Date
Course Title
Pre-requisite (s)
Hours
Legal Issues in Human
Resources Management
None
45
Credits
Course Number
3
MA 60900
Co-requisite (s) None
Out of Class 90
Hours
Place and Time of Class Meeting
San Ignacio University
3905 NW 107 Avenue, Suite 301
Miami, FL 33178
Name and Contact Information of Instructor
Book required
(San Ignacio University, recognizes the use of the textbook in the classroom as part of the educational
methodology and strategy applied in diverse materials. The textbook is part of the curriculum and is used
to reach the student in an effective manner in the classroom. Every student is expected to acquire and use
the textbook.)
Human Resources Law 5th Edition
John Remington, Richard Heiser, Cyrus F Symthe & Kenneth L Sovereign
©2012 | Prentice Hall | Published: March 13, 2011
ISBN-10: 0-256889-6 | ISBN-13: 978-0-13-256889-0
Classroom expectations for students
Attendance Policy
Students are expected to attend all scheduled University classes for the courses that they are
registered for and to achieve the goals set forth by each class instructor. Attendance is taken
daily. Enrolled students are permitted no more than 2 “free” absences in one semester. Students
missing 3-5 classes over the course of the semester will receive a one-letter grade deduction from
their final course grade; missing more than 6 classes will result in failure of the course regardless
of grade average. It is the student's responsibility to arrange to make up work missed because of
an absence.
1|Page
Student Tardiness Policy
A student is considered tardy/late if he/she comes to class 15 minutes late. With three tardies the
student accumulates one full absence. If the student misses half of the class period, it is a full
absence. When a student has more than 6 tardies, the instructor will contact the San Ignacio
University Coordinator of Student Affairs and Academic Department and request an intervention
session with the student. The goal of the intervention session is to develop and implement an
intervention program to help students learn new ways to save and manage time.
NOTE: Plagiarism is defined as the use, without proper acknowledgment, of the ideas, phrases,
sentences, or larger units of discourse from another writer or speaker. Plagiarism includes the
unauthorized copying of software and the violation of copyright laws. Students who commit
plagiarism will obtain a grade of “Failure” on their exam or assignment.
Course Description (must correspond exactly to Catalog description)
The purpose of this course is to demonstrate the connections between law and human relations
management. Students will discover the legal concerns involved in employer-employee
relationships, permissible activities in handling personnel issues, and methods of preventing
escalating legal problems.
Learning Objectives
At the end of this course student will be able to:
•
•
•
•
•
•
•
•
•
•
Explain how the industrialization and urbanization of the United States in the late
nineteenth century changed the nature of employment.
Explain affirmative action in the workplace.
Explain how severance pay can expose an employer to a discrimination suit.
Describe why in some situations it is justified for a pre-employment physical exam and
others do not.
List and explain the responsibilities of the employee and the employer under the FMLA.
Explain if FLSA is applicable for employees that work from home.
Identify four reasons why an employer may appeal an unemployment compensation
charge.
Explain the conditions that must be met before an employee may refuse to work under
OSHA or NLRA.
Identify four disclaimers or caveats utilized both in handbooks and in application forms.
Discuss the purpose for the passage of the National Labor Relations Act in 1935.
2|Page
•
•
•
•
•
Identify the techniques used by public employers and labor organizations to build
constructive relationships.
Describe why supervisors are reluctant to dismiss employees.
Explain the exposure to legal action that an employer risks if it chooses to monitor the
email received by an employee on his or her company computer.
Discuss the restrictions under HIPPA.
List and explain ways that the HR manager can best support the business and employees
in the workplace.
Topical Outline and Schedule
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 1
• Describe the course.
•
Explain how the industrialization and urbanization of the United States
in the late nineteenth century changed the nature of employment.
•
Identify the three reforms initiated during the Progressive Era.
•
Define and explain Employment at Will.
•
Explain why employers are likely to resist or attempt to avoid
requirements to demonstrate just cause before terminating an
employee.
•
Describe how the whistle blower law serves to effectuate good public
policy.
•
Explain wrongful discharge legislation.
•
Syllabus
•
Discuss Library Orientation Course, Instructor to verify completion
•
Compare and contrast collective contracts and individual employment
contracts.
