contractors. It would apply the ABC test to the Labor Code, Unemployment Insurance Code, and wage orders to presume that workers are employees unless the hiring entity can demonstrate that the worker satisfies parts A, B and C of the ABC test. The bill also exempts certain occupations from the ABC test and instead applies the Borello standard.
If dr suess wrote wrongful dismissal claimsSean Bawden
If Dr. Suess wrote wrongful dismissal claims is a review of wrongful dismissal law at Ontario law. It uses a fictitious and silly claim to explain Ontario employment law and to demonstrate how to plead a claim for wrongful dismissal.
2012 09 07 Costco Wholesale Corporation Board DecsionKrishna De
For more information visit http://www.nlrb.gov/case/34-CA-012421
The National Labor Relations Board (“NLRB”) has ruled that parts of Costco’s employee handbook violated the National Labor Relations Act. The NRLB ruled that employers can not have a policy that prohibits employees from “using inappropriate business decorum online,” or posting statements that “damage the company, defame any individual or damage any person’s reputation”.
Similar to Dr. William Allan Kritsonis - Employment Law PPT. (20)
2. When you see a court de-
cision made on a “public
D. “Public Policy” Exceptions to “AT WILL”
policy” basis, that usually
Employment Contract ╠ p. 684 et seq. ╣
means the court does not
have a clear legal rule to
1. Many court decisions have held that
base its decision on, but
it would be a “violation of public
is doing what is “right” in
policy” to allow an employer to fire
the circumstances.
an employee for:
Usually very vague.
a. Refusing to violate a law (text
examples: committing perjury,
indecent exposure)
b. Exercising a legal right (text example: filing workmen’s
comp claim), responding to OSHA, EEOC, etc.
c. Performing a legal duty (jury duty, report to police, etc.)
2. “Whistleblowing” is a special category
a. Reporting illegal or irregular activities of fellow employees
or the company to authorities
b. Is in the best interest of the public, but usually not the employer
c. Probably not realistic for the employee to keep working
with the employer he/she reported to authorities
3. E. Tort Law – Application in Employment Setting
1. Tort law applies equally in employment setting, with exceptions
a. Employee cannot sue employer for on-the-job injuries
(Workers’ Comp)
b. Employee might sue fellow worker, but only if unrelated to
work activities (also Workers’ Comp) or intentional tort
2. Employees can sue employers for false or misleading statements
made concerning job performance (usually in response to inquiry
from new prospective employer)
a. Employer must be careful to only provide facts that
have been/can be documented (not vague accusations)
b. Most employers provide very limited information
c. But ex-employers may be liable for not providing relevant
negative information (see Cal. case re teacher)
4. 3. Employee Privacy
a. Becoming a significant issue, especially with regard to
employer use of “computer surveillance.
b. Employer-provided email system (or Internet access)
(1) Employer historically has been able to monitor work
activity
(A) Should that apply to personal activity while “on
break” at her desk?
(B) Is it reasonable to expect/allow the higher degree
of scrutiny made available by computers?
(2) How can the employer tell when employee is not “on
the clock”?
c. What off-the-job or other information should be available?
(1) Drug testing (which can detect off-the-job use)
(2) Evidence relating to physical condition
(A) Which may affect ability to do the job
(B) Which may affect health or disability insurance cost
(See Gattaca)
5. III. DISCRIMINATION IN EMPLOYMENT (Civil Rights Act, Title VII) ╠ p. 697 ╣
A. Title VII is one part of Civil Rights Act of 1964
1. All titles of Civil Rights Act prohibit discrimination, but apply
in different settings (e.g. housing, public accommodation, lending)
2. Types of discrimination and methods of proof are essentially
the same
3. Title VII also applies to unions
4. Title VII does not apply to employers with very few employees
(under 20?) but parallel state law applies to all
B. Major Categories (for proof purposes)
1. Disparate Treatment [ “dis - PEAR – at “]
Individual employee receiving differing treatment due to his/her
membership in “protected class”
2. Disparate Impact
Outwardly neutral requirement/rule has a significantly greater
impact on persons in “protected class”
6. “Prima facie” translates as
C. Disparate Impact “at first face”. To say that
a party has proven a prima
1. Employee (or applicant or group) facie case means that if no
produces evidence that specific other evidence is intro-duced, that
policy or requirement has a signi- party will win.
