Standard

MSD 102 – Employment Law

Course Description

Develops a working knowledge of the laws of employment necessary for managers. Topics include: Employment Law, the Courts, and Alternative Dispute Resolution (ADR), Discrimination Law, Selecting Applicants Under the Law, OSHA and Safety, Affirmative Action, At-Will Doctrine, Right to Privacy, Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), Worker’s Compensation, Unemployment Compensation, and National Labor Relations Act.

Competency Areas		Hours
Employment Law, the Courts, and Alternative Dispute Resolution (ADR)		Class	5
Discrimination Law		D. Lab	0
Selecting Applicants Under the Law		P. Lab/O.B.I.	0
OSHA and Safety		Credit	5
Affirmative Action
At-Will Doctrine and Right to Privacy
Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA), Worker Adjustment and Retraining Act (WARN), Older Worker Benefit Protection Act (OWBPA), Consolidated Omnibus Budget Reconciliation Act (Cobra), and Employee Retirement Income Security Act (ERISA)
Workers Compensation and Unemployment Compensation
National Labor Relations Act
Prerequisite:	Provisional admission
Corequisite:

Course Guide

Competency	After completing this section, the student will:	Hours
		Class	D.Lab	P.Lab/ O.B.I.
Employment Law, the Courts, and Alternative Dispute Resolution (ADR)		6	0	0
Introduction to employment law	Describe law and the personnel function.
	List the federal employment laws most frequently encountered.
	Explain how companies can survive within employment laws.
The court structure	Identify the structure of the federal courts
	Explain the legal documents.
	Make recommendations about use of legal counsel.
Alternative Dispute Resolution	Explain what Alternative Dispute Resolution is.
	List and explain the types of ADR.
Discrimination Law		14	0	0
Civil Rights Act of 1866	Discuss the application and coverage of the Civil Rights Act of 1866.
Title VII	Explain discrimination under Title VII.
	Describe Prime Facie Evidence.
	Explain Bone Fide Occupational Qualification (BFOQ)
	Describe the difference between equal employment and equal opportunity.
	Discuss the retaliation defense.
	Discuss accommodation for religion.
	Discuss Title VII restrictions on sex discrimination.
	Define sexual harassment and hostile environment.
	Discuss the Equal Pay Act and comparable worth.
Immigration Reform and Control Act (IRCA)	Explain the requirement for verification of employability under IRCA.
	Describe the penalties for noncompliance with IRCA.
	List the discrimination provisions of IRCA.
Americans with Disabilities Act (ADA)	Explain accommodation for physical handicap.
	Explain the requirements of the Rehabilitation Act of 1973.
	Explain habitual handicaps (tobacco, drugs, and alcohol) and legal rights.
Age Discrimination in Employment Act (ADEA)	Discuss the requirements of the ADEA.
	Describe the ADEA’s impact on early retirement programs.
Selecting Applicants Under the Law		4	0	0
Preemployment procedures	Discuss the legal implications of recruiting
	Explain the impact of preemployment inquiry on application forms.
	Discuss the risks of preemployment testing.
The selection audit	Explain the legal need for a selection audit.
	Discuss audit requirements for recruitment practices, application reviews, and interview procedures.
OSHA and Safety		4	0	0
Occupational Safety and Health Act (OSHA)	Explain the intent and requirements for compliance with OSHA.
	Discuss the general duty clause of OSHA.
Safety	Explain safety as a human resource function.
	Make recommendations for an ergonomics program.
Affirmative Action		4	0	0
Affirmative action	Explain the scope and purpose of affirmative action.
	Discuss reverse discrimination.
	Describe seniority’s impact on affirmative action.
At-Will Doctrine and Right to Privacy		4	0	0
At- will doctrine	Define the at-will doctrine.
	Discuss judicial application of at-will doctrine.
	Describe how statutes can void at-will doctrine.
	Explain how implied contracts can modify at-will doctrine.
Right to privacy	Discuss the balance between the employees’ right to privacy and the employer’s right to know.
	Define defamation, disclosure, and negligent hiring.
	Explain the Employee Polygraph Protection Act.
Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), Worker Adjustment and Retraining act (WARN), Older Worker Benefit Protection Act (OWBPA), Consolidated Omnibus budget Reconciliation act (Cobra), and employee retirement income security act (ERISA).		6	0	0
FLSA	Discuss the coverage and penalties of the FLSA.
	Explain the difference between exempt and non-exempt employees.
	Accurately define an independent contractor.
FMLA	Discuss the coverage of the FMLA.
WARN	Discuss the coverage of WARN.
OWBPA	Discuss the coverage of OWBPA.
COBRA	Discuss the coverage of COBRA.
ERISA	Discuss the coverage of ERISA.
Workers Compensation, and Unemployment Compensation		4	0	0
Workers compensation	Describe the basic concepts of workers compensation.
	Define work related injury.
Unemployment compensation	Explain the basis for unemployment compensation.
National Labor Relations Act (NLRA)		4	0	0
NLRA	Explain the purpose and provisions of the NLRA.
	Discuss the requirement to bargain and unfair labor practices under the NLRA.

Suggested Resources

Books

Moran, J. J. (2005). Employment Law(3rd ed.). Long Island, NY, Prentice Hall

Walsh, D. J. (2003). Employment Law for Human Resource Practice. South-Western Publishing.

Cihon, P. J., & Castagnera, J. O. (2004). Employment and Labor Law. South-Western Publishing.

Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment Law for Business. McGraw-Hill/Irwin.

Posted: 06/01/06