Harvey, Hawkins, Jenoff
Note: Summer 2013: Prof Jenoff's class (3)
This course will provide an overview of the legal contours of the employment relationship from hire through termination and beyond, including anti-discrimination law. It will focus primarily on federal law as applied in the private sector. Topics covered may include the scope of the employment relationship, employment discrimination and harassment, job applicant screening practices, employee privacy rights, workplace torts, statutory wage and hour protection, occupational safety and health regulation, family leave policies, occupational safety and health, and laws regarding plant closings and reductions-in-force.
This course is intended to foster an understanding of the employment relationship in the context
of law, policy and practice. It will explore the interplay between these concentric areas,
including the tensions between them and the countervailing concerns they present.
A survey of common law, as well as statutory and constitutional regulation of the employment relationship in both the private and public sectors, with primary attention to issues not covered in courses on collective bargaining or employment discrimination. Considerable time is devoted to the study of wrongful discharge law. Other topics covered may include job applicant screening practices, restrictions on employee speech and conduct, employee privacy rights, statutory wages and hours protection, occupational safety and health regulation, family leave policies, employer- provided fringe benefits (such as health insurance and retirement benefits), workers' compensation laws, plant closing laws, employee stock ownership plans, and government- provided employee benefits (e.g., unemployment insurance and social security).