Course Description
Amidst a never-ending cascade of high profile claims of sexual harassment, racial, religious, age, and gender discrimination, and retaliation against the likes of Fox News, Uber, Google, CNN, Microsoft, Walmart, McDonald’s and Amazon, never before has employment law been more vital. Currently, and in the years to come, workplace topics of privacy, discrimination, and diversity will continue to grow in importance, necessitating entrepreneurs and managers who are fine-tuned to the nuances of employment law.
All students who intend to run their own startup business or who plan to serve in a consultant or management capacity at a small to large company will find this course essential to operating a successful enterprise in the 21st century and avoiding costly litigation in the employment law arena.
This course will explore and debate real-life cases of employment law, some of which are pulled straight from the headlines, such as the Fox News and CNN sexual harassment, race, gender and age discrimination cases, the Uber cases (where drivers nationwide have attempted to be reclassified as employees instead of as independent contractors), the Hooter’s case (sex discrimination case filed by men for gender discrimination), Abercrombie & Fitch case (where a woman claimed religious discrimination due to the company’s prohibition of head coverings forbidding her hijab), the new overtime laws and regulations, Ban the Box Laws (dealing with background checks of protected employees), Sarbanes-Oxley (whistleblower cases), overtime issues, and the new EEOC regulations on employer wellness programs.
Initially, the goal will be to have the students identify potential employment issues—many of which are counterintuitive. Thereafter, we will discuss the practical implications and applications of the various laws in the employment setting, such as: best practices when interviewing; disciplining; firing; providing performance reviews; documenting claims; investigating claims; and dealing with workplace issues involving discrimination, harassment, retaliation, and compliance with all employment and wage/hour laws.
This course will explore legal and ethical employment issues, including: To what extent is employee privacy protected? May an employer check the social media sites of applicants and/or employees? When does differential action based on gender, religion, race, national origin, citizenship, sexual orientation, disability, obesity, genetic information, or age constitute discrimination? In states where marijuana is legal how does this impact a company’s drug testing and drug free rules? Are workers to be classified as employees or independent contractors? When does overtime apply (exempt vs. non-exempt employee)? Under what circumstances are employees entitled to leaves of absence for FMLA, disabilities, workers compensation, and military service? Must maternity and paternity leave be an equal amount of time?
Past students have found this discussion-centric class to be lively, engaging, intellectually stimulating, and, most importantly, practical in its application to the workplace.