ficantly greater impact on
members of protected group(s)
= prima facie case
2. Employer can produce evidence
a. To refute statistical evidence presented by plaintiff
b. That policy/requirement is directly related to the job
3. Employee has the burden of proving actual discrimination
a. Proof of intent to discriminate is not required, but can be
used to rebut employer’s evidence
b. Proof that job-related requirements could be better (or
equally) met by means without discriminatory impact
7. D. Disparate Treatment
1. Plaintiff (employee, applicant, prior employee) produces
evidence that allows conclusion that he/she received negative
treatment due to his/her membership in protected class
= prima facie case
2. Employer produces evidence that there was a valid, job-related
reason for the treatment, e.g.
NOTE: Employer’s
a. Work performance (documented) evidence can be in-
b. Union contract, seniority system formation gained
c. Objective qualifications after the treatment
for which the
3. Plaintiff can the produce evidence that the employee sued.
employer’s “evidence” is really a
“pretext” (phony reason) to cover actual
discriminatory intent
a. Multiple similar acts prior to specific act charged
b. No other use of “reason” in similar situations
c. Rules that may have existed but with being enforced
d. Prior actions inconsistent with “reason”
8. D. Discrimination based on religion gets somewhat different treatment
1. Negative employment action must relate to job requirements
(if not, only “pretext”)
2. Employer must make a “reasonable accommodation” in light
of the requirements of employee’s religion
a. “Religion” must be one that is generally recognized as such
b. Problem must result from a recognized requirement of that
religion (not merely employee’s personal “thing”)
3. Employer NOT required to take action that would produce an
“undue hardship” on employer, e.g.
a. Excusing particular employee from shift rotation that applies
to all in his/her job category
b. Making extensive re-arrangements of other persons’ work
c. Violating safety regulations
d. Violating provisions of applicable union contracts
NOTE that these rules are very
similar to the rules applied in
disability discrimination cases.
9. E. Affirmative Action ╠ p. 701 ╣
1. Initial interpretation of Act assumed that the act benefited only
groups that had been previously subject to discrimination, e.g.:
Benefited Not Benefited
Non-caucasian Caucasian
Non-U.S. native U.S. native
Female Male
Non-Christian Christian
2. “Affirmative action” programs devised to allow particular benefits
or considerations to help overcome effects of past discrimination
a. Some set particular “quotas” for increasing proportion of
“benefited” group
b. Special considerations (e.g. lower requirements) for persons
from benefited groups
c. “Set aside” programs for which only benefited groups qualified
10. 3. More-recent interpretation of Act looks at specific language of Act
that prohibits discrimination based on stated category (race,
religion, national origin, etc.)
a. Makes affirmative action programs more difficult because
they necessarily discriminate based on a stated category
b. Affirmative action programs still possible if the program
sponsor can show that it is intended to, and will, counter the
effects of prior discrimination by the program sponsor
11. F. Bona Fide Occupational Qualification (BFOQ) and “Business Necessity”
╠ p. 700 ╣
1. The Act expressly provides for a defense to discrimination
cases if making the distinction is an objective requirement for
the job
a. Act specifically states that “race” can never be a BFOQ
b. Some legitimate BFOQ situations:
(1) Hiring a minister or priest for a religious organization
(2) Clothing and cosmetics models (male / female)
(3) Restroom attendants
c. “Customer preference” per se generally not accepted
(e.g. airline cabin attendants [ were called “stewardesses ] )
12. 2. “Business Necessity” relates more to particular requirements
of business, rather than the specific job/task
a. Related to objective requirements for performing the
particular job
b. Can, indirectly, include customer preference
c. Examples:
(1) Persons to model cosmetics (e.g. “Fashion Fair” can
refuse to hire models with light skin color)
(2) Women’s clothing stores can refuse to hire male
security persons to monitor dressing room areas
d. Interesting questions:
(1) Can a “gentlemen’s club” refuse to hire male dancers?