•
Explain the main purposes of the Pendleton Act.
•
Describe why public employees are excluded from coverage under the
National Labor Relations Act in 1935.
•
Discuss why public employees are considered to have property rights
3|Page
in employment versus private sector employees.
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
•
Explain the purpose of an interrogatory.
•
Describe where a lawsuit alleging wrongful discharge is mostly likely
to be filed.
Discussion of Syllabus
Participate in a forum.
Review the Syllabus
Complete the Library Orientation Course. Instructor to verify completion.
Homework: Read pages 1-20 Complete Discussions Questions 1-15 on page
20 Read pages 22-40 Complete Discussion Questions 1-9 on page 53
WEEK 2
• Define and discuss disparate impact.
•
Explain disparate treatment.
•
Discuss discrimination in the workplace.
•
List and discuss steps an employee should take to avoid discrimination
litigation.
•
Compare and contrast how union employees are handled versus nonunion employees.
•
Describe and discuss Griggs vs. Duke Power Co.
•
Discuss Final Class Project & Presentation,
•
List of Topics
•
Describe and explain the Genetic Information Nondiscrimination Act.
•
Explain the Civil Rights Act of 1866 and its amendments.
•
Discuss Title VII and the Civil Rights Act of 1991.
•
Explain affirmative action in the workplace.
•
Define and explain Prima Facie evidence.
•
Explain and discuss discrimination in the workplace.
4|Page
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
Participate in a forum.
Class discussion of assignments.
Homework: Read pages 41-53
Complete Discussion Questions 10-18 on page 53
WEEK 3
• Discuss sexual harassment in the workplace.
•
List and explain steps to avoid discriminatory employment practices.
•
Explain how severance pay can expose an employer to a discrimination
suit.
•
Describe age discrimination in employment act.
•
Explain why age is a factor in decision making.
•
List the requirements that apply to waivers under the Older Workers
Benefit Protection Act.
•
Discuss under which circumstances the courts may award punitive
damages in a discrimination claim.
•
Explain the Older Workers Benefit Protection Act.
•
List and explain steps to follow when selecting employees for
reduction of the workforce.
•
Discuss how to reach a settlement with employees.
•
Explain the importance of avoiding litigation and the potential cost of
such a situation.
•
Discuss the importance of handling early retirement correctly.
Participate in a forum.
Class discussion of assignments.
Library Research. Develop Tentative Bibliography
Due: Project Topic
Due: Tentative Bibliography
Homework: Read pages 59-90 Complete Discussion Questions 1-15 on page
89
WEEK 4
5|Page
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
•
Explain job analysis and how it relates to job descriptions.
•
Discuss the importance of validity and the various types of validity for
selection instruments.
•
Describe the basic elements of an Affirmative Action Plan.
•
Explain when an employer may make a conditional offer of
employment.
•
Discuss why it is important to train interviewers to be in compliance
with the law.
•
Explain why an interview question may seem innocent and legal but be
viewed as inappropriate to others.
•
Due: Project Topic
•
Due: Tentative Bibliography
•
Explain how refusing to hire a convicted felon may be unlawful.
•
Discuss why an applicant should be required to sign an application
form.
•
Describe why in some situations it is justified for a pre-employment
physical exam and others do not.
•
Explain the four-fifths rile to determine the existence of disparate
impact.
•
Discuss negligent retention.
•
Explain the characteristics of a bona fide merit pay plan.
Group discussions.
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 94-116 Complete Discussion Questions 1-8 on page
115
WEEK 5
• Discuss how the courts redefined major life activity.
6|Page
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVE
•
Explain steps to minimize exposure to ADA claims.
•
List and explain the responsibilities of the employee and the employer
under the FMLA.
•
Explain the recourse an employee has if he or she does not like the
accommodations made by the employer.
•
Describe what guidelines should be included in a drug policy.
•
Discuss the FMLA benefits available to military caregivers.
•
Explain under what circumstances may employers intervene or take
disciplinary action against an employee who is abusing drugs while off
duty.
•
Discuss the liability of employers for employees who become
inebriated at company-sponsored events when alcohol is provided by
the company.
