This chapter discusses key legal issues in employment for sport managers, including the employment-at-will doctrine, protections from discrimination, sexual harassment laws, and major federal employment legislation. It covers topics such as hiring, promotion, retention, injuries on the job, and protections for employees under the Civil Rights Act, Americans with Disabilities Act, and other laws regarding safety, medical coverage, leave, wages, and more. Employment law is an important area for sport managers to understand to properly manage their employees and avoid legal issues.
An overview or law officials rights; this powerpoint also discuss the problems with sexual harassment against bothe men and women. Tell me what you think/feel about my presentation. Any feed back is good.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
An overview or law officials rights; this powerpoint also discuss the problems with sexual harassment against bothe men and women. Tell me what you think/feel about my presentation. Any feed back is good.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
Learning Objective: Discuss sexual harassment in the workplace and techniques to combat
Despite great efforts to train employees and enforce strong consequences for sexually harassing behavior, it still remains a great challenge for many. Victims of sexual harassment are often afraid to speak up and fear the consequences or impact on professional success and image. In this workshop, we break the silence by addressing this issue head on and supporting each other in protecting our rights to respect and honor in the workplace.
At the end of this seminar, participants will be able to:
a. Clarify the difference between appropriate, inappropriate, and illegal behaviors associated with sexual harassment
b. Practice sending convincing messages to set appropriate boundaries.
c. Practice making positive decisions based on context and relationships.
d. Explore consequences of decisions and behavior.
e. Examine and challenge beliefs, definitions, and assumptions around sexual harassment.
As employers, physicians are at risk for lawsuits based on
wrongful employment practices such as discrimination,
harassment, and retaliation. This is known as employment
practices liability. Read this presentation to learn how you can reduce your risk.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
Learning Objective: Discuss sexual harassment in the workplace and techniques to combat
Despite great efforts to train employees and enforce strong consequences for sexually harassing behavior, it still remains a great challenge for many. Victims of sexual harassment are often afraid to speak up and fear the consequences or impact on professional success and image. In this workshop, we break the silence by addressing this issue head on and supporting each other in protecting our rights to respect and honor in the workplace.
At the end of this seminar, participants will be able to:
a. Clarify the difference between appropriate, inappropriate, and illegal behaviors associated with sexual harassment
b. Practice sending convincing messages to set appropriate boundaries.
c. Practice making positive decisions based on context and relationships.
d. Explore consequences of decisions and behavior.
e. Examine and challenge beliefs, definitions, and assumptions around sexual harassment.
As employers, physicians are at risk for lawsuits based on
wrongful employment practices such as discrimination,
harassment, and retaliation. This is known as employment
practices liability. Read this presentation to learn how you can reduce your risk.
Chapter 3Risk Management in EmploymentEmployment Re.docxketurahhazelhurst
Chapter 3:
Risk Management in Employment
Employment Relationship carries Risk
• Risk to an organization is not limited to
provider-patient relationships
• As in any business, the healthcare organization
has responsibilities to its employees. Many of
which, if not properly implemented/enforced,
can lead to negative and litigious results
Employment-at-Will
• An employer may dismiss an employee
hired for an indefinite period of time for
any reason or no reason at all without
incurring liability to the employee
• Caveat: cannot discharge for an unlawful
reason, such as racial discrimination
Implicit Employment Contracts
• Though most states follow the employment-at-
will doctrine, many organizations may
unknowingly negate their ability to apply this
principle through
– Employer policies (i.e. progressive disciplinary policy)
– Oral assurances (i.e. looks like you have a bright
future ahead of you here)
– Industry customs (i.e. after so many years in one
position, employees are promoted to the next level)
– Employer conduct (i.e. allowing some employees
more chances to correct errors than others)
Burden of Proof
• In civil litigation of discrimination, the burden of
proof is usually on the plaintiff -they must show:
• Membership in a protected group
• Satisfactory job performance or appropriate
qualifications for the job being sought
• Receipt of discipline, termination or rejection
despite having the qualifications
• Employees of another protected class were
disciplined less severely or the employer continued
to accept application of people who were no better
qualified
Sexual Harassment
• Unwelcome sexual advances, request for
sexual favors or other verbal or physical
conduct of a sexual nature when it is one of
the following:
• is a condition of employment
• is the basis of employment decisions
• interferes with work performance
• creates a hostile work environment
Minimizing Risk of Sexual Harassment
• Organization must exercise reasonable care to
prevent and correct any sexually harassing
behavior
– Written policies/procedures
– Documented staff training on policies/procedures
– Consistently adhere to and enforce policies
– Immediately investigate allegations of sexual
harassment
Responsibility of the Employee
• Employee must report occurrences of sexual
harassment to employer
– Employer must be given the opportunity to investigate
and take corrective action
• Though it is important that an employer investigate
all reports of sexual harassment, proactively
addressing situations or behavior that may be
perceived as sexual harassment is imperative.
– If management is aware of a potential situation and does
nothing, the risk of litigation and penalty is increased
People with HIV or AIDS
are protected by the ADA
Persons with HIV disease, both
symptomatic and asymptomatic, have
physical impairments that substantially
limit one or more major li ...
#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
Its surprising to note that there is no Anti-bullying legislation in Victoria. If you are a business consultant, employer or employee wishing to tackle a bullying claim or to develop good workplace anti bullying policy then seeking the help of experienced employment lawyers is necessary. Here is a presentation that will guide you the basics of anti-bullying code of practice in employment law in Australia.
2. Chapter Objectives
After reading this chapter, you will know the
following:
• Key legal issues in employment for sport
managers
• Relevance of the doctrine of employment at will
• Primary issues in employment discrimination
• Key legal issues relevant to sexual harassment
• The main elements of federal employment
legislation
3. Employment Issues
• An employee is fired from a job.
