ly 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 (1918–2015) 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 went where. When I asked how in page iv 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 didn’t 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.

Employment Law for Business page i Ninth Edition Dawn D. BennettAlexander University of Georgia Laura P. Hartman DePaul University 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 legislation—United States. | Discrimination in employment—Law and legislation—United States. | LCGFT: Casebooks Classification: LCC KF3455.B46 2018 | DDC 344.7301—dc23 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 Dedication page iii 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 (1918–2015) 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 went where. When I asked how in page iv 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 didn’t 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? —And last but certainly not least, to Jere W. Morehead, page v 22nd president of the University of Georgia and my 30year colleague. Keep up the good and courageous work and I’ll 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. LPH About the Authors page vi 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 Georgia’s 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 section’s Employment and Labor Law Quarterly; past coeditor of the section’s newsletter; and past president of the Southeastern Academy of Legal Studies in Business. Among other texts, she coauthored, with Linda F. Harrison, McGraw-Hill’s groundbreaking The Legal, Ethical, and Regulatory Environment of Business in a Diverse Society, in 2011. Bennett-Alexander taught Employment Law in the University of North Florida’s 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 Grolier Encyclopedia; edited the National Employee Rights Institute’s definitive book on federal employment rights; has chapters in several other books including five Employment Law entries in Sage Publications’ first and second editions of the Encyclopedia of Business Ethics and Society; has been widely quoted on TV and radio, and in the print press, including USA Today, The Wall Street Journal, and Fortune magazine; and is founder of Practical Diversity, consultants on Diversity and Inclusion as well as Employment Law issues. Among other accomplishments, Bennett-Alexander was one of only ten winners of the prestigious national award for teaching excellence, the 2015 Elizabeth Hurlock Beckman award, presented an invited diversity paper for the Oxford Roundtable at Oxford University, Oxford, England in 2014, and was a 2000–2001 recipient of the Fulbright Senior Scholar Fellowship under which she taught at the Ghana School of Law in Ghana, West Africa, and conducted research on race and gender in employment. She has also taught in Budapest, Krakow, Austria, Prague, Australia, New Zealand, Italy, and Costa Rica. She is the recipient of the 2011 University of Georgia President’s Martin Luther King, Jr., Fulfilling the Dream Award, her University’s highest diversity award, for her outstanding work in building bridges to understanding and unity; the 2010 recipient of the page vii University of Georgia’s Terry College of Business inaugural Diversity Award; and the 2009 recipient of the Ernst & Young Inclusive Excellence Award for Accounting and Business School faculty. She dedicates all her research and writing to her Ancestors, three daughters, and two grandchildren. Laura P. Hartman DePaul University (Chicago) & The School of Choice/l’Ecole de Choix (Haiti) Courtesy Marketing & Communications Department, Questrom School of Business Laura Pincus Hartman is on extended leave from DePaul University to serve as Executive Director of the School of Choice Education Organization, a U.S.–based nonprofit that she co-founded, which oversees the School of Choice/l’Ecole de Choix, a unique trilingual elementary school in Haiti that provides high-quality leadership development education to children living in extreme conditions of poverty. From 2015–2017, Prof. Hartman also served as the inaugural Director of the Susilo Institute for Ethics in the Global Economy and Clinical Professor of Business Ethics in the Department of Organizational Behavior. She also was an Associated Professor at the Kedge Business School (Marseille, France). At DePaul, Prof. Hartman is Vincent de Paul Professor of Business Ethics at DePaul University’s Driehaus College of Business and has held numerous other positions, such as Associate Vice President for Academic Affairs and Director of its Institute for Business and Professional Ethics. Hartman also has taught at INSEAD (France), HEC (France), the Université Paul Cezanne Aix Marseille III, the University of Toulouse, and at the Grenoble Graduate School of Business. Hartman is past president of the Society for Business Ethics, presently co-chairs its Committee on International Collaborations, and directs its Professional Mentorship Program. In the private sector, concurrent to her academic work, Hartman was Director of External Partnerships for Zynga.Org (2009–2012), through which Zynga players of FarmVille, Words with Friends, and other online games have contributed over $20 million toward both domestic and international social causes. From 2009–2011, she represented DePaul University on the Worldwide Vincentian Family’s Vincentian Board for Haiti, and was instrumental in the hands-on design and implementation of a micro-development, finance, and education system for people living in poverty in Haiti. A thought leader in leadership and ethical decision making, Hartman’s work has resulted in the publication of more than 80 articles, cases, and books, and demonstrates the potential for innovative and profitable partnerships to alleviate poverty while providing measurable value to all stakeholders involved. A winner of the Microsoft CreateGOOD award at Cannes Lions (2015), named one of Ethisphere’s 100 Most Influential People in Business Ethics, and one of Fast Company’s Most Creative People in Business (2014), Hartman serves as an advisor to a number of startups and has consulted with multinational for-profits, non-profits, and educational institutions. She was invited to BAInnovate’s inaugural UnGrounded lab and has been named to Fast Company’s “League of Extraordinary Woman.” Hartman graduated magna cum laude from Tufts University and received her law degree from the University of Chicago Law School. She divides her time between Haiti, Chicago, and Sint Maarten, and has been a mother to two daughters. Prelude to the 9th Edition page viii Cover photo: The cover photo is of a classic and well-known American quilt block called Drunkard’s Path. I am an avid quilter not just because I enjoy it, but because in so many ways for me, quilting is a metaphor for life and so much in this text. Nothing illustrates that more than this quilt block. The quilt block is composed of only two curved pieces, one concave quarter square and one convex quarter circle. While the curves fit together perfectly and look neat and tidy when you look at the finished, quilt, when they are being sewn together, right sides facing, the