(Guys can dance)
(2) Can a radical-right “Nazi” bookstore refuse to hire an
African-American clerk?
13. Sexual harassment cases
G. Sexual Harassment ╠ p. 702 ╣ demonstrate how no one can
predict how legislation might
1. The logic: be actually used. See also
RICO.
a. Civil Rights Act prohibits
discrimination on the basis of “sex” with respect to “terms
and conditions” of employment
b. If a female employee’s possibility for advancement depends
on conditions not applied to males, the Act is violated
(“Quid Pro Quo” discrimination)
c. If the conditions in which a female person works are substan-
tially more stressful than male employees doing the same job,
the act is violated (“hostile work environment”)
2. The term “sex” was added to the Act at the last minute in an
attempt to defeat it --- under the conditions, not likely to work
(No one seriously considered the ramifications of the addition)
3. Has created some of the more difficult problems under the Act
(Probably inevitable – “Venus” vs. “Mars” and all that
14. H. Some Procedural / Remedy Things
1. MUST first file complaint with EEOC within 180 days of most-
recent act of discrimination
2. EEOC can choose to pursue the complaint
a. Usually makes some attempt at resolution
b. EEOC does not file very many cases, more often “disparate
impact” cases
3. If EEOC does not decide within 6 months, or declines to act,
person may bring action in state or federal court
4. Possible remedies:
a. Hiring
b. Back pay
c. Promotion
d. “Reasonable” attorney’s fees
e. Retroactive seniority
f. Punitive damages (maximum $300,000)
15. IV. Age Discrimination (1967) ╠ p. 704 ╣
A. Protected Class = Employees and Applicants 40 or older
1. Age of person (40+) cannot be used as a reason to not hire,
to fire, etc.
2. Basically same type of proof as in Title VII
a. Person must first file complaint with EEOC
b. Can sue if EEOC does not take case
B. Discrimination must be clearly based on age
1. Recent cases have held that dismissing higher paid workers is
an economic decision and the fact that it has a greater impact
on 40-and-over group does not violate the act
2. COMMENT: Those decisions could mostly eliminate the act
as protection for current employees. The “logic” does not
apply when 40+ person is competing for entry level, entry wage
position
16. V. AMERICANS WITH DISABILITIES ACT (“ADA”) ╠ p. 705 ╣
A. Most recent “discrimination” legislation (1990)
1. Intended to prevent “disabled” persons from being discriminated
against because of preconceptions about what they can do
2. Requires that persons be considered for employment, and treated
while employees, based on objective abilities
B. “Disabled persons” include
1. Persons who have, or are perceived as having, a condition which
“a physical or mental impairment that substantially inhibits
a major life activity”
a. Lack of one or more senses (blind, deaf)
b. Inability to use some parts of body (e.g. legs, arms, etc.)
c. Mental illness
d. “Recovered” (recovering) alcoholic or drug addict
e. Dyslexia, AIDS, etc.
2. NOT: sexual disorders, homosexuality, compulsive gambling,
practicing alcoholics or addicts
17. C. Employers are required to make “reasonable accommodations” for
disabled persons so they are not hindered by non-work problems
1. Accommodations need not impose “undue hardship” on employer
a. What constitutes “reasonable accommodation” and “undue
hardship” are not defined
b. Cost is a factor, but not necessarily determinative
c. Physical installations (elevators, ramps, special desks, etc.)
are usually not considered undue hardship
d. Completely revamping the building, office, etc. may be
2. The idea is that some changes in traditional arrangements are
less important that allowing the disabled person to work
a. Things that are not important to doing the work can be
adjusted so the disabled person is not prevented from doing
what he or she is able to do
b. The cost is measured against an unquantifiable value of
allowing a person to be productive