Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
162 ■Chapter 14
H. Occupational Safety and Health Administration
❊OSHA enforces laws passed by Congress and regulations adopted by OSHA that mandate safe
conditions at work sites.
❊Additionally, some states have adopted their own safety standards, which are at least equal to
OSHA’s and may be more stringent.
❊Examples of the thousands of OSHA regulations include proper labeling and storing of hazardous
materials (such materials may be present in cleaning solvents and pesticides used in restaurants or
hotels), mandated safety devices for meat-cutting machinery, procedures to reduce the spread of
such diseases as hepatitis B and the HIV virus through blood-borne pathogens, proper storage and
placement of portable fire extinguishers, and maintenance of specified first-aid devices.
❊The agency hires and trains inspectors who visit workplaces to investigate whether employers are
complying with applicable safety rules.
❊In addition to routine safety audits, inspections occur in response to accidents, complaints by
employees or customers, and referrals from other government agencies.
❊Restaurant and hotel trade associations provide training and awareness materials to assist members
in identifying risks, preventing accidents, and complying with OSHA regulations.
❊Hospitality facilities need to be aware of federal and state workplace safety rules.
I. Unions
❊The resulting contract between workers and management is called a collective bargaining agreement.
❊Union membership customarily enhances the bargaining power of workers because unions are acting
on behalf of not just an individual but rather groups of employees.
❊Management, not surprisingly, usually prefers a nonunionized workplace where its control is unbri-
dled by a union.
❊National Labor Relations Act
■An employer violates the NLRA if it refuses to hire an applicant because of union activity or retal-
iates against a union activist by, for example, demoting, transferring, or terminating that person.
❊National Labor Relations Board
■Enforcement of the National Labor Relations Act (NLRA) is done by the National Labor Rela-
tions Board (NLRB).
■Unfair labor practices include threats, warnings, acts, and orders to refrain from protected union
action; discrimination against employees who participate in union activities; retaliation for filing
a charge of an unfair labor practice with the NLRB; and refusal to negotiate in good faith with
union representatives over conditions of employment.
J. Answers to Case Example Questions
14-2-1. Why is it necessary for a terminated employee seeking to establish discrimination to
show she was replaced by someone not within her protected class?
Since the plaintiff is alleging discrimination based on her race (white), it is necessary that she
prove that she was terminated because of her race (i.e., that race was the motivating factor in
her termination). The courts have required that the plaintiff must prove that in cases of alleged
14-4-1. Why was fluency in English important in the job the plaintiff sought? Why was it less
important for her job as a chambermaid?
The plaintiff had applied for a position as a front office cashier, which required a significant
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 162
Employment ■163
14-5-1. What specific facts influenced the court’s decision?
The specific fact that influenced the court’s decision was that Mr. Rangel had worked for Red
Robin for six months before being asked to cover his tattoos. Mr. Rangel’s testimony, along with
14-5-2. Can you think of a circumstance where a court might decide a case against a server
claiming a religious exemption from a tattoo prohibition policy?
14-6-1. Are you surprised by the court’s decision? Why or why not?
14-6-2. What more would Jespersen have had to prove for her case to have been successful?
Jespersen would have had to submit documentation or other evidence that the relative cost
14-7-1. What is the lesson of this case concerning how an employer who receives a sexual
harassment complaint should respond?
When an employer receives a sexual harassment complaint, the response should include the
following:
■Changing the work site of the harasser
■Terminating the harasser
14-8-1. What role did the employee handbook play in the court’s decision?
