Dawn D. Bennett-Alexander - Employment Law for Business

VST.Epub.contentReady(window, document); VST.cfiBase='/4';

page i

Employment Law for Business

Ninth Edition

Dawn D. Bennett-Alexander

University of Georgia

Laura P. Hartman

DePaul University

VST.Epub.contentReady(window, document); VST.cfiBase='/4';

page ii

EMPLOYMENT LAW FOR BUSINESS, NINTH EDITION

Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright 2019 by McGraw-Hill Education. All rights reserved. Printed in the United States of America. Previous editions 2015, 2012, and 2009. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of McGraw-Hill Education, including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning.

Some ancillaries, including electronic and print components, may not be available to customers outside the United States.

This book is printed on acid-free paper.

1 2 3 4 5 6 7 8 9 LCR 21 20 19 18 17

ISBN 978-1-259-72233-2

MHID 1-259-72233-3

Portfolio Manager: Kathleen Klehr

Product Developers: Jaroslaw Szymanski and Michael McCormick

Marketing Manager: Michelle Williams

Content Project Managers: Pat Frederickson and Angela Norris

Buyer: Susan K. Culbertson

Designer: Egzon Shaqiri

Content Licensing Specialist: Carrie Burger

Cover Image: Diane Labombarbe/iStock/Getty Images

Compositor: SPi Global

All credits appearing on page or at the end of the book are considered to be an extension of the copyright page.

Library of Congress Cataloging-in-Publication Data

Names: Bennett-Alexander, Dawn, author. | Hartman, Laura Pincus, author.

Title: Employment law for business / Dawn D. Bennett-Alexander, University of Georgia;

Laura P. Hartman, DePaul University.

Description: Ninth edition. | New York, NY: McGraw-Hill Education, [2018] |

Includes bibliographical references and index.

Identifiers: LCCN 2017047701| ISBN 9781259722332 (alk. paper) |

ISBN 1259722333 (alk. paper)

Subjects: LCSH: Labor laws and legislationUnited States. | Discrimination

in employmentLaw and legislationUnited States. | LCGFT: Casebooks

Classification: LCC KF3455.B46 2018 | DDC 344.7301dc23

LC record available at https://lccn.loc.gov/2017047701

The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a website does not indicate an endorsement by the authors or McGraw-Hill Education, and McGraw-Hill Education does not guarantee the accuracy of the information presented at these sites.

mheducation.com/highered

VST.Epub.contentReady(window, document); VST.cfiBase='/4';

page iii

Dedication

To my Ancestors who endured the Middle Passage, slavery, and its aftermath, so that I could exist; and my parents, Rev. William H., and Anne P. Liles Bennett, who, by their lives of steadfast hard work, faith, and civic engagement made me and my contributions not only possible, but inevitable.

My progeny:

Jenniffer Dawn Bennett Alexander Jones

Ann Alexis Bennett Alexander

Tess Alexandra Bennett Harrison

and my Grands:

Makayla Anne Jones

Edward Christian Alexander Jones

You are such a big part of why I work so hard to make the world a better place.

The indomitable Lizzie Lou Jackson Thomas (19182015) who was one of my first introductions into coming to understand the reality of the dehumanizing invisible lives of difference that we lead and that I needed to work to change it. Lizzie Thomas was a long-time member of the church my father pastored. After the birth of my first daughter, Ms. Thomas insisted on giving me the gift of spotlessly cleaning my heretofore unseen house from top to bottom without asking a single question about what page iv went where. When I asked how in the world she knew what to do, her simple answer opened my eyes to an entirely new reality: she was a maid in the homes of the wealthy in Washington, DC. I was stunned. I had known her all my life and had no idea. I only ever knew her as a tiny, hardworking, generous, dependable church member with a big, kind heart, indefatigable energy, and ready, tinkling laugh. I quickly learned that those she worked for had no idea of who she was outside of being their maid. I, on the other hand, only knew her as a wonderful human being and didnt even know she was a maid. They had no idea of the lively, lovely Lizzie Thomas I had known and enjoyed all my life. They had no real idea of who she was other than the woman who cooked for them, cleaned for them, and served their needs. That simple exchange spurred me on to a life of fighting for the equality of humanity and a quest to have people viewed as human beings deserving of respect rather than nameless, faceless group members judged on the basis of their socially constructed place in society based on race, gender, and other immutable characteristics. RIP, Lizzie Thomas. And thank you. Your exemplary life and simple words had a profound impact far greater than you ever knew.

My sister, Brenda Lynn Bennett Watkins, without whose love, support and devotion my life would be such a different place. Thank you, my sister. What would I do without you?

page v And last but certainly not least, to Jere W. Morehead, 22nd president of the University of Georgia and my 30-year colleague. Keep up the good and courageous work and Ill keep sending the love. Simply put: You. Rock.

D D B-A

For those whose voices continue to be silenced by others, ours is now and always a responsibility to speak. Kenbe la: stand firm, stay true.

L P H

VST.Epub.contentReady(window, document); VST.cfiBase='/4';

page vi

About the Authors

Dawn D. Bennett-Alexander University of Georgia

Courtesy Mike Horn

With over forty awards to her credit, Dawn D. Bennett-Alexander, Esq., is a tenured associate professor of Employment Law and Legal Studies at the University of Georgias Terry College of Business. An attorney admitted to practice in the District of Columbia and six federal jurisdictions, she is a cum laude graduate of the Howard University School of Law and a magna cum laude graduate of the Federal City College, now the University of the District of Columbia. With her coauthor, she was cofounder and cochair, of the Employment and Labor Law Section of the Academy of Legal Studies in Business and coeditor of the sections Employmentand Labor Law Quarterly; past coeditor of the sections newsletter; and past president of the Southeastern Academy of Legal Studies in Business. Among other texts, she coauthored, with Linda F. Harrison, McGraw-Hills groundbreaking The Legal, Ethical, and Regulatory Environment of Businessin a Diverse Society, in 2011. Bennett-Alexander taught Employment Law in the University of North Floridas MBA program from 1982 to 1987 and has been conducting Employment Law seminars for managers and supervisors since 1985. Prior to teaching, Bennett-Alexander worked in Washington, DC, at the Federal Labor Relations Authority, the White House Domestic Council, the Federal Trade Commission, the Department of Justice Appellate Division, Antioch School of Law, and and as law clerk to the Honorable Julia Cooper Mack as she became the first black female judge to be appointed to a court of last resort in the country, the D.C. Court of Appeals. Bennett-Alexander publishes widely in the Employment Law area; is a noted expert on Employment Law and Diversity and Inclusion issues; was asked to write the first-ever sexual harassment entry for

Next page