| Course ID: | LEGL 4500/6500. 3 hours. |
| Course Title: | Employment Law |
Course
Description: | Laws prohibiting employment discrimination based on race, gender (including sexual harassment), religion, national origin, age, and disability, with an emphasis on avoiding unnecessary liability. |
| Oasis Title: | EMPLOYMENT LAW |
Semester Course
Offered: | Offered every year. |
| Grading System: | A-F (Traditional) |
|
| Course Objectives: | To teach the legal implications of dealing with employees in the work setting who
may present challenges regarding discrimination on the basis of race, gender,
religion, national origin, age, disability, pregnancy, affinity orientation and
other categories covered by employment legislation. |
| Topical Outline: | Chapter 1 - Regulation of the Employment Relationship
employment at will
wrongful discharge
at-will exclusions
contracts
government
collective bargaining agreements
at-will exceptions
violation of public policy
breach of implied covenant of good faith and fair dealing
breach of implied contract
Model Uniform Employment Termination Act
Chapter 2 - Who or What Constitutes an employee and employer?
Read only
Chapter 3 - Regulation of Discrimination in Employment: Title VII of the Civil Rights
Act of 1964
what is prohibited
who is covered
who is not covered
filing claims
judicial review
remedies
jury trials
theoretical basis for lawsuits
disparate treatment
McDonnell Douglas v. Green
Defense:
legitimate non-discriminatory reason
disparate impact
Griggs v. Duke Power Co.
four-fifths rule
subjective criteria
pre-employment interviews & employment applications
Defense:
BFOQ
business necessity
bottom line defense
Chapter 4 - Establishment of the Relationship
Read only
Chapter 5 - Affirmative Action
Executive Order 11246
Judicial AAP requirements - Santa Clara County case
only after finding of discrimination
temporary, i.e., attain, not maintain balanced workforce
not unnecessarily trammel the interests of whites/males
does not create an absolute bar to advancement
unsettled no legitimate, firmly-rooted expectations of whites/males
minimal intrusion into the legitimate. settled expectations of other employees
Quotas
"Reverse discrimination"
Valuing diversity/multiculturalism |