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Reinstatement of the sexual harasser: the conflict between federal labor law and Title VII. 性骚扰者的复职:联邦劳动法与第七章的冲突。
Employee relations law journal Pub Date : 1993-01-01
T J Piskorski
{"title":"Reinstatement of the sexual harasser: the conflict between federal labor law and Title VII.","authors":"T J Piskorski","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Greater numbers of employers are adopting and vigorously enforcing policies prohibiting sexual harassment in the workplace. Discipline, including possible termination of employment, often is prescribed for the violation of such policies. When employees are represented by a union and covered by a collective bargaining agreement, final decisions relating to discipline often are made by arbitrators pursuant to the agreement's grievance and arbitration procedure. For a variety of reasons, arbitrators may decide that a lesser form of discipline than that imposed by the employer is warranted for acts of sexual harassment. Such arbitration awards present a substantial conflict between two compelling public policies--the public policy favoring the private resolution of workplace disputes and the public policy against sexual harassment. This article will address the several federal courts of appeals' decisions that have attempted to resolve this conflict.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"18 4","pages":"617-23"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20996256","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
Anatomy of an ADA case. Chatoff v. City of New York. ADA病例解剖分析。查托夫诉纽约市案。
Employee relations law journal Pub Date : 1993-01-01
D L Hummel
{"title":"Anatomy of an ADA case. Chatoff v. City of New York.","authors":"D L Hummel","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article addresses plaintiff and defense strategies in the context of an ADA case and is intended to serve as a ready reference to employer's counsel when faced with ADA litigation. In an ADA case, it is essential that counsel humanize the employer by keeping the \"Our Business Supports Diversity\" theme before the trier of facts at all times. This theme should be accompanied by the proposition that plaintiff's demands are not reasonable because they impose an undue burden on the employer or a risk to the safety of the employee or others in the workplace. It is also crucial for defense counsel to become familiar with the plaintiff's attorney's strategic considerations. ADA litigation strategy is illustrated by reference to Chatoff v. City of New York, a landmark ADA case instituted on behalf of the approximately 200,000 hearing-impaired residents of the City of New York, demanding equal and direct access to Emergency 911 services.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"19 1","pages":"103-16"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21055614","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
OSHA compels disclosure of safety and health audits: smart enforcement or misguided policy? OSHA强制披露安全和健康审计:明智的执行还是错误的政策?
Employee relations law journal Pub Date : 1993-01-01
S C Yohay
{"title":"OSHA compels disclosure of safety and health audits: smart enforcement or misguided policy?","authors":"S C Yohay","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"18 4","pages":"663-8"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20996257","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
The Family and Medical Leave Act--key provisions and potential problems. 家庭和医疗休假法——关键条款和潜在问题。
Employee relations law journal Pub Date : 1993-01-01
E H Shaller, M K Qualiana
{"title":"The Family and Medical Leave Act--key provisions and potential problems.","authors":"E H Shaller,&nbsp;M K Qualiana","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The recently enacted Family and Medical Leave Act requires larger employers to provide eligible employees with up to twelve weeks of unpaid leave for certain medical and family-related reasons. This article addresses who the law applies to; the circumstances when leave must be granted; how the leave period is supposed to be scheduled; various notice, scheduling, medical certification, and reporting requirements; reinstatement and continuation-of-benefits requirements; and other key provisions of the Act. The basic requirements of the Act are not complicated, but certain issues that are not addressed by the Act or its legislative history--such as what qualifies as a serious health condition justifying a leave, when an intermittent or reduced schedule leave may be taken and how such schedules are determined, and how differences with state family and medical leave laws are to be reconciled--will have to be resolved by administrative regulation or litigation.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"19 1","pages":"5-22"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20998523","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
Managing AIDS in the workplace. 在工作场所管理艾滋病。
Employee relations law journal Pub Date : 1993-01-01
M D Esposito, J E Myers
