Journal of Individual Employment Rights最新文献

{"title":"THE UNINTENDED CONSEQUENCES OF OUTSOURCING SEXUAL HARASSMENT INVESTIGATIONS","authors":"J. F. Morgan, G. Gomes, J. Owens","doi":"10.2190/TK4B-61XK-UJ91-GD1W","DOIUrl":"https://doi.org/10.2190/TK4B-61XK-UJ91-GD1W","url":null,"abstract":"This article examines the unintended consequences of an organization’s decision to outsource investigations of sexual harassment following a claim of wrongdoing. United States Supreme Court decisions have affirmed an employer’s “vicarious liability” for failing to take reasonable care to prevent or correct promptly sexually harassing behavior. Organizations not possessing in-house expertise to conduct such investigations will likely seek expert assistance from knowledgeable and experienced attorneys or private investigators from outside the firm. According to a recent ruling by Federal Trade Commission staff, such externally conducted investigations fall under the provisions of the Fair Credit Reporting Act, thus placing additional compliance burdens on firms attempting to rid the workplace of gender-based discrimination. This article reviews these developments, offers advice on managing the investigative process, and suggests ways in which business might lobby for changes in public policy to ease this newest burden. After sexual harassment took center stage during the 1991 confirmation hearings of Clarence Thomas as associate justice of the United States Supreme Court, the number of harassment charges filed with the Equal Employment Opportunity Commission (EEOC) rose substantially. Concomitantly, lawsuits claiming violations of federal and state sexual harassment laws became commonplace. The growth of harassment filings has increased liability risks for all organizations, 123","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126056269","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}

{"title":"Dealing with Sexual Harassment: Issues of Discipline","authors":"Mark D. Karper","doi":"10.2190/9ETC-U5TG-LB2N-WKBW","DOIUrl":"https://doi.org/10.2190/9ETC-U5TG-LB2N-WKBW","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130485525","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}

{"title":"A Dialogue on a Contemporary Issue: The Hooters Case","authors":"C. Coleman","doi":"10.2190/H684-PR1K-4EYM-4U4L","DOIUrl":"https://doi.org/10.2190/H684-PR1K-4EYM-4U4L","url":null,"abstract":"This entry in this issue of JIER is the first of what I hope will be a continuing feature of the journal. JIER is concerned with significant, contemporary issues bearing upon individual employment rights. I want to stimulate a discussion of such issues with outside experts and with the Journal‘s readers. My vehicle for doing so in this issue is a court decision. In the following pages is a lengthy extract from a case decided in 1999 by the Fourth Circuit Court of Appeals. I ask our readers to review this case and send me a oneto three-page analysis of the decision for possible publication in the Journal. I am looking for your thoughts on the issues raised in the case, your opinions about the decision and the reasoning, and your ideas about the implications of the case. Because this issue of JIER is concerned with sexual harassment, the case deals with that topic and with the enforceability of a predispute agreement to arbitrate sexual harassment and, by implication, other statutory issues. The case involves a hostess in a restaurant who was pinched and patted by her supervisor, complained, and quit when the company did nothing to rectify the situation. When she threatened to sue, the firm insisted on the enforcement of an agreement to arbitrate all such disputes. In the literature that deals with the arbitration of labor and employment disputes, one can find literally hundreds of articles on the arbitration of disputes that involve public policy or statutory issues. I ask that your analyses focus on the organizational, managerial, human, and ethical issues involved rather than on the technical and legal issues associated with predispute agreements to arbitrate. Please send your replies to: Charles J. Coleman, Editor Journal of Individual Employment Rights 19-21 Potter Street Haddonfield, NJ 08033","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127831647","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}

{"title":"New Twist in Sexual Harassment Cases: Faragher and Ellerth","authors":"D. Little","doi":"10.2190/UJK0-HF6J-437Y-UD5P","DOIUrl":"https://doi.org/10.2190/UJK0-HF6J-437Y-UD5P","url":null,"abstract":"Employer liability for supervisory conduct in the area of sexual harassment was addressed by the Supreme Court in 1998 and by the EEOC in 1999. The Equal Employment Opportunity Commission reports that sexual harassment remains a pervasive problem in the American workplace. The number of sexual harassment charges filed with the agency and its state counterparts more than doubled between 1991 and 1998 [1]. In 1998 the Supreme Court rendered two significant decisions that changed the focal point in such sexual harassment cases. This article discusses those decisions, their impact on the landscape of sexual harassment law, and possible employer responses. OVERVIEW OF THE LAW OF SEXUAL HARASSMENT Apparently no employment sector is exempt from allegations of harassing behavior. Even the annual report on Texas state judicial conduct for 2000 contained two instances of employer harassment. An appeals court judge was issued a public warning for kissing an employee during court hours, an action that was uninvited and unwelcome. Further, a special master was issued a public reprimand for making an employee participate in the following game as a condition of employment. The judge “would bind the employee’s hands behind her back, tie her ankles, and gag her with a scarf. While the employee was bound and gagged, the judge would watch scenes from his personal collection of ‘bondage’ videos” [2, p. 305].","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122582795","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}

