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Glossary of Law Midterm Employment

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Non-Compete Agreements (Permitted if...)
1. part of otherwise valid Contract
2. clause serves as legitimate business prupose
3. rescticion on competition is resonable in time, scope, and geographic area
4. can not impose undue hardship
Examples of Wrongful Discharge
1. Terminiation in violation of an express employment contract
2. Implied contract (employee manual)
3. Public policy exception (whistleblowing)
Title VII of the Civil Rights Act of 1964
Applies to companies wiht 15 or more employees; Applies to protected classes (race, color, religion, national origin, genter (cinludes pregnancy, childbirth and related issues), age or disablity
Disparate Treatment
Intentional Discrimination; (ALL must apply) (1) a member of a protected class (2) applied and was qualified for job (3) rejected by employer AND (4) employer continued to seek applicants for position or filled position with person not in protected class
Disparate Impact
Unintentional Discrimination; (ALL must apply) (1) as a result of educational or other job requirements or hiring procedures, the employer's work force does not reflect the % of a protected class that characterizes the labor pool in that locality AND (2) person in question is a member of protected class
Defenses for Employment Discrimination
(1) Business Necessity (disparate impact cases only) (2) Bona Fide Occupational Quallification (BFOQ)(for religion, sex and national origin only); BFOQ = discrimination is "resonably necessary to the normal operation of a particular business." (3) Merit (4) Seniority
Quid Pro Quo (Sexual Harrasment)
Sexual favors in exchange for employment favors
Hostile Environment (Sexual Harrasment)
"the workplace is permeated with discriminatory intimidation, ridicule,, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." (US Supreme Ct)
Employee Privacy Rights
1. Employers can monitor employee electronic communicaitons in the oridinary course of business
2. Employers cannot require employees to take lie detector tests (except government employees)
3. Employers can require employees to take drug tests ONLY if there is a public safety issue involved.
Managment can curb hostile environment (sexual harrassment) by...
1. written and signed policies
2. training seminars
3. if complaint occurs, hear from both parties right away

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