Class 12

Labor Law Class Notes

Exam Preparations

  • Practice questions are available for review.

  • Review Session:

    • Date: Friday

    • Time: 2:00 – 3:30 PM

    • Location: Godfrey 3046 (Classroom)

  • Students can contact the instructor for additional questions.

Exam Details

  • This is the second exam of the course.

  • Important Instructions:

    • Read questions carefully and select the best answer.

    • Exam Format: Multiple-choice questions, each worth 1 point.

    • Allowed Materials:

    • One 3x5 inch index card with handwritten notes (front and back).

    • One blank scratch piece of paper for use during the exam.

    • A writing utensil.

    • Computer (with no other materials allowed).

    • Rules:

    • Do not look around or attempt to look at other students' computer screens; this will be considered cheating.

    • The exam room will be monitored and recorded.

    • After submitting the test, students may leave the room.

    • Scrap paper must be turned in before leaving.

    • Do not leave the quiz page on Canvas; this too will be considered cheating.

  • Good luck wishes to students before the exam.

Discrimination in Employment: Genetics

Genetic Information Nondiscrimination Act of 2008

  • Scope: Applies to employers with 15 or more employees.

  • **Prohibited Activities:

    • Employers cannot use genetic information to negatively affect an employee's terms and conditions of employment.

    • Not Covered: Some exceptions, including:

    • Direct disclosure of diseases with a genetic basis.

    • Law enforcement purposes.

  • Key Case for Context: Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 826 (5th Cir. 2015).

Definitions

  • Genetic Information: Information regarding:

    • Genetic tests of an individual or family members.

    • Manifestation of a disease or disorder in family members.

  • Genetic Test: An analysis examining human DNA, RNA, chromosomes, proteins, or metabolites to detect:

    • Genotypes

    • Mutations

    • Chromosomal changes.

  • Source Reference: Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 826 (5th Cir. 2015).

Hypothetical Case: Aera's Situation

  • Background:

    • Aera is employed at Medical Company Co., a health services provider with 2,000 employees.

    • Aera has a chronic, hereditary autoimmune disorder.

  • Circumstances:

    • After informing her supervisor about her need for time off, she was reassigned from her sensitive project to basic archival work, a position limiting her career advancement.

  • Legal Argument:

    • Aera files a lawsuit under the Genetic Information Nondiscrimination Act, claiming her hereditary disorder was used to negatively impact her employment.

  • Legal Consideration: Would there be liability for Medical Company Co.?

At-Will Employment

  • Definition: An employment contract that can be terminated by either party at any time for any reason.

  • Legal Variations: The determination of at-will employment varies by state law, leading to numerous approaches.

  • **Exceptions to At-Will Employment:

    • Wrongful Termination:** Damages may be pursued under various circumstances including:

    • Public Policy: Disclosure of confidential information or illegal conduct (whistleblowing).

    • Implied Terms: Contracts may contain implied terms based on work conditions and materials (e.g., employee manuals).

    • Good Faith/Fair Dealing: Covenants can be implied into contracts.

  • Case Reference: Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 826 (5th Cir. 2015).

Hypothetical Case: Amelia's Employment

  • Facts: Amelia was hired as a clerk at Solutions Co. without a written contract, but the company provided a 50-page Employee Handbook with progressive discipline policies post-probation period.

  • Incident: Amelia was late due to car trouble; her manager immediately terminated her without prior warning.

  • Questions to Consider:

    • What is the background rule for at-will employment?

    • Which exceptions might apply based on Amelia's situation?

Employee Privacy

Polygraph Tests

  • General Rule: Polygraph tests cannot typically be used to screen applicants.

  • Permitted Use: Can be used during specific internal investigations, especially in certain industries (e.g., security).

  • State Regulations: Various state laws may limit the usage of polygraphs.

  • Federal Rules of Evidence 702: Note that expert testimony must rely on reliable techniques, and polygraphs are often challenged for validity.

Drug Testing

  • General Rule: Drug testing is generally accepted as a condition of employment.

  • State Variations: States differ in their approaches, offering more or less protection against testing.

  • Key Considerations:

    • Testing sometimes mandated based on the sensitivity of the job.

