Jonathan Ingber - Employment Law Update

1 Cover

2 Chapter 1: Employment Law Overview Protected classes Protected classes When an applicant or employee is a member of a protected class, the applicant or employee will have rights under federal or state laws, or both, which are intended to protect the applicant or employee from unlawful discrimination or harassment based on membership in the class. 9 Federal and some state laws broadly define protected classes as encompassing the following: National origin or ancestry Physical or mental disability, or medical condition Race or color Religion or creed Family or marital status Age Sex or gender Genetic information Veteran's status Sexual orientation When ( a ) an applicant is a member of a protected class and is denied employment, or ( b ) a current employee who is a member of a protected class is terminated, denied promotion, suffers a decrease in compensation or benefits, or is demoted, the applicant or employee may file a complaint with the EEOC or equivalent state agencies seeking damages for denial of employment or other adverse actions. In general, an applicant denied employment must show that he or she was at least as well qualified as the least qualified successful applicant who is not a member of the protected class. A well-run employer will know that dealing with members of a protected class requires the employer to exercise “special care.” This does not mean that the employer cannot fire or take adverse employment action against members of a protected class, but doing so can involve an increased risk of claims or allegations that the employer may encounter — especially if the employer or supervisor mishandles the situation. Notes

3 Chapter 2: E-Employment and Cyber Employment Issues Notes

4 Chapter 3: Wrongful Termination, Harassment, and Retaliation Notes

5 Chapter 4: Discrimination Notes

6 Chapter 5: Disability Discrimination and the ADA Notes

7 Chapter 6: Wage and Hour Laws, FMLA, HIPAA, and COBRA Notes

8 Chapter 7: Noncompete, Nondisclosure, and Nonsolicitation Agreements Notes

9 Glossary of Business Management and Personal Development Terms

10 Index

11 SolutionsChapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7

12 End User License Agreement

1 Cover

2 Table of Contents

3 Begin Reading

1 i

2 ii

3 1-1

4 1-2

5 1-3

6 1-4

7 1-5

8 1-6

9 1-7

10 1-8

11 1-9

12 1-10

13 1-11

14 1-12

15 1-13

16 1-14

17 1-15

18 1-16

19 2-1

20 2-2

21 2-3

22 2-4

23 2-5

24 2-6

25 2-7

26 2-8

27 2-9

28 2-10

29 2-11

30 2-12

31 2-13

32 2-14

33 2-15

34 2-16

35 3-1

36 3-2

37 3-3

38 3-4

39 3-5

40 3-6

41 3-7

42 3-8

43 3-9

44 3-10

45 3-11

46 3-12

47 3-13

48 3-14

49 3-15

50 3-16

51 3-17

52 3-18

53 3-19

54 3-20

55 3-21

56 3-22

57 4-1

58 4-2

59 4-3

60 4-4

61 4-5

62 4-6

63 4-7

64 4-8

65 4-9

66 4-10

67 4-11

68 4-12

69 4-13

70 4-14

71 4-15

72 4-16

73 4-17

74 4-18

75 4-19

76 4-20

77 4-21

78 4-22

79 4-23

80 4-24

81 5-1

82 5-2

83 5-3

84 5-4

85 5-5

86 5-6

87 5-7

88 5-8

89 5-9

90 5-10

91 5-11

92 5-12

93 5-13

94 5-14

95 5-15

96 5-16

97 6-1

98 6-2

99 6-3

100 6-4

101 6-5

102 6-6

103 6-7

104 6-8

105 6-9

106 6-10

107 6-11

108 6-12

109 6-13

110 6-14

111 6-15

112 6-16

113 6-17

114 6-18

115 6-19

116 6-20

117 6-21

118 6-22

119 6-23

120 6-24

121 7-1

122 7-2

123 7-3

124 7-4

125 7-5

126 7-6

127 7-7

128 7-8

129 7-9

130 7-10

131 7-11

132 7-12

133 7-13

134 7-14

135 7-15

136 7-16

137 A-1

138 A-2

139 A-3

140 A-4

141 A-5

142 A-6

143 A-7

144 A-8

145 A-9

146 A-10

147 Glossary 1

148 Glossary 2

149 Glossary 3

150 Glossary 4

151 Glossary 5

152 Glossary 6

153 Glossary 7

154 Glossary 8

155 Index-1

156 Index-2

157 Solutions 1

158 Solutions 2

159 Solutions 3

160 Solutions 4

161 Solutions 5

162 Solutions 6

163 Solutions 7

164 Solutions 8

165 Solutions 9

166 Solutions 10

167 Solutions 11

168 Solutions 12

169 Solutions 13

170 Solutions 14

171 Solutions 15

172 Solutions 16

173 Solutions 17

174 Solutions 18

175 Solutions 19

176 Solutions 20

177 Solutions 21

178 Solutions 22

179 Solutions 23

180 Solutions 24

181 Solutions 25

182 Solutions 26

183 Solutions 27

BY JONATHAN INGBER, MST, JD, CPA

Employment Law Update is intended solely for use in continuing professional education and not as a reference. It does not represent an official position of the American Institute of Certified Public Accountants, and it is distributed with the understanding that the author and publisher are not rendering legal, accounting, or other professional services in the publication. This course is intended to be an overview of the topics discussed within, and the author has made every attempt to verify the completeness and accuracy of the information herein. However, neither the author nor publisher can guarantee the applicability of the information found herein. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

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© 2019Association of International Certified Professional Accountants, Inc. All rights reserved.

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ISBN 978-1-11976-381-9 (Paper)

ISBN 978-1-11976-403-8 (ePDF)

ISBN 978-1-11976-402-1 (ePub)

ISBN 978-1-11976-404-5 (oBook)

Course Code: 746443 LAWU GS-0419-0A Revised: April 2019

Evaluate the major categories of employment law exposure for employers.

Assess the historical and current trends in employment law claims, settlements, and verdicts.