• A qualified employee is not hired for a job.
• A qualified employee is not promoted.
• An employee’s work situation is made so bad that
he or she must quit.
• An employee is injured during the scope of
employment.
• An employee is injured due to conditions at the
workplace.
• Monitoring.
4. Topics of Employment Law
• Employment at will
• Hiring, promotion, and retention
• Sexual harassment
• Employment laws
– Employee Health and Safety
– Others
5. The Employment Relationship
• Contractual in nature
• Involves an express or implied agreement to
perform personal services: Agreement
should cover salary, work duties, benefits
• Who is an employee? A university
scholarship athlete?
(continued)
6. The Employment Relationship
(continued)
• Employment-at-will doctrine: Either the employer or
employee may terminate the employment
relationship at any time and for any reason.
• Exceptions:
– Federal legislation
– Implied contract
– Public policy
(continued)
7. The Employment Relationship
(continued)
• Application of federal law: Civil Rights Act,
Americans with Disabilities Act, OSHA
(workplace safety)
• Injury on the job: Workers’ compensation
– Liability
• Tort: Determined by whether act was in scope of
employment, vicarious liability
• Contract: Agency principles
8. Issue
• Is a football player an employee of the university
that he attends and for which he competes?
• Coleman v. Western Michigan; Economic Reality
Test:
1. The proposed employer’s right to control or dictate the
activities of the proposed employee
2. The proposed employer’s right to discipline or fire the proposed
employee
3. The payment of “wages” and, particularly, the extent to which
the proposed employee is dependent on the payment of wages
or other benefits for his daily living expenses
4. Whether the task performed by the proposed employee was an
integral part of the proposed employer’s business
9. Employment Laws
• Occupational Safety and Health Act (OSHA)
• Typical health and safety concerns?
• Twofold purpose:
1. To require employers to meet certain specific,
federally mandated safety standards
2. To impose a general duty on employers to keep
their workplace safe
• Protects employees who file complaints and
requires record keeping (11 or more
employees)
10. Hiring, Promotion, and Retention
• Discrimination (laws and protected
classes):
– Civil Rights Act of 1964 (Title VII); EEOC
• Race, color, and national origin
• Gender
• Religion
– Age Discrimination in Employment Act (ADEA)
– Americans with Disabilities Act (ADA)
• Affirmative action
11. Discrimination:
1964 Civil Rights Act (Title VII)
• Protected classes
– Race, color, and national origin
– Gender
– Religion
• State laws may expand the categories of
protected classes (e.g., sexual orientation)
12. Discrimination
• Treating employees or job applicants
unequally on the basis of a personal
characteristic or trait
– How do we find that discrimination occurred?
– Directly: Employer’s discriminatory words or actions
(you were not hired because you are . . .) or policy
– Indirectly (most common)
• Disparate treatment
• Disparate impact
13. Discrimination Claims
Disparate Treatment
• Prima facie case
1. A member of a protected class: Race, color,
national origin, religion, and gender
2. Applied and was qualified
3. Was rejected by the employer
4. Position remained open or was filled by a person
not in a protected class
• Victim files a claim with the EEOC or files a
lawsuit
14. Defenses
• Used to justify a discriminatory practice
• Bona fide occupational qualification:
Identifiable characteristics reasonably
necessary to the normal operation of a
particular business:
– Gender: Fitness trainers at a single-sex health club
– Race: Not a BFOQ
15. Discrimination Claims
Disparate Impact
• Employers’ workforce must reflect the same
percentage of members of protected
classes as the local labor market
• Challenges
– Statistical analysis
– Defining the local labor market
• Prima facie case
– Employment practice has a discriminatory effect
– Connection shown between the employment
practice and disparity
16. Defenses: Business Necessity
• Used to justify a discriminatory effect
• A valid business reason for choosing someone
outside of protected class
– Gender: Because of height, weight, and strength requirements,
most firefighters hired were men.
– Religion: Because of faith-based days of worship, more hires
are not of a particular faith.
– Race: Because business had a valid reason to hire only
workers with a high school diploma, most workers were
nonminority.
– Age (under the ADEA): Because a job required strength and
endurance, most workers were under the age of 60.
17. Discrimination: Age (ADEA)
• Prohibits employment discrimination on the
basis of age for people 40 and over
• Applies to businesses with 20 or more
employees and whose activities influence
interstate commerce
• Prima facie case:
– 40 years old or older
– Applied and was qualified
– Rejected in circumstances that implied
discrimination
18. Discrimination: Disabilities
• Americans with Disabilities Act of 1990
(ADA) Title I: Employment
– Process
• Prove a disability: Substantially limits one or more major life
activities
• Prove qualified for the job
• Prove denied job because of disability
– Reasonable accommodation
• Employer finds work responsibilities and environments that
place disabled employees in a position to be successful in
performing job functions
• Undue burden
19. Sexual Harassment
• Constructive discharge
• Title VII of the CVA; EEOC
• Elements of sexual harassment:
1. Unwelcome sexual advances
2. Not desired by the employee (victim)
3. Conduct that creates a hostile or abusive work environment
4. Can arise from either verbal or physical conduct
• Types:
– Quid pro quo
– Hostile work environment
20. Employment Laws
• COBRA requires that employer continue
medical coverage (for a limited time) at
option of terminated employee
• HIPAA: Prohibitions on exclusion from
medical coverage, and medical record
confidentiality
• FMLA: Unpaid leave of 12 weeks for family
or medical reasons
• Fair Labor Standards Act (FLSA): Child
labor, overtime, and minimum wage