    • Some states protect employees from termination due to legal off-duty substance use, although not applicable for marijuana under federal law.

  • Case Reference: Shepherd v. City of East Peoria; emphasizes reasonable balance of factors for drug testing legality and privacy concerns.

Agency Relationships

Hypothetical: Michaelangelo's Complications

  • Scenario: Michaelangelo is hired by Sculptures Co. and uses his vehicle under strict delivery requirements.

  • **Ethical Concerns:

    • He finds and purchases superior-grade sculpting resin instead of informing Sculptures Co.

    • Michaelangelo is involved in a minor car accident during deliveries and does not report the incident.

  • Legal Questions:

    • Is there an agency relationship?

    • Is Michaelangelo an independent contractor or an employee? Why is this distinction important?

    • What duties does he have, and were any breached?

    • What about Sculptures Co.; what are their obligations?

    • What non-court remedies exist for nonpayment due to alleged employer issues?

    • Does Sculptures Co. need to cover damages from the accident?

High Level Legal Statutes

Standalone Statutes Overview

  • Workers’ Compensation: Functions as the exclusive remedy for workplace injuries but allows for claims in certain circumstances.

  • Occupational Safety and Health Act (OSHA): Enforces workplace safety; main requirement imposed on employers.

  • Family and Medical Leave Act (FMLA): Provides job-protected leave under specific conditions; not automatically granted to all workers.

  • Fair Labor Standards Act: Establishes minimum wage and overtime standards.

  • Section 1981 of the Civil Rights Act of 1866: Addresses racial discrimination in contracting; differs from Title VII claims in causation standards and claim processes.

Labor Relations Hypothetical: Carla and David

  • Background: Carla and David, maintenance employees, jointly submitted a request for improved working conditions, leading to Carla's termination.

  • Unionization: Employees voted successfully to unionize, and Local 70 was certified as their representative.

  • Management's Tactics: Warehouse Co. refused negotiations with the union, showcasing potential unfair labor practices.

  • Legal Terms to Define:

    1. What term describes Carla and David's actions?

    2. What term describes the management's response?

    3. Are conditions met for assessing legal actions?

Equal Pay Act Hypothetical

  • Scenario: Ben and Chloe, Senior Financial Analysts at Consulting Co., receive unequal pay despite similar roles:

    • Ben earns $200,000, Chloe earns $170,000.

  • Considerations:

    • Chloe's claim elements:

    • What defenses are available?

    • What affirmative defense may the company assert?

Title VII Overview

  • Coverage: Includes protections against employment discrimination based on race, color, religion, sex, or national origin.

  • Claim Types: Different claims can emerge, including disparate treatment and impact.

  • Mixed Motive Case: Concept where multiple motives exist, involving a burden-shifting analysis for proving discrimination.

  • Administrative Exhaustion: The requirement for individuals to file a charge with the EEOC before pursuing litigation under Title VII.

  • Adverse Employment Action: Actions that affect the terms and conditions of employment adversely.

  • Harassment Claims: Flowchart outlining liabilities and situations leading to claims, including hostile work environment elements.

  • Religious Discrimination Claims: Required elements of proof and considerations for showing undue hardship.

  • Retaliation Standards: Specific legal differences between retaliation and direct discrimination claims.

Hypothetical: Age Discrimination

  • Background Case: Company Corp. faced a lawsuit under the Age Discrimination in Employment Act when Brenda (age 45) was not selected for a position over Victor (age 62).

  • Legal Elements for Claim:

    • Identification of necessary evidence used to support an age discrimination claim.

    • Causation standards required for a successful claim.

  • Expected Outcome on Facts Presented: An exploration of likely results based on stated facts.

Hypothetical: Disability Discrimination

  • Case Details: An employee diagnosed with severe chronic anxiety, affecting his ability to perform essential functions of a field technician's role.

  • Accommodation Request: Seeking to be relieved of driving and client interactions, which the employer partially denied.

  • Legal Evaluation:

    • Determining the elements of an ADA discrimination claim and assessing whether they are met.

    • Analyzing the employer's obligations to consider alternative accommodations.