•
Explain accommodations for religious beliefs.
•
Identify the definition of a disabled person.
•
Discuss the Americans with Disabilities Act.
•
Describe bona fide occupational qualifications.
Group discussions.
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 119-138
Complete Discussion Questions 1-5 on page 163
WEEK 6
• EXAM I
•
Discuss what compensable time under the Fair Labor Standards Act is.
•
Describe the overtime requirements and stipulations under FLSA.
•
Explain if FLSA is applicable for employees that work from home.
7|Page
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
•
List five factors that distinguish an independent contractor and five
factors indicating that an individual is an employee.
•
Define and discuss what the salary test is.
•
Explain a bona fide merit plan.
•
Explain the direct pay regulations.
•
Discuss what constitutes compensable time.
•
Describe procedures to control overtime.
•
Define and discuss the Equal Pay Act.
•
Explain the definition of equal work.
•
Explain the Birth of Pay Equity Law (Comparable Worth).
Group discussions.
Participate in a forum.
Class discussion of assignments.
Homework: Read pages 138-164
Complete Discussion Questions 6-10 on page 163
WEEK 7
• Explain to what extent workers can work during breaks and lunch time
without being paid.
•
Discuss under what circumstances can compensatory time off can be
used.
•
Identify four reasons why an employer may appeal an unemployment
compensation charge.
•
Discuss the meaning of the “course of employment” requirement in
workers compensation.
•
Explain under which circumstances may drug related accidents be
compensable.
•
Define workers compensation and the six basic concepts of state law.
8|Page
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
•
Discuss the history of unemployment compensation.
•
Explain the Social Security Act of 1935.
•
List and explain the excluded workers under federal law.
•
Explain how an employ qualifies for unemployment compensation.
•
Discuss misconduct schemes that disqualifies employee for
unemployment compensation.
•
Define and explain the procedures for workers compensation.
Group discussions
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 170-182
Complete Discussion Questions 1-7 on page 182
WEEK 8
• Discuss the requirements of the General Duty Clause.
•
Explain how OSHA is enforced.
•
Discuss the public safety law that requires the testing of millions of
transportation employees.
•
Explain the conditions that must be met before an employee may
refuse to work under OSHA or NLRA.
•
Define and explain the role of the Secretary of Labor in implementing
the OSHA Act.
•
Describe the OSHA standard applies primarily to medical care activity.
•
Explain what ergonomics is.
•
Identify common conditions that can be corrected by ergonomic
measures.
•
Discuss safety as a management function.
•
Explain the purpose of the OSHA law.
9|Page
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
•
Define the standards of OSHA.
•
Discuss safety as an organizational responsibility.
Group discussions
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 185-208
Complete Discussion Questions 1-12 on page 208
WEEK 9
• List and explain the types of communications to employees that the
federal government requires from employers.
•
Discuss desirable as opposed to undesirable handbook content.
•
Identify and discuss the various functions of handbooks from the
employer’s perspective.
•
Explain under what circumstances the courts have invalidated
employee performance appraisals.
•
Identify three employer policies that should be published and widely
distributed.
•
List the policies that the employers are required to publish in their
handbooks.
•
Identify and explain handbook content that can help prevent legal
exposure.
•
Identify and discuss handbook content that may encourage adverse
legal actions.
•
List the steps that an employer should follow in a harassment
investigation.
•
Discuss the requirements under the law that an employer must follow
when it anticipates a major layoff of employees.
•
Identify four disclaimers or caveats utilized both in handbooks and in
application forms.
10 | P a g e
•
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
Explain the federal posters that are required to be placed prominently
in the workplace where employees can read them.
Group discussions
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 211-230
Complete Discussion Questions 1-7 on page 230
WEEK 10
• Discuss the purpose for the passage of the National Labor Relations
Act in 1935.
•
Describe the need for parties to bargain in good faith.
•
Explain the impact that the NLRB and courts had in the attempts to
generate equality of bargaining power.
•
Discuss the imposition by the courts of the necessity to observe past
practices of the parties under a contract.
•
Explain the passage of the Landrum – Griffin Act in 1959.
•
Describe the mutual obligation to bargain in good faith.
•
Describe the administration and enforcement of labor agreements.
