SYLLABUS - MANAGEMENT 5040
 Employment Law Seminar
 Fall, 2002
 

SECTION:  Tues 6:00-9:00, Rm. 4014, Raley Hall

INSTRUCTOR: Hugh D. Hindman, Associate Professor
PhD, Labor & Human Resources, Ohio State University

OFFICE:  Rm. 4065, Raley Hall

OFFICE HOURS: Tues and Thurs, 9-11 and 4-5, Wed all day, and by appt.

PHONE:  (828) 262-2638 (Office)
(828) 262-1418 (Home)
(828) 265-8685 (FAX)

CYBERLINKS: hindmanhd@appstate.edu (e-mail)

TEXT:   Rothstein, Mark A. and Lance Liebman. Employment Law: Cases and Materials (4th Ed), New York: Foundation Press (University Casebook Series), 1998. With 2001 Statutory Supplement and 2002 Supplement.

Additional readings are made available on library reserve, electronic
reserve (S drive—classdat), or as classroom handouts by the instructor.
 

COURSE OVERVIEW:  This is a graduate level course in employment law designed for aspiring managers, supervisors, and human resource professionals. Most of what you are expected to learn is the substance of employment law itself. You will need to learn something about law in general (sources and methods of law and enforcement) and you will be expected to think intelligently (or at least demonstrate the appearance of intelligent thought) about implications and applications of law in HR policy and practice. But substantive employment law is what the course is about. What is current law on employment discrimination, preference, harassment & bullying, wage & hour, labor, employer-employee, etc, etc, etc? That is the heart of the course.

You should know that the professor is adopting a new format for the course including new text, mostly new supplemental reading material, and essentially new evaluation criteria along with new weights and measures (whatever you’ve heard about this course may no longer be accurate). The course is now a “seminar” in employment law. That means when it comes to “lecture & discussion” there will be more emphasis on discussion than lecture (still, the professor has some standard schtick and some new child labor schtick he plans to present). We will read stuff and talk about it (and occasionally write it up). The seminar method is appropriate under two circumstances: 1) advanced students; 2) small class size. I know the second condition is satisfied. I’m assuming the first. Even if this is your first semester, you are graduate students and I’m counting on you for the advanced level of work that will make the class effective. The reading loading is relatively intensive. Each week there will be a common body of material that all students are required to read (and understand and be prepared to discuss). Most weeks each student will also be required to read and present (and write-up) their own unique assignment. That is the idea of the seminar. The professor organizes the material, presents a bit of it, and enforces standards and expectations; but students also carry a large share of the responsibility for preparing and presenting the material.

GRADES: Half the course grade will be determined by the instructor’s judgment of the student’s preparation and contribution. Students begin the semester with a B on this performance dimension. They can move up based on outstanding preparation and contribution, or down on the basis of inadequate preparation (note—a week of poor preparation will hurt more than a week of exemplary preparation will help). We will touch base from time to time, especially if there is a problem, but occasionally even if there is not a problem, regarding student preparation and contribution. Both quantity and quality of contributions count, but of the two, quality is the most important. The second half of the course grade will be determined by the instructor’s judgment of the student’s written work. Written assignments will vary from rough outlines, notes, and drafts, to detailed analyses. They will be weighted proportionate to the “heft” of the assignment. Students will be given feedback as to the perceived quality of each written assignment submitted.
 

POLICIES AND EXPECTATIONS

Schedule:  The instructor reserves the right to make adjustments in the course schedule if necessary and on due notice to students.

Attendance:  On-time and full-time attendance in each and every class is required. Don’t miss. Students who miss a class, even for good reason, should expect it to be reflected in their final grade.

Contract:  This syllabus is considered a contract between the instructor and the students.
 
 
 

Week Date Session Reading

1. 8/27 
First Session: Introductions, Syllabus, & Get To Work
Work & Society—from the sublime to the ridiculous
Labor Theory of Value
Rothstein, Ch 1 (Work & Law)
2. 9/3 
Development of Employment Law I
Foundations of Employment Law (Master-Servant, Employment-at-will)
Ees & Ers—the name game
Sources of Modern Employment Law  (Seminar—cases in text)

 Rothstein, Ch 2 (Development of Employment Law)
3. 9/10
Development of Employment Law II
Historical Evolution (using child labor as thematic)
Sources of Legal Intervention
Arbitration (Seminar)
 Hindman, Ch 3 (Child Labor Reform)
4. 9/17 
The Hiring Process
Drug Testing (Exercise)  Rothstein, Ch 3 (Hiring Process)

5. 9/24 
Discrimination and Preference in 
Hiring I
Disparate Treatment (Seminar)
Disparate Impact 
Rothstein, Ch 4
6. 10/1 
Discrimination and Preference in 
Hiring II
Affirmative Action Johnson v Transportation Agency (Case) Chap from WGL
Case
7. 10/8 
Training & Development; Promotion & Advancement
Internal Labor Markets
Discrimination in Performance Appraisal (Rowe v GM; Albemarle v Moody; the Phoenix paradox)
Reasonable Accommodation
BFOQ—Johnson Controls to Hooters
Ch 7 (pp. 658-70, Seniority & Promotion)
8. 10/15 
Workplace Discrimination
Sexual Harassment (Seminar)
Workplace Bullying
Rothstein, Ch 7
9. 10/22 
Regulating Conduct
Conduct on the Job
Employee Privacy (Seminar)
Conduct off the Job
10. 10/29 
Wage & Hour Law 
Rothstein, Ch 5

11. 11/5 
Employee Benefits 
Rothstein, Ch 6
12. 11/12 
Workplace Safety & Health
Worker Compensation
OSHA
Hamlet (Case) Rothstein Ch 8 (OSHA) and Ch 9 (Injury & Illness)
13. 11/19 
Discipline & Discharge

Due Process (Seminar—arbitration cases—choose your own)
Implied Contract v. At-Will Case

 Rothstein, Ch 10 (Discharge)

14. 11/26
Discriminatory Discharge
15. 12/3 
Layoffs
16. 12/10 
Final Session
17. 12/17
One More Final Session (?)