Proactive Approach to Employee Law: A Practical Guide
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The last few years, in America, and around the world, could not have been better for instructors of the law in creating for students' REAL scenarios, from which a great deal of learning can be captured for the preparation of future managers within the professional world. The alphabet soup of Employment Related statutes is a great place to start, but in this course, and this textbook, we will be working to take future managers to deeper levels of understanding which stem from the philosophical high ground of proactivity to PREVENT such difficulties, seen readily in today's workplaces, from becoming issues for these managers in the future. Through proactive study of the "autopsies" of employment situations, seen across numerous fields in the world today, our attempt to actually prepare managers to proactively manage issues, BEFORE they become wars, will move the world of employment law to greater heights - not wholly preventing issues in the modern world of management; but prayerfully lessoning them to keep the positives of labor flowing for many of the next 100 years.
In today's employment environments, there are a plethora of issues raising their "beautifully-ugly" heads which provide for us a road map to learning the highs and lows of the law of employment. We will start your educational path with a "sample scenario" to get you in to the water of our subject matter; getting your feet wet on the complexity of such circumstances in the real world of work.
This textbook, A Proactive Approach to Employee Law, is designed to direct you in the proper direction when situations of the like arise. This textbook does not possess all answers to like scenarios managers in your position will face, but it does provide you the pathway, in collaborating with legal counsel, as a manager, to find more successful than not, outcomes to such situations.
The start to your education in this course is useless without your successful navigation of some base high school courses, which in my experience, not many students have fully captured the importance of though intense study of such topics. This course (and textbook) is not a review of such, but a deeper dive into concepts you may have missed at that point of your education, for a deeper understanding of the applicability of the U.S. Constitution to the area of Employment Law, and its progeny of statutes and legislations.
Your understanding of this document as a model, a birth parent, from which many Employment basis of law are formulated is why this textbook is written for your study. Your foundational understanding of these concepts is vitally important in your preparation for positions in management, and Human Resources, in our nation’s business community and broader future.
Employment Law Overview
Research Writing in Employment Law
CHAPTER 1 PROACTIVE APPROACH TO EMPLOYEE LAW
The Present Dilemma
Basis of Law
Seminal Case Law
Public vs. Private Employers
Management Proactivity I
Management Proactivity II—Policies and Manuals
CHAPTER 2 BASIS OF LAW
Sample Employment Law Scenario
Basis of Law (The U.S. Constitution)
First Amendment (1st Amendment)
Fourth Amendment (Privacy)
Fifth Amendment (Self-Incrimination)
Fourteenth Amendment (Equal Protection)
The U.S. Constitution’s Commerce Clause
CHAPTER 3 SEMINAL CASE LAW/APPLICABLE STATUTES
Seminal Case Law
CHAPTER 4 PUBLIC VERSUS PRIVATE EMPLOYERS
Public Trust Positions (Public Sector)
Right to Privacy
When Must a Private Employer Follow Public Sector Rules (Government Contracts)
The Industrial Revolution
NLRB and EEOC
National Labor Relations Board
Equal Employment Opportunity Commission
EEOC Agency Mandate
Sample Employment Law Scenario
CHAPTER 5 COLLECTIVE BARGAINING/UNIONS
Modern Collective Bargaining Situations
Employment Law Case Strategy
Managers: The Choice Is Yours
Family Business Concerns
Work–Life Balance Issues
CHAPTER 6 DIVERSITY AND AFFIRMATIVE ACTION CONCEPTS
Discrimination or Fairness?
Diversity and Inclusion
Examples From Professional Sports Labor
Base Contract Law
CHAPTER 7 MANAGEMENT PROACTIVITY I
Contract Law [Part II]
Diversity Implementation/Affirmative Action Concepts
CHAPTER 8 WORKPLACE DISCRIMINATION
Sex and Sexual Harassment (Sexual Orientation)
Race and Hair Style Discrimination
HIPPA and Employment
Procedural Processes in Employment Law
CHAPTER 9 WORKPLACE DISCRIMINATION AND MANAGEMENT PROACTIVITY II
Sample Employment Law Scenario I
Proving Discrimination Cases
Sample Employment Law Scenario II
Marijuana Use (Testing and Policies)
Equal Pay (Lilly Ledbetter Law) [Fair Pay Act]
Management Proactivity (Policies/Manuals)
“Back Channel” Disparagement and Retaliation
Sample Employment Law Scenario III
Mr. Haywood currently serves as President of Rod Haywood Enterprises, Inc., a high impact provider of Classroom Instructional, Business Consulting, Educational Tutoring & Study Skills Training, and Athletic Coaching, Training and Mentoring Services. Mr. Haywood also serves as Co-President/CEO of The Indianapolis Center for Educational Enrichment, Inc., a not for profit organization.
Mr. Haywood formerly served as chief executive officer for several not for profit youth serving organizations.
Mr. Haywood has also served as a member of the teaching faculty at the following institutions:
· Indiana University, Kelley School of Business, Bloomington, IN
· Indiana Tech University, Indianapolis, IN
He has received the following faculty awards for high quality institutional instruction:
Kelley School 2002 Trustee Award Winner (Lecturer Category) 2002 Panschar Award Co-Winner-Excellent Teaching-Lecturer Kelley School 2004 Trustee Award Winner (Lecturer Category) John Deere “Faculty Champion of Diversity” Award, spring 2004 Schuyler F. Otteson Award for Teaching Excellence, spring 2004
A Fort Wayne native, Rod was selected as a second team Indiana all-state basketball, and first team (Top 33) football standout at Paul Harding High School in Fort Wayne, Indiana.
He chose Butler University to pursue his collegiate academic goals. As an undergraduate communications major, Mr. Haywood served as a radio news anchor and co-captain of the Butler Men’s Basketball team.
During his playing career he was twice selected to the Midwestern Collegiate Conference (now known as the Horizon League) All-Academic team and was selected Tony D. Hinkle Most Valuable Player, by his teammates, during his senior season.
After graduation and an internship in sports administration, Rod was hired as Coordinator of Multicultural recruitment at Butler University. He led the institution’s efforts to integrate diversity into its recruiting practices by creating the college access programs for local youth and the school’s first Multicultural Student Recruitment Group.
Rod also led restructuring of the school’s minority scholarship program to prevent attack from affirmative action lawsuits. This restructuring took place before the first wave of cases challenging these scholarships, as illegal affirmative action, hit the courts. It was during this period he published work in the Journal of College Admission’s Open Forum in summer 1994.
During his graduate law school experience, Rod was elected vice-president of the Black Law Student Association, and twice elected as a Student Bar Association Senator while publishing several articles in his law school’s weekly newspaper.
During his final year, Rod was recognized as the Best Student in the Study of Trial Advocacy, receiving a West Law Publishing Award and highest class mark for his efforts.
He was awarded the degree Juris Doctor and following a clerkship, and graduation, received an offer to work as a state attorney, in the former office of U.S. Attorney General Janet Reno.
Rod continues to work to provide opportunities for our nation’s youth. He often addresses community organizations and groups around the U.S. to inspire others to create programs, and businesses, for students and families, which will help them to explore life-changing experiences through educational and entrepreneurial improvement.