{"title":"Romance at the Workplace: The Issues, the Law, and Some Suggestions","authors":"Renee Storm","doi":"10.2190/XCJQ-JVWJ-X5L1-9214","DOIUrl":"https://doi.org/10.2190/XCJQ-JVWJ-X5L1-9214","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127582623","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}

{"title":"By Any Means Unnecessary: Court Action and the Conciliation Procedure for Unfair Dismissals in the British Virgin Islands","authors":"J. Cumberbatch","doi":"10.2190/YRFF-DXXK-GB0M-AEXF","DOIUrl":"https://doi.org/10.2190/YRFF-DXXK-GB0M-AEXF","url":null,"abstract":"Part V of the Labour Code of the British Virgin Islands seeks to protect certain employees against unfair dismissals and dismissals without just cause in keeping with the principles of the ILO 1963 Recommendation 119 and the 1982 Convention 158 and Recommendation 166 concerning Termination of Employment at the Initiative of the Employer. However, the Code does not expressly provide for direct access to the Court for an employee who alleges that he has been unfairly dismissed. Rather, he is entitled to seek a resolution of the issue by filing a complaint with the Labour Commissioner. If the Labour Commissioner fails to achieve a voluntary settlement after twenty-one days he must transmit the matter to the Labour Minister who shall then attempt to settle it. Should he fail to do so within thirty days, he returns the matter to the parties for, inter alia, \"the pursuit of any legal action which may be available to them.\" In the face of such provision, is a dismissed employee nevertheless entitled to bypass these procedures and commence High Court action or raise unfair dismissal as a defense to an action? The author argues that based on legal principles, there ought to be no such entitlement and analyzes a decision to the contrary. In the second part of the study, the author examines the weakness of the protection against unfair dismissal afforded to Commonwealth Caribbean employees generally and suggests the need for reform. It has never been seriously suggested that the courts, sated with a diet of the weak gruel that is the workers' common law employment rights in the Common­ wealth Caribbean [1], are best placed to protect what might be called the new","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115349596","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}

{"title":"Employment-Based Property Rights","authors":"Michael J. Dinoto","doi":"10.2190/GTH4-2N8J-V0WF-C993","DOIUrl":"https://doi.org/10.2190/GTH4-2N8J-V0WF-C993","url":null,"abstract":"Effective employee job property rights have recently increased consequent on state-courts-imposed liabilities for management employment decisions. The acquisition, application, scope, and enforcement of these new job rights alter the incentive for union activity. After briefly describing employment-based property rights, recent additions to employee rights and their impacts on union-shop employees and union membership are discussed. Private sector union membership trends, measured as a percentage of the labor force, exhibit thirty years of decline for organized labor. Studies of the decreasing labor market density and economic importance of unions are generally divided into time series analyses of membership trends using macrodeterminants and cross-sectional analyses of individual employee decisions to support a union using microdeterminants [1]. The macro-level explanatory variables most consistently effective in explaining union membership include business cycles [1-3], employer opposition [4], structure of employment [5-6], and election characteristics [7]. Inquiries into the employees' decisions to support unions span the discussions of the Webbs and Marx on collective responses to the rise of capitalism, Perlman's \"scarcity consciousness\" [8] and cognitive dissonance theory [9]. One of the main approaches appearing in the literature focuses on employees' perceptions of union effectiveness in realizing their objectives. From this perspective, the union func­ tions as an instrumentality [9, 10] or has monopoly and voice-response faces [4]. Putatively, a union is one instrumentality or method for improving compensation and dealing with fairness issues in the workplace. *An earlier version of this article was presented at the July 1992, Western Economic Association meetings in San Francisco. © 1995, Baywood Publishing Co., Inc. 87 doi: 10.2190/GTH4-2N8J-V0WF-C993 http://baywood.com","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"391 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116664502","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}

