Department: Business Studies
Discipline: Paralegal
Subject Code: PLGL
Course Title: Employment Law
Course #: 206
HARRISBURG AREA COMMUNITY COLLEGE
FORM 335
Course Form 335 must be updated at least every five years per AP 765 to include, at a
minimum, the following elements. [§335.2]
1.
Digital Description [§335.2] (Insert new/revised digital description below):
Credit hours:
Lecture hours:
Lab hours:
3.0
3.0
0.0
BL: [ ]⅓ [ ]½ [ ]⅔ [ ] Other (Indicate fraction or percent)
2.
Maximum Enrollment (Insert new/revised maximum enrollments below):
Face-to-Face:
Virtual/Online:
Blended:
3.
4.
Catalog Description [§335.2] (Insert new/revised description in space below):
Introduces students to employment law terms and concepts relevant to the relationship
between employer and employee from recruiting and hiring to termination. This course
covers instruction in specific statutory law related to the workplace that includes
Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Age
Discrimination in Employment Act (ADEA), and Title VII. Students receive instruction
in the appropriate procedural law used in the different forums in which employment law
issues are litigated.
Minimum Grade Required
Prerequisites [§335.2]: PLGL 101
C
Corequisites:
Other:
5.
Learning Outcomes [§335.2]
[These outcomes are necessary to enable students to attain the essential
knowledge and skills embodied in the program’s educational objectives.]
Upon successful completion of the course the student will be able to:


Assist attorneys in an employment law practice
Use terminology appropriate to employment law
12/1/04
Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/31/12; 7/30/13; 8/26/13; 1/31/14
Department: Business Studies
Discipline: Paralegal
Subject Code: PLGL
Course Title: Employment Law







Course #: 206
Differentiate between different areas of substantive law involved in an employment
relationship, including ADA, FMLA, ADEA, Title VII
Identify various legal forums in which employment issues are litigated
Identify substantive and procedural employment law specific to Pennsylvania
Apply procedural law as it applies to employment law issues
Demonstrate improved written and oral communication skills
Recognize the need to meet deadlines through the timely submission of assignments
Discern legal ethics issues as they pertain to employment law
INSTRUCTIONAL METHODS: Lecture, discussion
EVALUATION OF STUDENT PERFORMANCE: Written quizzes and examinations
PARALEGAL COMPETENCY ASSIGNMENTS: Case brief; Electronic search of
appropriate state and federal employment law statutes
6.
Planned Sequence of Instruction [§335.2]
[These must be designed to help students achieve the learning outcomes.]
TOPIC
TIME DEVOTED
Introduction to Employment Law / the employment relationship
2 hours
“Employment at will;” Principal – Agent relationship; Definition of “employer”
and “employee;” “employee” vs. “independent contractor” – right to control test
/ economic realities test / IRS test; Joint employment
Establishing the employment relationship
2 hours
Recruitment; Interview; Pre-employment testing and investigation; Employment
contract – statutory limits; Affirmative action
Compensations regulations for employers
2 hours
Fair Labor Standards Act; Employee exemptions under FLSA; Duties imposed on
non-exempt employees under FLSA; Minimum wage requirements / calculation;
Record keeping; Equal Pay Act; Federal Child Labor Law
Employee benefits
2 hours
Employment Retirement Income Security Act of 1974 (ERISA) – qualified plans –
eligibility and vesting; Consolidated Omnibus Budget Reconciliation Act
(COBRA) – plans covered – qualifying events – election of coverage; Health
Insurance Portability and Accountability Act 0f 1996 (HIPAA) – notice
requirements – certification of prior plan coverage; Stock options; Executive
compensation; Group life insurance; Severance benefits
Evaluating the employee’s job performance
2 hours
Job descriptions; Employee handbooks; Probationary periods; Performance
evaluations
Terminating the employment relationship
2 hours
Express employment contracts; Implied employment contracts; Improper
termination – wrongful discharge; Remedies available; Discharge in violation of
public policy – defenses; Discharge in violation of implied covenant of good faith
and fair dealing (constructive discharge): proof / remedies; Intentional infliction
12/1/04
Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/31/12; 7/30/13; 8/26/13; 1/31/14
Department: Business Studies
Discipline: Paralegal
Subject Code: PLGL
Course Title: Employment Law
Course #: 206
of emotional distress claims in wrongful discharge cases; Defamation claims in
wrongful discharge cases; Unemployment compensation; Separation agreements
Overview of discrimination in employment law
3 hours
Types of discriminatory treatment included under Title VII; disparate treatment:
(1) individual disparate treatment – prima facie case / defenses; (2) systemic
disparate treatment – prima facie case / defenses; (3) systemic disparate impact
(adverse impact theory) – prima facie case / defenses; Reasonable
accommodation; Retaliation; Remedies / damages for employment discrimination
under Title VII; Remedies / damages available under the ADEA; Remedies /
damages available under FMLA; Remedies / damages available under ADA
American with Disabilities Act – Review of statute
2 hours
Definitions; “Essential functions of the job;” “Reasonable accommodation”
ADA – Applications in the workplace
3 hours
Mental/emotional claims under ADA; Drug/alcohol abuse provisions in
ADA;AIDS;
Discipline of qualified individuals; Confidentiality issues; EEOC filing
prerequisites and procedures; Defenses to an ADA complaint: direct threat /
undue hardship / after-acquired evidence; Pre-emptive measures to avoid ADA
