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introduction | this manual | legal regulation | state law | charter school issues | conclusion | checklist | references
Personnel Policies and Practicies

Table of Contents
  1. Introduction - Including A Brief History of Employment Law and Practice

  2. How to Use the Manual - Including A Table of Issues

  3. Basic Federal and State Legal Regulation of Employment

    1. Fundamentals of Employment Civil Rights Law

      1. Federal, State and Local

        1. Responsibilities to Chartering Authorities

      2. Reconstruction Era and Modern Statutes

        1. The Civil Rights Enforcement Statutes

          1. Section 1981

          2. Section 1983

          3. Conclusion

        2. Title VII

        3. Spending Clause Civil Rights Statutes

      3. Aspects of Employment Covered: "Adversity"

      4. Common Discrimination Issues (and Defenses)

        1. "Disparate Treatment"

          1. BFOQ

          2. Mixed Motives

        2. "Disparate Impact"

          1. Business Necessity

          2. Less Discriminatory Alternative and Failure to Accommodate

        3. Hostile Environment

        4. Retaliation and Coercion

        5. "Affirmative Action" vs. "Reverse Discrimination"

      5. Protected Classes

        1. Race, Color, Nationality, and Ethnicity (Title VII and § 1981)

          1. National Origin and Alienage

          2. National Origin and "English Only"

        2. Sex or Gender (Title VII, Title IX and the Equal Pay Act)

          1. Equal Pay Act

          2. Comparable Worth Theories

          3. Title VII and Title IX

          4. Pregnancy Discrimination

          5. Sexual Harassment

            1. Quid Pro Quo

            2. Hostile Work Environment

            3. The Target of Harassment

            4. Grievance Procedures and Prevention

        3. Religion

          1. Accommodating Religious Practices under Title VII

          2. Establishment Clause Problems

        4. Age Discrimination in Employment Act

        5. Disability Discrimination: Section 504 and the ADA

          1. What is a "Disability"?

            1. Alcoholism and Addiction

            2. Contagious Disease

            3. Disabilities Related to Sexuality and Reproduction

            4. Morbid Obesity

            5. Mental Disabilities

          2. Otherwise Qualified or QIWD

          3. Defining Essential Functions

          4. Interactive Process and Reasonable Accommodation

            1. Architectural Access and Auxiliary Aids

            2. Testing and Pre-Employment Inquiries

          5. Undue Hardship and Direct Threat

          6. Associational Discrimination

        6. Others - State and Local

          1. Marital Status and Nepotism Rules

          2. Political Affiliation

          3. "Lifestyle" Discrimination Laws

          4. Sexual Orientation and Transgender Discrimination

          5. Still Other

      6. Federalism Issues - the 11th Amendment and State vs. Local Charters

      7. Individual Employee Rights

        1. Constitutional Rights

        2. Statutory Privacy Rights and "Whistleblower" Statutes

    2. Basic Workplace regulation

      1. FLSA and Overtime

      2. Family and Medical Leave Act ("FMLA")

      3. COBRA

      4. Employee Retirement Income Security Act (ERISA)

      5. Occupational Safety and Health

      6. Worker's Compensation

      7. Unemployment Compensation

  4. Common Issues of State Public Employment Law and Chartering Authority Policies

    1. Certification and Licensing

    2. Unionization and Collective Bargaining

      1. The Right to Organize

      2. The Right to Protest

      3. The Right to Bargain

      4. The Right to Strike

      5. Seeking Local Counsel

      6. Compliance

      7. Employee Involvement: The Electromation Problem

    3. Tenure

    4. Public Employee Retirement Plans

  5. Charter School Employment Policy Issues and the Common Law

    1. Fundamentals of the Employment Relationship

      1. Who is the Employer

      2. Employees v. Independent Contractors

      3. Contracts, Verbal and Written

      4. Employment Status

        1. At-Will Employment

        2. Between At-Will and Tenure

    2. Hiring Process

    3. Compensation

      1. Salary Schedules

      2. Merit Pay

      3. Intellectual Property Issues

      4. Enrollment Preferences

    4. Conflict of Interest

    5. Employee Evaluation

    6. Employment Policy Development and Upkeep

    7. Grievance Systems and Alternative Dispute Resolution

      1. Employee Grievance Systems

      2. Alternative Dispute Resolution

        1. The Traditional Dichotomy: Arbitration vs. Mediation

        2. Alphabet Soup

        3. 'Arbitrability'

        4. Legal Status

        5. Federal Anti-discrimination Law

        6. "Interest" Disputes

    8. Ending the Employment Relationship

      1. Reorganizations

      2. Employee Misconduct

        1. Absenteeism and Tardiness

        2. Insubordination and Disloyalty

        3. Discrimination

        4. Drug and Alcohol Issues

        5. Off-Duty Misconduct

        6. Disability vs. Cause

      3. Resignation Issues

        1. Constructive Discharge

        2. Abandonment of Employment

      4. Last Chance Agreements

    9. Post-Employment Issues

      1. Covenants Not to Compete

      2. Employment References and the Law of Defamation

  6. Conclusion: Law vs. Practice

  7. Employment Policy and Contract Checklist

  8. Selected References

home | table of contents
introduction | this manual | legal regulation | state law | charter school issues | conclusion | checklist | references