Metropol offered a legitimate, nondiscriminatory reason for discharging Rivera for his
Key Terms
At-will employment An employment contract be-
Back pay The difference between (a) the amount of
money the plaintiff would have earned in the absence
his salary without the raise he should have received; pay
Bona fide occupational qualification A job quali-
fication that legally discriminates on the basis of race,
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 163
164 ■Chapter 14
K. Answers to End-of-Chapter Questions
❊Review Questions
1. What statute imposes a minimum-wage requirement on employers?
2. Name two exceptions to the minimum-wage requirement.
Exceptions to the minimum-wage requirement include (1) employers with less than a certain
Business necessity defense Raised when a criterion
Collective bargaining The process whereby repre-
sentatives of a union negotiate with representatives of
Disparate impact Neutral employment practices
Disparate treatment Intentional discrimination
Equal Employment Opportunity Commission
Glass ceiling Refers to artificial barriers that have held
Hostile environment sexual harassment Verbal
Quid pro quo sexual harassment Unwelcome sex-
or she is being paid unfairly and complains or com-
mences a lawsuit under the FLSA, the employer is
requires significant difficulty or expense on the part
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 164
Employment ■165
3. How much is an employee entitled to be paid for working in excess of 40 hours a week?
4. Name five protected classes for employment purposes.
The protected classes for employment purposes are (l) race, (2) skin color, (3) sex, (4) national
5. What is Title VII?
6. To what do the initials EEOC refer?
7. Name four remedies available for a Title VII violation.
The remedies are (l) an injunction, (2) an order requiring the employer to adopt a policy for-
8. What must a plaintiff prove to establish a retaliatory discharge?
9. Name two racial groups other than African Americans and Caucasians.
10. Under what circumstance can an employer refuse to hire an applicant who speaks only
minimal English?
The employer can legally refuse to hire such an applicant if the inability to speak the language
11. In the category of age, who is included within the protected class under federal law?
12. What are the two types of sexual harassment? Provide an example of each.
The two types are (1) quid pro quo and (2) hostile environment. An example of the former type
13. Name five types of activity that can constitute sexual harassment.
The following are examples of conduct that can constitute sexual harassment: (1) insults,
(2) pressure for sexual activity, (3) persistence in asking an employee out on a date when he
14. In what ways can an employee relay the unwelcome nature of sexually harassing conduct?
In some circumstances lack of consent can be implied from the nature of the activity, such as
coerced sexual intercourse. In most circumstances the employee must clearly state a lack of
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 165
166 ■Chapter 14
15. What type of discrimination against a pregnant worker is prohibited by the Pregnancy
Discrimination Act?
An employer cannot treat disabilities relating to pregnancy and childbirth less favorably than
16. To what aspects of employment does the ADA apply?
17. What is the difference between essential functions of a job and nonessential functions?
18. What is the significance of a task being deemed essential or nonessential?
Essential functions are the core responsibilities of a job, as distinguished from marginal or
19. Who can an employer require to submit to a medical exam before making a job offer?
An employer cannot require any applicant to submit to a medical exam prior to making a job
20. What does the Immigration Reform and Control Act require of an employer? What is
the penalty if the employer fails to comply?
The Act requires employers to verify that employees are authorized to work in the United
States. The penalty for hiring an illegal alien is a cease-and-desist order, requiring the employer
21. Why do employers customarily prefer that their employees not unionize? Why do many
employees choose to join a union?
❊Discussion Questions
1. What is the difference between the legal concepts of equal pay and comparable worth?
The concept of equal pay requires that men and women who do the same work be paid the same
2. What do you think prompted the laws that impose a minimum age for employment and
restrict the hours a young employee can work?
They were designed to protect young people, who can be easy targets for exploitation by
3. Why do you think Congress placed a cap in the Civil Rights Act of 1991 on the amount
of compensatory damages a court can award to a plaintiff in most civil rights cases?
Under the Civil Rights Act of 1964, no compensatory damages other than attorney’s fees were
authorized. The objective of including this new remedy in the Act of 1991 was to encourage
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 166
Employment ■167
4. Why are minor differences in grooming rules for male and female employees acceptable?
5. The dining room manager of a restaurant is hiring wait personnel. A person who walks
with a limp applies. The manager is concerned about the applicant’s ability to handle
the physical demands of the job. What can the manager ask the applicant during the
interview, and what can the manager not ask?
The manager can inquire whether the applicant can perform the functions of the job, and can
ask him or her to demonstrate that ability. The manager cannot ask about the applicant’s med-
6. What defense is available to an employer accused of violating the Pregnancy Discrimi-
nation Act? Give an example. Why do you think the legislature included this defense in
the statute?