{"title":"Managing AIDS in the workplace.","authors":"M D Esposito,&nbsp;J E Myers","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Because of the AIDS epidemic and the protections afforded individuals with AIDS under the Americans with Disabilities Act (ADA), employers are well advised to ensure compliance under applicable law to reduce exposure to employee claims of discrimination and to efficiently manage workplace issues associated with AIDS. Employers should implement AIDS policies and programs designed to educate their workforce to reduce the spread of AIDS and to clear up any misunderstandings about the disease which could wreak havoc in the workplace. This article summarizes suggested action steps for employers and outside resources to consult for guidance.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"19 1","pages":"53-75"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21043821","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
Benefit plan limitations after the Americans with Disabilities Act. 美国残疾人法案之后的福利计划限制。
Employee relations law journal Pub Date : 1993-01-01
D A Copus, G D Nager
{"title":"Benefit plan limitations after the Americans with Disabilities Act.","authors":"D A Copus,&nbsp;G D Nager","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Virtually all company welfare benefit plans contain one or more disability-specific benefit limitations. The Americans with Disabilities Act casts doubt on the lawfulness of these limitations. The legislative history of the ADA is confusing, and the EEOC's failure to offer meaningful guidance on this issue further clouds the situation. Based on the Supreme Court's prior interpretation of language similar to that used in the ADA, we believe all disability-specific limitations adopted prior to the ADA are entitled to a \"safe harbor\"; disability-specific limitations adopted after Congress passed the ADA are still lawful unless the limitations are intentionally used to discriminate in a nonbenefit aspect of employment.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"19 1","pages":"77-89"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21043822","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
Employer strategies for modifying or terminating retiree benefits in the 1990s. 20世纪90年代雇主修改或终止退休人员福利的策略。
Employee relations law journal Pub Date : 1992-12-01
J A Gordon, K A Hunsaker
{"title":"Employer strategies for modifying or terminating retiree benefits in the 1990s.","authors":"J A Gordon,&nbsp;K A Hunsaker","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Over the past decade, access to health care coverage has become a crucial national concern. At the same time, the rising cost of health care, the aging of the population, and new accounting requirements for retiree medical benefits have caused employers to reevaluate their commitment to providing unrestricted health care benefits to the retirees. This article discusses the key federal appellate court decisions concerning an employer's decision to modify or terminate retiree medical benefits. It then explores alternatives for meeting the statutory, legal, and accounting challenges faced by employers who now offer retiree health care coverage.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"18 3","pages":"413-35"},"PeriodicalIF":0.0,"publicationDate":"1992-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20996271","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
Serving two masters: the interaction between Family and Medical Leave Acts and the ADA. 服务两个主人:家庭和医疗休假法案与美国残疾人法之间的互动。
Employee relations law journal Pub Date : 1992-12-01
C R Walworth, M J Strange
{"title":"Serving two masters: the interaction between Family and Medical Leave Acts and the ADA.","authors":"C R Walworth,&nbsp;M J Strange","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The complex interaction between family leave acts and the new Americans with Disabilities Act (ADA) is just coming to light as employers begin to analyze how to comply with both laws. Specifically, the ADA implicates the procedures set forth in most family leave acts for verifying an employee's need for a leave through mandatory medical examinations and doctor's certificates. Many employees who are entitled to a leave of absence under state law are defined as \"disabled\" under the ADA. The ADA protects these employees with disabilities by regulating medical examinations and inquiries, and protecting the confidentiality of information obtained in such inquiries. This article offers some practical guidance for employers in providing leaves of absence under state family leave acts, while verifying the need for leaves in compliance with the ADA.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"18 3","pages":"461-78"},"PeriodicalIF":0.0,"publicationDate":"1992-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21042036","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
Rules of the road in dealing with personnel records. 处理人事记录的道路规则。
Employee relations law journal Pub Date : 1992-01-01
B A Hartstein
{"title":"Rules of the road in dealing with personnel records.","authors":"B A Hartstein","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"17 4","pages":"673-92"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20991175","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
President's health reform plan advocates tax incentives and managed care. 总统的医疗改革计划提倡税收激励和管理式医疗。
Employee relations law journal Pub Date : 1992-01-01
P T Shultz, M Langan
{"title":"President's health reform plan advocates tax incentives and managed care.","authors":"P T Shultz,&nbsp;M Langan","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"18 1","pages":"155-9"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"20992268","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
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