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Chapter 3

Chapter 3. United States. Types of U.S. Laws. Organized labor/collective rights/collective bargaining Individual employment rights. Arguments in Favor of EAW. Old and firmly established Crucial to a free market economy

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Chapter 3

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  1. Chapter 3 United States

  2. Types of U.S. Laws • Organized labor/collective rights/collective bargaining • Individual employment rights

  3. Arguments in Favor of EAW • Old and firmly established • Crucial to a free market economy • Employers and employees are free to negotiate for employment relationship that varies eaw • Courts are reluctant to re-evaluate employers’ decisions

  4. Recovering for Terminations Notwithstanding EAW • Breach of Contract • Torts • Statutes

  5. Employment At Will • How important to U.S. law and economy? • How likely is it to change? • Is enough of it left to preserve it?

  6. Economic Strike Defined: caused by disagreement on terms and conditions of employment—leverage for union’s/strikers’ bargaining position Employer can hire either temporary or permanent replacement workers Unfair Labor Practice Strike Defined: caused or prolonged at least in part by employer’s unfair labor practice(s) Employer can hire only temporary replacement workers Types of Strikes

  7. Types of Strikes • How do the principals know which type of strike? • When do they know? • What are the ramifications of what they know and when they know it?

  8. Federal Employment Discrimination Law: Characteristics Covered • Title VII-race, color, sex, religion, national origin • ADEA-age (40 and older) • ADA-disabilities

  9. Theories of Discrimination • Disparate treatment--intentional discrimination • Disparate impact—use of tests, qualifications, etc. that are not facially discriminatory, but that have a disproportionate impact on a protected group and cannot be justified by business necessity

  10. Pretext or McDonnell Douglas Proof Structure • Plaintiff’s PFC • Defendant’s legitimate, nondiscriminatory reason 3) Pretext

  11. Mixed-Motives Proof Structure 1) Prohibited characteristic was a motivating factor in the adverse employment action 2) Same-decision defense

  12. Harassment or Bullying • Status Neutral—probably no recovery • Related to Protected Status—viable theory of recovery

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