•
Discuss employee rights under the Weingarten Doctrine.
•
Identify and discuss the use of economic weapons such as strikes and
lockouts.
•
Explain the use of arbitration in dispute resolution.
•
Discuss pay equity and collective bargaining.
•
Explain the bargaining power of unions.
Group discussions
Participate in a forum.
Class discussion of assignments.
Continue research and work on final project
Homework: Read pages 233-247
Complete Discussion Questions 1-8 on page 246
11 | P a g e
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
WEEK 11
• Discuss if public employees should have the right to organize.
•
Explain if public employees have the right to strike.
•
Discuss mandated contract arbitration as a rational alternative to the
right to strike.
•
List the subjects that should be considered mandatory subjects of
bargaining.
•
Explain if any negotiated agreements should be subject to public
ratification.
•
Discuss if public employees bargaining should be open to the public.
•
Explain the legal frameworks in public sector bargaining.
•
Define and explain bargaining power.
•
Describe and explain differences in bargaining practices in the private
and public sector.
•
Compare and contrast the effect of collective bargaining and contract
arbitration decisions.
•
Identify the techniques used by public employers and labor
organizations to build constructive relationships.
•
Discuss the criteria stipulated by law for contract arbitration awards.
Group discussions
Participate in a forum.
Class discussion of assignments.
Due: First Draft of Final Project
Homework: Read pages 248-274
Complete Discussion Questions 1-12 on page 274
WEEK 12
• MIDTERM EXAM II
•
Discuss the differences between public and private sector dismissal
practices.
12 | P a g e
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
•
Explain the procedures or policies might an employer consider to avoid
exposure to charges resulting from involuntary separations.
•
Describe why supervisors are reluctant to dismiss employees.
•
Identify a faulty dismissal.
•
Discuss what is the intent of the federal WARN legislation.
•
List and explain the procedures to terminate an employee.
•
Explain how a defamation of character charge may result from a
dismissal.
•
Discuss how a breach of contract charge may result from a dismissal.
•
Explain just cause and due process.
•
Describe progressive discipline.
•
Discuss constructive discharge.
•
Explain a retaliatory discharge.
Group discussions
Participate in a forum.
Class discussion of assignments.
Homework: Read pages 278-288
Complete Discussion Questions 1-7 on page 287
WEEK 13
• Compare and contrast the difference between binding arbitration and
advisory arbitration.
•
Describe under what circumstances the parties might select ADR as
opposed to litigating a dispute.
•
Define the role of the lawyer in ADR procedures.
•
Explain why many employers require their employees to sign pre
employment arbitration clauses.
•
Discuss why settlements are much more common when using ADR
13 | P a g e
than they are in litigation.
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
•
Identify the role of the Pound Conference in encouraging ADR.
•
Explain why is ADR likely to be effective in resolving discrimination
complaints.
•
Compare and contrast the advantages and disadvantages of utilizing
ADR when an employee challenges discipline in termination.
•
Discuss why arbitration is considered to be the most powerful ADR
mechanism.
•
Explain why the courts have limited appeals of ADR settlements and
awards.
•
Compare and contrast mediation and arbitration.
•
List and explain the multiple forms of alternative dispute resolution.
Group discussions
Participate in a forum.
Class discussion of assignments.
Editing & Revision of Final Project
Homework: Read pages 289-305 Complete Discussion Questions 1-5 on page
315
WEEK 14
• Discuss the difference between management malpractice ad wrongful
conduct.
•
Explain the exposure to legal action that an employer risks if it chooses
to monitor the email received by an employee on his or her company
computer.
•
Describe and discuss the Potter vs. Murray decision that limit the
privacy of employees.
•
Explain what needs to be taken into consideration before administering
a polygraph.
•
Discuss what an employee should and should not say when a company
calls asking for information about an employee.
14 | P a g e
TOPIC (S)
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
•
Explain management malpractice issues.
•
Discuss malpractice lawsuits.
•
Explain privacy rights in the employment relationship.
•
List and explain the recommended policies for polygraph testing.
•
Explain the employer right of search and seizure.
•
Discuss the restrictions under HIPPA.
•
Describe the protection by the qualified privilege doctrine.
