Journal of Individual Employment Rights最新文献_第4页

THE LAW AND ASTHMA PROBLEMS IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW 法律和工作场所的哮喘问题:雇主需要知道的

Journal of Individual Employment Rights Pub Date : 2000-10-01 DOI: 10.2190/JU0K-B9NR-8FRE-U4K4

Earl E. Ingram, H. Findley

{"title":"THE LAW AND ASTHMA PROBLEMS IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW","authors":"Earl E. Ingram, H. Findley","doi":"10.2190/JU0K-B9NR-8FRE-U4K4","DOIUrl":"https://doi.org/10.2190/JU0K-B9NR-8FRE-U4K4","url":null,"abstract":"Asthma is a growing societal and industrial problem in the United States. Asthmatic employees cause many disruptions and lost productivity in the workplace due to their unexpected and frequent absences. Should the problem persist employers will want to take actions such as progressive discipline to correct the situation. However, companies must be aware of the various legal pitfalls they will encounter along the way. Asthmatic workers are covered by various federal and state disability and family leave laws. This article discusses the ramifications of these laws primarily from a federal legal perspective (Americans with Disabilities Act and Family Medical Leave Act) when dealing with an asthmatic employee. There are currently about 17 million asthma sufferers in the United States [1]. This represents a 26 percent rise over 1993-1994, and the number is expected to continue to rise [1]. Once thought of as just a childhood disease, asthma is striking adults at an alarming rate [2]. In fact, reported cases among adults have more than doubled over the past 20 years [2], and as many as 15 percent of all asthma cases may be traced to on-the-job irritants [3]. This can lead to many unforeseen absences from work. Asthma also poses serious problems for employers in terms of having to cover the job, overtime, administrative hassles, loss of job continuity, and even lost production and sales. In fact, annual national treatment for asthma costs on a national basis is over 6 billon dollars [4]. Employers who take affirmative steps","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"188 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121727807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ARBITRATION AFTER CIRCUIT CITY 巡回城市后的仲裁

Journal of Individual Employment Rights Pub Date : 2000-10-01 DOI: 10.2190/A10K-UWD3-KPXP-V93X

M. Dichter, M. Ballard

引用次数: 1

Sexual Harassment: Different Standards for Different Racial and Ethnic Groups 性骚扰:不同种族和民族的不同标准

Journal of Individual Employment Rights Pub Date : 2000-10-01 DOI: 10.2190/HRHT-AK1X-5E55-1M9Y

M. Marmo, Hervé Queneau

{"title":"Sexual Harassment: Different Standards for Different Racial and Ethnic Groups","authors":"M. Marmo, Hervé Queneau","doi":"10.2190/HRHT-AK1X-5E55-1M9Y","DOIUrl":"https://doi.org/10.2190/HRHT-AK1X-5E55-1M9Y","url":null,"abstract":"To date, the courts have experienced considerable difficulty in determining what constitutes a sexually hostile work environment. Although the courts have not agreed on whether to use a reasonable-person or a reasonable-woman standard in deciding whether a sexually hostile work environment exists, our article raises a further complication: Should the courts also consider the ethnicity and race of the harassed person, because perceptions of sexual harassment also depend on these characteristics? Our article suggests that applying different standards based on the harassed person’s race/ethnicity is neither legally effective nor socially desirable. We argue that the most legally appropriate and socially desirable standard by which to judge sexual harassment cases is a modified reasonable-person standard that takes into account the relevant individual and group characteristics of the person allegedly harassed. To date, the courts have experienced considerable difficulty in determining what constitutes a sexually hostile work environment. The major issue the courts have faced in this regard is whether to use the “reasonable-person” or “reasonable-woman” standard when making this determination [1, 2]. In the case of Ellison vs. Brady, for example, the Ninth Circuit Court of Appeals said that “in evaluating the severity and pervasiveness of sexual harassment, we should focus on the perspective of the victim” [3, at 626]. As the court continued, “a complete understanding of the victim’s view requires, among other things, an analysis of the","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134571068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

MANDATORY ARBITRATION OF STATUTORY DISPUTES: THE VIEW FROM THE FOURTH CIRCUIT 法定纠纷的强制仲裁:来自第四巡回法院的观点

Journal of Individual Employment Rights Pub Date : 2000-10-01 DOI: 10.2190/QUA1-CDTD-GHNL-76GB

C. Coleman, George M. Pangis

引用次数: 0

ISSUES EMERGING IN THE WAKE OF THE EPILEPSY FOUNDATION RULING 癫痫基金会裁决后出现的问题

Journal of Individual Employment Rights Pub Date : 2000-10-01 DOI: 10.2190/CFP7-P4VD-HTEQ-1X4X