In circumstances where an employer is imposing adverse job activities on all employees, the
7. What is retaliatory discharge? Why is it illegal?
8. If an employee is assaulted at work by a co-worker, under what theory might the
employer be liable? What is the justification for holding the employer liable under
that theory?
❊Application Questions
1. An employer has an aversion to red hair. She refuses to hire anyone with red hair. Is this
illegal discrimination? Why or why not?
This is not illegal discrimination. Red hair is not a protected class. An employer cannot dis-
criminate on the basis of race, religion, color, sex, national origin, marital status, disability, and,
2. Lee is opening a Thai restaurant. He refuses to hire anyone who was not born in Thailand
as chef, dishwashers, or wait personnel. Is this illegal discrimination against applicants of
other nationalities? Why or why not?
It is illegal discrimination based on national origin to refuse to hire as dishwashers or wait per-
3. Marti is an observant Jew and celebrates eight religious holidays that do not coincide
with legal holidays. Does Title VII require that her employer give her time off for these
holidays? Why or why not?
The employer may be required to give Marti the time off, depending on whether her absence
will cause undue hardship on the employer’s business. If the employer can get by without
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 167
168 ■Chapter 14
Marti’s services on the holidays, the employer must allow her to take the time, although she
does not have to be paid for those days. If her absence will create difficulty for the employer
but the difficulty can be avoided by a reasonable accommodation, the employer must make
4. Allison’s boss continually makes sexually suggestive comments to her and often brushes
against her when she is in his office. She has asked him to stop but he continues. She
recently reported his conduct to the vice president for personnel. He felt she was exag-
gerating the facts and did not investigate or take any action.
A. Is the company Allison works for liable for sexual harassment under these circumstances?
Why or why not?
Yes, the company will be liable. An employer is liable for sexual harassment in the workplace
B. What should the vice president have done?
He should have treated the complaint seriously and investigated it thoroughly. If the inves-
5. Kyle, who is deaf, has applied for a job as a bookkeeper at the Brookside Hotel. The
bookkeeper is required to maintain financial records of the business and prepare
financial reports for management. The information is obtained primarily from guest in-
voices, bills, and receipts. Most of the required reports are submitted in written form.
The bookkeeper is also required to attend two staff meetings a week at which the gen-
eral manager orally informs the staff of developments at the hotel. The general manager
frequently consults informally with the bookkeeper concerning financial matters.
A. What accommodations could the hotel make to enable Kyle to handle the job responsibilities?
Accommodations will be necessary for the two staff meetings a week and the frequent infor-
mal consultations. The employer could hire an interpreter for the staff meetings, or attempt
Sometimes deafness is accompanied by a limited ability to speak. If Kyle has this disabil-
B. Will the hotel be obligated to make those accommodations or can it refuse to hire Kyle because
of his disability? Why?
6. The Bystone Restaurant, a 25-table family restaurant with a strong business of take-
out ice cream, has advertised for a manager. Among the applicants are a woman in a
wheelchair with a bachelor’s degree in restaurant management and two year of experi-
ence as an assistant manager at a similar restaurant, and a man with a master’s degree
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 168
Employment ■169
in restaurant management and five years of experience, three as an assistant manager
and two as a manager. What is the employer’s obligation to the disabled applicant?
A preference for the disabled woman is not required. An employer is not obligated to give
7. The Nimark Hotel is hiring a business manager. Of all the applicants, the two most
qualified are a citizen of the United States and a citizen of France legally authorized to
work in this country. According to the Immigration Reform and Control Act, if the two
are equally qualified, which one should be offered the job? Why?
8. What risks must an employer address concerning employee blogs?
This question does not address one key component. Is this an internal employee blog or a blog
maintained by an individual strictly for that individual’s enjoyment? If the blog is maintained
COPYRIGHT © 2008 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
51934_14_Ch14_p151-169.qxd 7/6/07 10:40 PM Page 169