{"title":"A Call to State Legislators: It is Time to Take Inventory of a Former Employee's Ability to Access His/Her Personnel File Under Your State Statute","authors":"Stephen Moniak","doi":"10.2190/LFKD-U6F2-7W9E-9XM8","DOIUrl":"https://doi.org/10.2190/LFKD-U6F2-7W9E-9XM8","url":null,"abstract":"","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123659065","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}

{"title":"The Enhancement of Individual Employment Rights Through Enterprise Bargaining: Australian Case Studies","authors":"A. N. Khan, A. Travaglione, J. Taya","doi":"10.2190/KU9E-P9FV-48F6-N6YP","DOIUrl":"https://doi.org/10.2190/KU9E-P9FV-48F6-N6YP","url":null,"abstract":"When the Australian Industrial Relations Commission introduced its enter­ prise bargaining principles in 1991, it attempted to cement in place through its regulatory framework, mechanisms that would further enhance individual employment rights. This article explores the success of the commission's objectives through four case studies on organizations which have embraced the principles and progressed down the path of workplace reform. The organi­ zations have enterprise agreements that link corporate goals with employee and union goals and in doing so, have achieved considerable commitment of all parties to the process. The strategic philosophy of management appeared to be that consultation with, and the involvement of employees and the unions in the decision-making process, was not only desirable but essential. The assumptions that can be made from the case studies, are that the macroeconomic changes introduced by the commission to achieve microeconomic change at the workplace have been effective, and can be attributed to the fact that management has empowered employees with real involvement, both at an individual level, and in the overall operation and direction of the organizations. © 1995, Baywood Publishing Co., Inc. 229 doi: 10.2190/KU9E-P9FV-48F6-N6YP http://baywood.com 230 / KHAN, TRAVAGLIONE AND TAYA ENTERPRISE BARGAINING IN AUSTRALIA To fully appreciate the nature of the developments in Australia it is necessary to understand what enterprise bargaining is all about. Enterprise bargaining is the process of negotiation undertaken by management, employees, and unions. Its ultimate aim is the achieving of agreement on the actual implementation of enterprise-specific measures designed to improve enterprise efficiency and productivity in return for wage increases. Enterprise-specific measures are now negotiated with the organization, which is a major move away from the previous centralized processes of the former industrial relations system. The process of enterprise bargaining has been driven by the need to lift the international competi­ tiveness of Australian manufacturing industry [2]. It focuses on the enterprise itself and is a significant departure from the traditional adversarial industrial relations environment. Australia is currently grappling with the issue of its competitiveness in the Asian sphere. It has the immediate problem of needing to sell its goods and services in the expanding Asian market, yet at the same time defending its position in Australian markets against overseas competitors, with the benefit of tariff protec­ tion. Australia has attempted to deal with this problem through changes in the macroeconomic structure, in particular the centralized wage-fixing mechanisms that have been in operation for a number of years. The focus has now changed to microeconomic reform at the enterprise level, facilitated by the process of enterprise bargaining, and there have been a number of other associated outcomes. This article con","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"256 24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125518625","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}

{"title":"\"Who's Running the Machine?\" A Theoretical Exploration of Work Stress and Burnout of Technologically Tethered Workers","authors":"W. Murray, Adam Rostis","doi":"10.2190/IE.12.3.F","DOIUrl":"https://doi.org/10.2190/IE.12.3.F","url":null,"abstract":"A recent survey of the mental health of Canadian workers has suggested that the use of information and communications technologies (ICTs) such as wireless e-mail devices either maintains or increases employees’ level of stress. This article explores this finding in more detail and concludes that individual coping strategies employed by workers to minimize the impact of stress are threatened by the ubiquitous communication delivered by ICTs. This in turn can have a negative impact on employee mental health and consequently may lead to negative organizational outcomes. The concept of the technologically tethered worker is introduced, and several propositions are developed for future empirical study. In a recent survey of the health of Canadian workers commissioned by Desjardins Financial Security it was reported that 62 percent of workers claimed they had some form of information and communications technology (ICT) such as a cell phone, wireless e-mail device, personal computer, or pager that allowed the employer to reach them at any time [1]. Furthermore, 54 percent of these workers reported that the use of ICTs maintained their existing stress level, while 29 percent reported an increase in their level of stress through the use of this technology [1]. Given that stress has a direct impact on the mental health of","PeriodicalId":371129,"journal":{"name":"Journal of Individual Employment Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114187171","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}