Bernadette Marczely

{"title":"ISSUES EMERGING IN THE WAKE OF THE EPILEPSY FOUNDATION RULING","authors":"Bernadette Marczely","doi":"10.2190/CFP7-P4VD-HTEQ-1X4X","DOIUrl":"https://doi.org/10.2190/CFP7-P4VD-HTEQ-1X4X","url":null,"abstract":"On November 2, 2001, the United States Court of Appeals for the District of Columbia upheld the National Labor Relations Board’s decision to extend the right to engage in concerted activities for the purpose of mutual aid or protection in the workplace to nonunionized employees. This right, until now enjoyed only by unionized employees, guarantees that employees may request union or coworker representation at investigatory interviews likely to result in disciplinary action. However, as the theory on which this decision rests finds translation into practice, several significant issues have come to the fore for timely discussion. The right to representation at an investigatory interview emanates from Sections 7 and 8(a)(1) of the National Labor Relations Act [1]. Section 8(a)(1) makes it an unfair labor practice for employers to interfere with, restrain, or coerce employees in the exercise of their rights to organize and collectively bargain, while Section 7 guarantees employees the right to engage in concerted activities for the purpose of mutual aid or protection. In a 1975 case, NLRB v. J Weingarten, Inc., the Supreme Court held that an employer violated Section 8(a)(1) by denying an employee’s request that a union representative be present at an investigatory interview that the employee reasonably believed might result in disciplinary action [2]. The Court agreed with the National Labor Relations Board (NLRB) that an employee’s right to engage in concerted activity includes an employee’s right to seek assistance from the employee’s statutory representative in the face of an inquiry that could lead to discipline or dismissal. In Weingarten, the Court reasoned that the union representative participating in an investigatory conference that could result in","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115133970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

DOCTORS AND UNIONS 医生和工会

Journal of Individual Employment Rights Pub Date : 2000-07-01 DOI: 10.2190/LPJT-JRV3-3DYK-HU2J

P. Staudohar, J. Dworkin

{"title":"DOCTORS AND UNIONS","authors":"P. Staudohar, J. Dworkin","doi":"10.2190/LPJT-JRV3-3DYK-HU2J","DOIUrl":"https://doi.org/10.2190/LPJT-JRV3-3DYK-HU2J","url":null,"abstract":"This is a study of the unionization of physicians. This article will examine the factors that have affected the medical profession encouraging doctors to do something that was unheard of fifty years ago—to unionize. This article describes the societal changes that have encouraged doctor unionization, analyzes the legal overlay, examines the extent of doctor unionization, and makes a number of projections about the future. A half century ago doctors had nearly total control over the management of their profession. They typically worked in solo private practice. This involved either maintaining a separate office and staff or associating with a medical building for purposes of convenience and referral. Doctors had relationships with hospitals, to whom they sent patients. They also worked with private insurance companies for administration of patient claims. But doctors were essentially independent operators, working as general practitioners and, less often, as specialists. There was little regulation by government. The financial rewards and respect for the medical profession were at the highest levels. These were justified, as one practitioner put it, by the “. . . long years of training, hours of service, risk of exposure to disease, shortened earning life-span, attenuated freedom and family life, and devotion to professional self-advancement. . .” [1]. This situation no longer exists.","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133044000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE NLRB AND WORKPLACE INVESTIGATIONS: A MANAGERIAL PERSPECTIVE ON APPLYING UNION RULES TO THE NONUNION WORKFORCE 国家劳资关系委员会和工作场所调查:从管理角度看工会规则对非工会劳动力的应用

Journal of Individual Employment Rights Pub Date : 2000-07-01 DOI: 10.2190/XDE7-C8ML-DYUT-DF9B

J. F. Morgan, J. Owens, G. Gomes

{"title":"THE NLRB AND WORKPLACE INVESTIGATIONS: A MANAGERIAL PERSPECTIVE ON APPLYING UNION RULES TO THE NONUNION WORKFORCE","authors":"J. F. Morgan, J. Owens, G. Gomes","doi":"10.2190/XDE7-C8ML-DYUT-DF9B","DOIUrl":"https://doi.org/10.2190/XDE7-C8ML-DYUT-DF9B","url":null,"abstract":"This article examines the new legal landscape for nonunion employers who contemplate conducting investigations of alleged wrongdoing by their employees. The National Labor Relations Board recently ruled that a certain right (the “Weingarten right”) previously guaranteed only to union members, applies equally to at-will employees in nonunion firms. As a result, all employees now possess the right to ask that a coworker be present during an investigatory interview. While the Weingarten right is sensible in a union environment, significant policy and practical problems arise when this right is extended to the nonunion environment. This article first examines the evolution of the Weingarten right. Next, we discuss the applicability of this right to the nonunion sector. Finally, we summarize the debate over the propriety of applying the Weingarten right to the nonunion workforce. Employers today cannot afford to ignore the importance of conducting investigations into allegations of workplace wrongdoing. Failure to reasonably and competently investigate claims or suspicions of employee wrongdoing may have significant economic impacts on the firm. For employers to receive a heightened","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129233807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

RELIGIOUS ACCOMMODATION PRINCIPLES FOR EMPLOYERS 雇主的宗教包容原则

Journal of Individual Employment Rights Pub Date : 2000-07-01 DOI: 10.2190/ND6V-456T-K8JG-WC7E

H. Findley, Earl E. Ingram, Gordon M. Amsler

引用次数: 5

REDUCING POST-TERMINATION DISPUTES: A NATIONAL SURVEY OF CONTRACT CLAUSES USED IN EMPLOYMENT CONTRACTS 减少解雇后纠纷:全国劳动合同合同条款调查

Journal of Individual Employment Rights Pub Date : 2000-07-01 DOI: 10.2190/V27C-U02F-CMJQ-10F7

P. Galle, C. Koen

引用次数: 8

THE WEINGARTEN RIGHTS OF NON-UNION EMPLOYEES: AN ADVOCATE'S PERSPECTIVE 非工会雇员的权利:一个倡导者的观点

Journal of Individual Employment Rights Pub Date : 2000-07-01 DOI: 10.2190/AC3W-L188-E40M-0XND

S. Strickler

引用次数: 2