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Employment Law and Human Resources Management in Higher Education

This section covers the fundamentals and basic concepts of employment law and human resources management in higher education. It explores the sources of law that impact the American higher education workforce, such as constitutional provisions, statutes/federal law, executive orders, regulations, and common law. It also discusses the hiring process, including equal employment opportunity approaches, applicant selection criteria, criminal background checks, and avoiding negligent hiring and retention claims. Additionally, it addresses special challenges in higher education, such as multiple job classifications, a diversified workforce, rising costs and infrastructure demands, decentralized workplaces, and the use of search committees and consultants.

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Employment Law and Human Resources Management in Higher Education

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  1. Employment Law and Human Resources Management in Higher Education

  2. Section One Fundamentals and Basic Concepts

  3. Sources of Law that Impact American Higher Education Workforce • Constitutional Provision • Example: 4th Amendment against prohibition • Illegal Searches – Workplace privacy • Statutes/Federal Law • Example: Title XII of the Civil Rights Act – barred illegal discrimination and grant a right for individual legal action • Execution Orders • Example: E.O. 11246 or travel ban • Regulations, Guidelines and Administrative decisions • Examples: OSHA Safety Standards • The Common Law (court decisions reached by Judges)

  4. General Aim for SoundLabor and Employment • Workforce Harmony • Methods to resolve dispute and grievance • Maintain equity in wages, hours, and working conditions • Maintaining Compliance with the Changing Legal landscape

  5. The Hiring Process • The Equal Employment Opportunity Approach • Consistency of Process and the similarly Situated Employee or Applicant • Merging Personnel decisions with legitimate business rationale • Avoid Negligent Hiring and Retention Claims

  6. The Hiring Process • Recruiting and developing the applicant pool • Background checks and reference checks • Providing Reference Letters – Be Careful • Applicant Selection Criteria – “Golden Rule” Job -Relatedness

  7. Criminal Background Checks • Required for certain jobs: police, daycare workers, nursing home works • K-12 Schools have long require backgrounds for teachers and others with contact with minor • Colleges and Universities moving in the same direction • Penn State Sandusky scandal • Youth programs on campus • Consistent with campus safety goals – keeps dangerous persons off campus.

  8. Crime Background Check in Higher Education • Strong campus safety and risk management • Oppositions based on intrusiveness claims • Timelines and cast concerns also exit (possible delays, backlog, and are because done for every employee – part-time lecturers and temporary workers)

  9. Negligent Hiring and Retention • Employee Incompetency • College on University have actual Constructive Notice incompetency • Employee action or failure to act cause injury to others • Constitution’s negligence in hiring or retaining employee proximate cause of harm

  10. Special Challenges for Higher Education • Multiple job classifications within the institution • Diversified workforce required • Cost and infrastructure demand on the rise • Decentralization workplace makes supervisor demanding • The Search Committee and use of Search Consultants • Likely interaction between students and employees can be complex

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