problems; Remedies for ADA violations
Age discrimination
2 hours
Overview of ADEA and OWBPA; Covered persons / entities under ADEA; Effect
of ADEA on hiring practices; Effect of ADEA on promotion requirements; Effect
of ADEA on retirement issues – mandatory retirement / early retirement;
Reduction-in-force and age discrimination; Waiver of age discrimination claims;
Proving age discrimination claims (disparate treatment / reduction in force /
hostile work environment); Employer’s burden of proof; Employee’s ultimate
burden-proving pretext; Record keeping under ADA; Administrative procedures
under ADA; Remedies available under ADA
Race / color discrimination
3 hours
Definitions; Types of race and color discrimination; Prima facie case of race
discrimination; Defenses against claims of race discrimination; Adverse impact
race discrimination; Remedies available
National origin discrimination
3 hours
Statutory requirements affecting national origin discrimination; Language
discrimination; Disparate treatment
Religious discrimination
1 hour
Unlawful employment practices relating to religion; “Protected activity;”
Reasonable accommodation; Proving discrimination; Defenses to religious
discrimination claims
Sex discrimination – review of Title VII
2 hours
Definition of sexual harassment – Title VII; Definition of sexual harassment –
EEOC
Categories of sexual harassment
3 hours
(1) quid pro quo; (2) hostile work environment; (3) retaliation; Same-sex
harassment; Constructive discharge; Administrative procedure – employer
12/1/04
Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/31/12; 7/30/13; 8/26/13; 1/31/14
Department: Business Studies
Discipline: Paralegal
Subject Code: PLGL
Course Title: Employment Law
Course #: 206
complaint / EEOC; Determination of liability; Defending sexual harassment
claims – EEOC / federal court; “Sex-Plus” discrimination – “plus” marriage /
parenthood / appearance / race; Glass ceiling issues; Non-sexual gender
harassment; Pregnancy discrimination (Pregnancy Discrimination Act – PDA) /
accommodations / maternity leave; Reproduction discrimination
Family and Medical Leave Act
3 hours
Employers covered by FMLA; Employees entitled to leave; Leave requirements –
qualifying reasons for FMLA leave; Employee protections under the FMLA;
Limitations & exceptions to employer’s FMLA obligations; Employee’s
obligations under the FMLA; Employer’s obligations under the FMLA; Burden of
proof in FMLA discrimination cases; Recordkeeping requirements under FMLA;
Employee protections under FMLA; Enforcement proceedings
Employer’s rights versus employee’s right to privacy
1 hour
Employee’s constitutional, statutory, and common law rights; Guidelines for
monitoring employees; Categories of monitoring; Drug and alcohol abuse –
employee testing; Employee Polygraph Protection Act of 1988; Access to
personnel information
7.
Assessment of Student Learning [§335.44]
[Methods of assessment should be appropriate for Learning Outcomes listed above.]
Assessment of student learning outcomes for the course, as required by AP 765, is part of
regular curriculum maintenance and/or improvement. The specific plan has been
determined by the pertinent faculty involved and is maintained in the College’s
assessment management system.
8.
List of Texts, References, Selected Library Resources or other Learning Materials
(code each item based on instructional use) [§335.2]: C-Lecture/Laboratory, ALecture, B-Laboratory, LC-Lecture/Clinical, CLN-Clinical, I-Online, BL-Blended, DIndependent Study, P-Private Lessons, E-Internship, F-Cooperative Work-Study, FEField Experience. [These resources must be easily accessible to students.]
Full-time Textbooks (A):
Kerley, Peggy, Employment Law for the Paralegal, (Latest Edition). Albany, NY:
West – Thomson Learning
Rassas, Lori, Employment Law: A Guide to Hiring, Managing, and Firing for Employers
and Employees, (Latest Edition). New York, NY: Aspen
Adjunct Textbooks (A):
Kerley, Peggy, Employment Law for the Paralegal, (Latest Edition). Albany, NY:
West –Thomson Learning
Rassas, Lori, Employment Law: A Guide to Hiring, Managing, and Firing for Employers
and Employees, (Latest Edition). New York, NY: Aspen
9.
Prepared by Discipline Faculty Proponent: Kathy Murren
12/1/04
Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/31/12; 7/30/13; 8/26/13; 1/31/14
Date: 3/17/14
Department: Business Studies
Discipline: Paralegal
Subject Code: PLGL
Course Title: Employment Law
Course #: 206
10.
Approved by Department Chairperson: Michelle E. Myers
Date: 4/15/14
11.
Approved by Associate Provost: Tim Dolin
Date: 4/18/14
This course meets all reimbursement requirements of Chapter 335, subchapters A /
B.
This course was developed, approved, and offered in accordance with the policies,
standards, guidelines, and practices established by the College. It is consistent with
the college mission.
If the course described here is a transfer course, it is comparable to similar courses
generally accepted for transfer to accredited four-year colleges and universities.
12.
Director, Curriculum Compliance: Erika Steenland
Date: 4/15/14
13.
Provost & VP, Academic Affairs: Cynthia Doherty, Ph.D.
Date: 4/16/14
14.
Original Date of course approval by the college: 200520
15.
Date(s) of subsequent reviews [Indicate change: Learning Outcomes; textbook(s)]:
Textbooks reviewed: 3/2004 (dmt)
Reviewed: 12/2004. Revisions made: Learning Outcomes. (dmt)
Reviewed: 9/2006: Revisions: Paralegal Competency Assignments added (kbm)
Revisions: 7/2011: Learning Outcomes Updated; Textbooks Updated; Textbooks Coded (kbm/dmt)
Revisions: 3/2014: Catalog Description; Learning Outcomes; Planned Sequence of Instruction (dd)
12/1/04
Form Template Reviewed & Updated: 10/26/07; 1/11/08; 1/16/09; 7/14/09; 7/31/12; 7/30/13; 8/26/13; 1/31/14