Group discussions
Participate in a forum.
Class discussion of assignments.
Editing & Revision of Final Project
Homework: Read pages 306-315
Complete Discussion Questions 6-10 on page 315
WEEK 15
• Final Project
•
Final Presentation
•
Final Exam
•
Compare and contrast the right of an employer to search employees’
lockers or desks in the private as opposed to the public sector.
•
Explain how the qualified privilege doctrine may be lost.
•
Discuss the advantages and disadvantages of the e-Verify system.
•
List and discuss circumstances when employees can be held personally
liable when acting on behalf of the employer.
•
List and explain ways that the HR manager can best support the
business and employees in the workplace.
•
Discuss the changing composition of the workplace.
•
Explain human resources practices to consider.
15 | P a g e
LEARNING
ACTIVITIES
HOMEWORK
& ASSIGNED
READINGS
•
Discuss globalization and immigration.
•
Describe national origin discrimination.
•
Explain the Immigration Reform and Control Act of 1986.
•
List and explain the acceptable documents when verifying employee
eligibility.
•
List and discuss the steps to follow when verifying employees.
Student presentations
Group discussions
Participate in a forum.
Class discussion of assignments.
Read case 10.1 on page 272 and write a 300-word paper that answers the
questions at the end of the case.
Instructional Methods
In developing methodological strategies, it is best to discuss them between teachers and students
in an environment of freedom and mutual agreement in order to ensure that the students make
them their own and take responsibility for their execution and for attaining the goals of this
course.
The following strategies may be used in this class:
1. A review of the questions at the end of each chapter.
2. Check of the reading.
3. Analysis of assigned readings.
4. Group discussions.
5. Individual and group discussions.
6. Preparation of reports.
7. Preparation of a didactic plan.
8. Carrying out a micro-class.
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Instructional Materials and References
Essential Guide to Federal Employment Laws
Authors: Lisa Guerin, and Amy DelPo
Publisher: NOLO; Fourth Edition (April 30, 2013)
ISBN-10: 1413318134 | ISBN-13: 978-1413318135
Employer's Legal Handbook, The: Manage Your Employees & Workplace Effectively
Author: Fred S. Steingold Attorney
Publisher: NOLO; Twelfth edition (May 30, 2015)
ISBN-10: 1413321461 | ISBN-13: 978-1413321463
Employment Law for Human Resource Practice
Author: David J. Walsh
Publisher: South-Western College/West; 4th Edition (February 23, 2012)
ISBN-10: 9781111972196 | ISBN-13: 978-1111972196
17 | P a g e
Assessment Criteria and Methods of Evaluating Students
96 – 100%
90 – 95%
87 – 89%
83 – 86%
80 – 82%
77 – 79%
73 – 76%
70 – 72%
67 – 69%
63 – 66%
60 – 62 %
< 59%
A
 A B+
B
 B C+
C
 C D+
D
 DF
Do not count on a curve!
Generally, the grades “A” through “C-” are considered passing grades. Grades "W" and "I" indicate that
no grades were earned for the course. A "W" grade indicates that the student withdrew from the course. An
"I" grade indicates that the student was passing the course, but failed to complete all the required course
work. The instructor, in his/her discretion may grant an "I" grade instead of an "F", pending completion of
the course work by the student within a specified time arranged by the instructor and told to the student. It
is the student's responsibility to follow-up with the instructor to complete the course work. If the course
work is not completed by the arranged time, the “I” grade becomes an “F".
Distribution of Grade Elements
Homework:
Exams I, II, III:
Final Presentation:
Final Research Project:
Total:
15%
30%
30%
25%
100 %
Date Syllabus Was Last Reviewed: July 2015
18 | P a g e
STUDENT AGREEMENT
Print Student’s Name: _______________________________________
Date: ______________
Course Number and Prefix: _______________
Instructor: _____________________
Semester: _____________________________
Contact Information:
Telephone Number: _______________________________
Cell Number: _____________
Student’s E-mail: __________________________________
I ___________________________ have received a copy of the syllabus
for the above course. I understand and agree to abide by the terms of this
syllabus. I also acknowledge receipt of the syllabus supplementary
information.
19 | P a g e