Last Lecture Outline:I. EMPLOYEE PRIVACYA. Electronic Monitoring1. Generally, employers may monitor e-mails, voice mails, phone records, computer files, internet usage, etc. if the employer provides the system/phone/computer.2. Employees should have no expectation of privacy if employer provides the necessary tools.3. Employers do not need to provide notice of monitoring, but many do to avoid any possible action by the employeeB. Drug Testing1. Unless you work for the government, you have no constitutional protection from drug testing2. Drug testing is regulated by state law and can vary dramatically-Motorola example involving the differing laws of Massachusetts and IllinoisII. IMMIGRATION ISSUES1. Illegal to hire, recruit, or refer people not authorized to work in U.S.2. I-9 verification formsa) 3 days to completeb) Verify that employee is authorized to work in U.S.3. Enforcement/penaltiesa) Government may use random compliance auditsb) Warrants are not requiredc) Substantial fines, possible prison punishment for pattern of violations.B. The Immigration Act1. Allows businesses to hire specially qualified foreign workersa) Employer must show that either(1) No U.S. applicant is qualified, orIII. LABOR LAWA. Historical Background1. Union goalsa) Humane treatmentb) Safe working conditionsc) Fair wages2. Management initial responsesa) Criminal sanctionsb) Injunctions against strikes, boycotts(1932) Government passes Norris-LaGuardia Act to protect peaceful picketing and outlaw Yellow Dog Contracts.c) ViolenceB. National Labor Relations Act (NLRA) (1935)1. Initially passed as comprehensive legislation to deal with labor unrest2. Gives employees the right toa) Collectively bargain (form unions)b) Engage in strikes3. Creates Unfair Labor Practices (UFLPs) for management only: If management engages in the following conduct, then it is a violation of the NLRAa) Interfering with employees attempts to form unionsb) Refusal to bargain collectively with unionc) Discriminating against employees for union actions or affiliationd) Financial support of union4. NLRA is subsequently amended to deal with union abuses of the labor processa) Taft-Hartley(1947) outlaws certain union behavior as UFLPs(1) Closed shops(2) Featherbedding(3) Illegal strikes, pickets, and boycottsb) Landrum-Griffin(1959)(1) Regulates unions internal operations(a) Finances(b) Elections(2) Also outlaws hot cargo agreementsC. National Labor Relations Board (NLRB)1. Administers and enforces NLRAa) Conducts and monitors electionsb) Determines UFLPsD. Scope of NLRA1. Covers any labor dispute that has an effect on interstate commerce2. Exceptionsa) Government employeesb) Supervisors and managementE. Union Elections1. Sufficient employee interesta) Authorization cards (30% or more)b) No election required if there has been an election within the past year2. Appropriate bargaining units-mutuality of interest3. Proceduresa) Secret ballotb) Laboratory conditions(1) Each side may campaign(2) Union’s right to campaign may be prevented on employer’s premises if non-discriminatory.(3) Management may present their views during working hours even if union is forbidden from doing so.(a) Economic consequences must be supported.F. Collective Bargaining1. Bargaining subjectsa) Mandatory: wages, hours, and other conditions of employmentb) Permissivec) Illegal2. Good Faith Bargaining3. Strikesa) Economicb) Illegal4. Rehiring workers after a strike(1) Employee is highly skilled/specialistLecture Outline:IV. EMPLOYMENT DISCRIMINATIONA. Title VII of the 1964 Civil Rights Act1. Applies toa) Employers with 15 or more employeesb) Unions with 15 or more membersc) Any business of union that affects interstate commerce2. Prohibits discrimination on the basis ofa) Raceb) Colorc) National origind) Religion-reasonable accomodatione) Gender3. Filing a complaint under Title VIIa) All victims must first file a claim with the Equal Employment Opportunity Commission (EEOC)b) EEOC may(1) Investigate claim(a) Attempt to resolve dispute with employer(b) If resolution cannot be reached EEOC may(i) File a complaint on the employee’s behalf, or(ii) Issue the employee a right to sue letter(2) Refuse to investigate the claim and issue the employee a right to sue letter.4. Types of discriminationa) Disparate treatment (intentional discrimination)(1) Treating an employee differently because of their race, color national origin, religion, or gender(2) Prima facia case-proving the following elements shifts the burden of proof to the employer(a) Member of a protected class(b) Qualified for the position(c) Rejected by employer(d) Employer continues to seek applicants or fill the position with a person not in the protected class.(3) Employer must offer a legitimate reason for the alleged discrimination: Bona Fide Occupational Qualification (BFOQ)(4) Employee may then try to rebut the legitimate reason.-Police bribery case from Jackson Mississippi.b) Disparate impact (unintentional discrimination)(1) Typically an employer rule or policy disproportionately impacts upon a suspect class.(2) Usually based on statistical evidence of the qualified labor pool(3) Primary defense is the employer policy is a business necessity5. Constructive discharge-intolerable working condition force employee to quit6. Sexual harassmenta) Quid pro quo(1) Benefits for sex(2) Must involve a supervisor or someone in a position to offer benefitsb) Hostile work environment(1) Abusive working environmentc) Same gender harassment-sexual orientation not protectedd) Management issues(1) Create clear policy against sexual harassment(2) Provide meaningful recourse for those who feel harassed.B. Age Discrimination1. Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age2. Applies to people 40 years old and older3. ADEA cases are essentially the same approach as disparate treatment cases.C. Americans with Disabilities Act (ADA)1. Applies to differently abled individuals2. Requires employers to make reasonable accommodations3. Accommodation must not create an undue hardship upon the employer4. Filing a claim is just like Title VII case5. Disabilities include both physical and mental disabilities6. Reasonable accommodation allows employers to essentially use a cost/benefit analysis.7. The ADA extends its protection to association discriminationD. Affirmative ActionLecture:The courts determine gender discrimination under title 7 very loosely. Gay and transgender people are not