ISM 600 EMPLOYMENT LAW Syllabus

ISM 600
EMPLOYMENT LAWMay 2011 Residency
Sunday, May 8th – Wednesday, May 11th
8:00 a.m.- 10:30 a.m.
Prof. Pat Cihon
513  WSoM
443-3647 office/ 443-1381 (secretary)/ 558-2275 (home)
Email: pjcihon@syr,edu

WEBPAGE:   IISM.EmploymentLaw.May2011

OFFICE HOURS:  by appointment — see me after class, or leave an Email message

REQUIRED TEXTS:
1) Employment & Labor Law, Cihon & Castagnera, 7th edition [Referred to as C&C] — Available at the Orange Student Bookstore in M Square Mall

2) Supplementary Materials — To be distributed in class or through the Internet site

COURSE REQUIREMENTS: CLASS PARTICIPATION,   PARTICIPATION IN ON-LINE DISCUSSIONS, AND WRITTEN PAPER. PARTICIPATION IN CLASS DISCUSSIONS IS EXPECTED. STUDENTS ARE EXPECTED TO HAVE READ THE ASSIGNED MATERIAL THOROUGHLY BEFORE CLASS IN ORDER TO FACILITATE CLASS DISCUSSION; STUDENTS ARE STRONGLY ENCOURAGED TO BRIEF THE CASES CONTAINED IN THE ASSIGNED MATERIAL PRIOR TO EACH CLASS. CLASS PARTICIPATION AND BLACKBOARD DISCUSSION ACCOUNTS FOR 25% OF A STUDENT’S GRADE FOR THE COURSE.

Weight Assigned for Grade Determination: The paper is worth 75% and participation is worth 25%.

ACADEMIC INTEGRITY POLICY CERTIFICATION REQUIREMENT
The faculty of the Whitman School of Management has adopted an Academic Integrity Policy emphasizing that honesty, integrity, and respect for others are fundamental expectations in our School. The Policy requires all students who take WSOM courses to certify in writing that they have read, understand, and agree to comply with the Academic Integrity Policy. SoM students should have completed a certification statement. Completed statements will be kept on file in the MBA Office (Suite 315).
CLASS ATTENDANCE POLICY: University regulations provide that requirements and policies concerning nonattendance are established by instructors of each course. Class attendance is expected; students who miss in-class assignments because of nonattendance will not be permitted to make up such assignments. Absences due to medical conditions or because of required participation in university-sanctioned activities will be excused, upon presentation of appropriate documentation substantiating the reason for the absence.

LEARNING OBJECTIVES:
1. To understand the legal nature of the employment relationship.
2. To appreciate the rationale for the development of the equal employment opportunity [EEO] legislation and its effect upon the nature of the employment relationship.
3. To comprehend the requirements of the various federal and state EEO laws and their inter-relationship.
4. To appreciate the impact and effect of the EEO legislation upon management decisions, behavior and procedures.
5. To develop skills for critical thinking and communication skills through class discussion, oral presentations and written work.

COURSE OUTLINE AND READINGS:
Sunday, May 8th
I. Introduction:
A.  Overview of Employment and Labor Law — C&C Chap. 1
A. The Employment Relationship
Readings:
1. C&C — Chap 2
2.  Supplemental Cases — NY At Will Cases,  Lobosco
B.  Common Law Employment Issues :  Torts, Restrictive Covenants, Trade Secrets
Readings:
1.  C&C — Chap 3
2.  Supplemental Cases — restrictive covenants, trade secrets cases
C.  Employee Privacy
Readings:
1.  C&C — Chap 4

Monday, May 9th:
II.  The Development of EEO Legislation
A.. The Legislative Framework
Readings:
1. C&C — Appendices A [Title VII]
2. Supp. — New York State Human Rights Law
B. Title VII — Overview
1. Discrimination under Title VII — Disparate Treatment and Disparate Impact, the “Bottom Line”, Validity Studies
Seniority Systems and Discrimination, Affirmative Action and Title VII
Readings:
1. C&C: — Chap. 6
2.  Supplemental Cases — Washington v. Davis, Albemarle Paper v. Moody,  and the Uniform Guidelines on Employee Selection, Validity Studies

III. Gender Discrimination and Title VII
A. Intro — BFOQ, Sex Stereotyping, Sex-Plus Discrimination
B. Sex Discrimination and Pay Differentials
C. Pregnancy and Family Obligations: Title VII and the Family and Medical Leave Act
D. Sexual Harassment
E. Sexual Preference and Other Sex-Discrimination Issues
Readings:
1. C&C: Chap. 7
2.  Supplemental Materials:

Tuesday, May 10th:
IV. Religious & National Origin Discrimination
A. Religious Discrimination
B. National Origin
V. Title VII Enforcement Procedure and Remedies
A. Enforcement and Procedure
B. Remedies
Readings:
1. C&C: Chap. 8

VI. Age & Disability Discrimination
A. Age Discrimination in Employment Act

Readings:
1. C&C: Chap.9
B. Disability Discrimination
C.  Drug Abuse
Readings:
1. C&C: Chap.10

Wednesday, May 11th:

A. 42 U.S. S.1981, S.1983
B. E.O. 11246
C. Uniformed Services Employment and Reemployment Act
D. National Labor Relations Act
E. U.S. Constitution
F. State EEO Laws
G. Employee Polygraph Protection Act
H. Off the Job Conduct and Employee Privacy
Readings:
1. C&C:  Chap. 11
2. Supp: NYS Labor Law s. 201-d,  Cases
VIII.  Labor Relations Law
A.  Introduction to the NLRA
Readings.  C&C:  Pages 348 -372
B.  Union Representation Elections
Readings:  C&C:  Chap. 13
C. Unfair Labor Practices
Readings:.  C&C:  Chap. 14

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Project Deadlines:
Paper Topic Due:  June 1st
Initial Draft Due:  July 15th
Final Draft:  Aug. 15th
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