two pieces look like they will never fit. After all, one is concave and one is convex. Putting them together is not an easy task and looks messy in the process. But, in fact, they do fit together and the result is a lovely quilt block with graceful, beautifully fitting curves. The reason I love Drunkard’s Path so much and enjoy working with it is that it always reminds me of what so much of this text is about. It is one of the reasons I admire it so. People who seem quite different in terms of race, gender, ethnicity, religion, sexual orientation, disabilities, etc., much like the Drunkard’s Path pieces, and may not seem like they will fit together. But, in the end, they actually do end up fitting together quite well when the law is used and applied as intended. In addition, just by using different ways of putting these same two pieces together and using contrasting colors, the quilt can look entirely different including circles, concentric diamonds, and ocean waves. Like people, change a thing here or there like hair, eye color, skin color, etc., and we may look different, but, like the two quilt pieces, we are all actually the same basic thing: a human being. I hope you enjoy this beautiful cover as much as we do. On this day, as I write this, the country has just experienced the election and inauguration of a new president of the United States (see Addendum, below). It is unusual for us to mention politics in our pages. After all, we, as a society, like to think that “the law is the law” so politics does not come into it. Since this is a legal textbook we generally honor that. We do so even though we realize that law does not occur in a vacuum. It is not created in one. It is not interpreted in one, and it is not enforced and executed in one. Other factors greatly impact both what becomes law as well as how laws are imposed, executed, and interpreted. However, like the new president, this presidency and administration is not business as usual. The reason we mention it is not political. Everyone is entitled to their own political beliefs and we absolutely respect and honor that. The reason the recent election must be mentioned is because a great deal of the election cycle focused on issues that are greatly impacted by this text. These issues were portrayed in a very negative light for nearly a year and a half. In the end, the candidate who did so won the election. The impact of the negative portrayal by such a high-profile figure was immediately clear when individual acts of harassment and violence against groups protected by the laws in this text broke out across the country. The perpetrators cited the position advocated by the winner as the basis for their feeling validated in carrying out the violence. Time magazine reported that the Southern Poverty Law Center noted a significant rise in hate crimes in the weeks after the election, with over 200 incidents in just over one month, as white supremacists celebrated the winner’s victory.1 As such, and because the workplace is a microcosm of the greater society, there are bound to be repercussions in the workplace. Since, by the nature of the negativity, many of the groups protected by the laws herein and traditionally the objects of discrimination will form most of those claims, it is worthy of note here. So, politics page ix or no, this we cannot ignore. We choose not to take the head-in-the-sand approach in providing you information on this subject matter. It will also help you to be prepared and have context for what will inevitably find its way into the workplace. This textbook is primarily about workplace discrimination under the American laws providing protection from discrimination against groups traditionally treated less well because of some immutable characteristic having nothing to do with their qualifications for a job. Women, the disabled, racial and ethnic minorities, and religious minorities have all been, at some point or another, marginalized, demeaned, castigated, even mocked by the person now leading the country. Supporters took this as permission to do the same, or as validation of their own previously held positions regarding those groups. For instance, former Ku Klux Klan leader, David Duke, today tweeted out his congratulations on the inauguration, saying “We did it!”2 Tomorrow, the day after the inauguration, Washington, DC, is scheduled to have what has been said to be the largest demonstration in the history of National Mall demonstrations. The Women’s March is bringing together from all over the country, thousands of women as well as men, who are concerned about the way women and others have been treated by the new officeholder and what that portends for the future. Over 600 demonstrations are being held across the rest of the country and world that day for the same reason.3 But, aside from the people themselves, who may be the object of the claims, there is also the issue of the legal changes to come. We are not seers and we have no crystal ball. However, given the promises made by the new officeholder over the past 18 months, and the consistency of those promises regarding issues impacting these same groups, we have every reason to believe that changes will come and that they may greatly impact the groups protected by these laws, including women, immigrants, minorities, the LGBT community, and issues such as equal pay, family leave, and labor unions, among others. In the 24+ years since we first began authoring this text, we have seen presidents come and go. We have watched as presidents either engaged in some version of “benign neglect,” or as the outgoing president (Obama), vigorous enforcement of the laws covered by this text. We rarely mention them outside of the context of saying they signed something into law. We have never given an opinion of them. This time around, given the statements made over the past 18 months of the election cycle by the winner of the election, we must. We must say that we stand steadfastly behind the laws this textbook addresses. We must say that we believe in the worth and dignity of all employees and applicants—all human beings—and believe they are due respect as human beings. Any policies that fly in the face of that are not okay with us. We hope for the best, but given the rhetoric of the past 18 months, we nervously await the fate of these laws. This is in stark contrast to this author’s elation on September 24, 2016, as she stood before the 1964 Civil Rights Act exhibit at the historic dedication and opening ceremony of the Smithsonian’s newest addition, the National Museum of African American History and Culture on the National Mall in Washington, DC. Meanwhile, we will continue to do our part to enlighten, to teach, and to stand in the truth of the U.S. Constitution that all are created equal and endowed with certain inalienable rights. Rights carried out by both the U.S. Constitution as well as the laws reflecting them such as those in this text. As an addenda to that, I invite you to check out my TED Talk on these issues on YouTube. Just put my name and/or Practical Diversity into your search engine or YouTube search and it will show …
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