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Wayne N. Outten - The rights of employees and union members: the basic ACLU guide to the rights of employees and union members

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This revised and updated edition of The Rights of Employees and Union Members is actually two books in one, combining two earlier ACLU handbooks, one dealing with the rights of employees and the other with the rights of union members. Utilizing a simple question-and-answer format, the authors examine in detail such topics as the employment relationship, compensation and benefits, discrimination (including discrimination based on race, ethnicity, sex, religion, age, disability, AIDS, sexual orientation, and veteran and reservist status), the union workplace, and workplace protections. The handbook provides particularly relevant information regarding the hiring process, the right to privacy, and disability discrimination and includes appendixes on federal antireprisal statutes and legal resources for employees.Written for every working American, this book sets forth individual rights under present law and offers suggestions on how citizens can take steps to protect themselves. Like others in the series, this volume was developed in the hope that Americans, informed of their rights, will be encouraged to exercise them.

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Wayne N. Outten
The rights of employees and union members: the basic ACLU guide to the rights of employees and union members

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Page i
Wayne N. Outten is a member of the law firm of Lankenau Kovner & Kurtz. His practice consists primarily of representing individual employees in employment matters. He is a founder and board member of the National Employment Lawyers Association and an active member of other bar associations and civil liberties organizations. He was formerly an instructor at New York University School of Law and a law clerk for Senior U.S. District Judge Gus J. Solomon in Portland, Oregon. He is a graduate of New York University School of Law.
Robert J. Rabin, after his graduation from Harvard Law School, was an Arthur Garfield Hays Fellow in Civil Liberties at New York University School of Law. He then practiced labor law, first on the union side and then representing employers. He is now a labor arbitrator and mediator. Professor Rabin teaches labor law and related subjects at Syracuse University College of Law. He is the author of a casebook on labor and employment law and is the editor of The Labor Lawyer, the quarterly journal of the American Bar Association's Section on Labor and Employment Law.
Lisa R. Lipman is in private practice in New York City where she specializes in representing employees in employment matters. She is a member of the Executive Board of the National Employment Lawyers Association of New York as well as other bar association committees concerned with employment rights. She has chaired numerous conferences designed to educate lawyers representing employees about employee rights. She is a graduate of Rutgers School of Law in Newark and the University of Chicago.
Page ii
Also in this series
THE RIGHTS OF ALIENS AND REFUGEES
THE RIGHTS OF AUTHORS, ARTISTS, AND OTHER CREATIVE PEOPLE
THE RIGHTS OF CRIME VICTIMS
THE RIGHTS OF INDIANS AND TRIBES
THE RIGHTS OF LESBIANS AND GAY MEN
THE RIGHTS OF OLDER PERSONS
THE RIGHTS OF PATIENTS
THE RIGHTS OF PRISONERS
THE RIGHTS OF PUBLIC EMPLOYEES
THE RIGHTS OF RACIAL MINORITIES
THE RIGHTS OF SINGLE PEOPLE
THE RIGHTS OF STUDENTS
THE RIGHTS OF TEACHERS
THE RIGHTS OF WOMEN
THE RIGHTS OF YOUNG PEOPLE
THE RIGHT TO PROTEST
YOUR RIGHT TO GOVERNMENT INFORMATION
YOUR RIGHT TO PRIVACY
Page iii
AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK
The Rights of
Employees and Union
Members
The Basic ACLU Guide To The Rights Of
Employees And Union Members
SECOND EDITION
Completely Revised and Updated
Wayne N. Outten
Robert J. Rabin
Lisa R. Lipman
General Editor of the Handbook Series
Norman Dorsen, President, ACLU 19761991
SOUTHERN ILLINOIS UNIVERSITY PRESS
CARBONDALE AND EDWARDSVILLE
Page iv
Copyright 1994 by the American Civil Liberties Union
All rights reserved
Printed in the United States of America
01 00 99 98Picture 26 5 4 3
Library of Congress Cataloging-in-Publication Data
Outten, Wayne N. The rights of employees and union members : the basic ACLU
guide to the rights of employees and union members / Wayne N.
Outten, Robert J. Rabin, Lisa R. Lipman.
p.Picture 3cm. (An American Civil Liberties Union handbook)
1. Labor laws and legislationUnited States. 2. Employee rights
United States. I. Rabin, Robert J. II. Lipman, Lisa R.
III. Title. IV. Series.
KF3319.3.0965 1994
344.73'012596dc20
[347.30412596]Picture 4Picture 5Picture 6Picture 793-16895
ISBN 0-8093-1913-6Picture 8Picture 9Picture 10Picture 11CIP
ISBN 0-8093-1914-4 (pbk.)
The paper used in this publication meets the minimum requirements of
American National Standard for Information SciencesPermanence of
Paper for Printed Library Materials, ANSI Z39.48-1984.
Page v
Contents
Preface
vii
Acknowledgments
ix
Part 1.
The Employment Relationship
I.
An Overview
1
II.
The Hiring Process
10
III.
Discipline and Termination
19
Part 2.
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