Employment Law

1. Teacher's Notes
2. Activity Handouts
3. Community Resource Lesson
4. Family Involvement Activities

Teacher's Notes

Purpose: To provide students with an overview of their rights and responsibilities with respect to employment, including hiring, on-the-job conditions, and losing a job.

Materials Needed: Chalkboard or chart paper and EL (Employment Law) activity handouts 1, 2, 3, 4, 5, 6, 7, and 8

Teaching the Unit:

Print the word DISCRIMINATION on the chalkboard or on chart paper. Tell students what the word is, and ask them what they think it means. Most students will say that it means being "unfair." Ask them for some concrete examples of discrimination. After discussing a few of these examples from their own experiences, ask students if they think all discrimination is unfair. Many will say it is. Offer the example of the law against selling alcohol to minors. Ask students if this kind of discrimination is fair. Explain that this is a form of discrimination, but there may be some good reasons for it.

Distribute EL Activity Handout 1, "Discrimination Is . . ." Have students read and discuss each of the statements about discrimination.

"Discrimination is being treated differently."

Emphasize the word "differently." Differently doesn't mean the same thing as unfairly, although some discrimination is also unfair. Have students read each of the examples and discuss whether or not they think it is unfair.

"Discrimination is sometimes reasonable."

Explain that being reasonable means having good reasons for it. Have students read the two examples and discuss the reasons for each law.

"Discrimination is sometimes illegal."

Explain that there are many laws that protect our rights to equal treatment. Have students read and discuss the two examples of discrimination in employment, then have them brainstorm other examples of this kind of discrimination.

Distribute EL Activity Handout 2, "What Are Your Rights?" Ask for two volunteers to act out the parts in the role play. Role Play #1 involves a young mother who is interviewing for a job as a cashier at a fast-food restaurant. In this situation, the employer refuses to hire the young mother because she has small children at home and may take too much time off from work because of them. After the first two volunteers have completed the role play, ask all of the students to discuss whether or not they think this is fair and why or why not. Unless the point of legality comes up, you can limit the discussion to what the students think is fair rather than what is legal. EL Activity Handout 9 deals with issues of legality in the hiring process.

Use the same strategy described in above for EL Activity Handouts 3, 4, 5, and 6. Each role play deals with a different aspect of discrimination in the hiring process.

2.- discrimination because of family circumstances

3.- sex discrimination

4.- age discrimination

5. - race discrimination

6. - discrimination because of disabilities

Distribute EL Activity Handout 7, "Questions An Employer Shouldn't Ask in a Job Interview." Explain to students that many of the questions asked by employers in the role play situations are inappropriate because they may lead to illegal discrimination. Guide students through the nine types of questions listed on EL Activity Handout 7. For each category of question, have students discuss how they think these questions might lead to illegal discrimination.

Questions about age

All questions designed to get at a person's age are inappropriate because it is illegal to deny a person a job because of his or her age (unless he or she is under the legal age limit for the job).

Questions about marital status or family circumstances

Any question having to do with family circumstances is inappropriate. These questions are most often asked of female job applicants, and it is illegal to treat women differently than men in the hiring process. There are also laws to protect the rights of pregnant workers, making it illegal to treat them any differently than other workers.

Questions about national origin

Any question having to do with where you or your family were born or what language you speak at home shouldn't be asked in a job interview because it is illegal to discriminate against any person in the hiring process because of his or her national origin.

Questions about race, color, and physical characteristics

It is illegal for employers to discriminate against a person because of race or color. Most employers won't ask these questions in a personal interview; however, they are sometimes asked on job application forms. These questions are inappropriate in an interview or application situation, and they need not be answered.

Questions about religion

Any questions designed to get at a person's religious background and practices are inappropriate and may lead to illegal discrimination.

Questions about sex or sexual preference

These questions, in an interview situation or on an application form, are inappropriate and may lead to illegal discrimination.

Questions about disabilities

Some questions about disabilities may be inappropriate but others can be asked, particularly if a disability will affect a person's ability to carry out the duties and responsibilities of a particular job.

Questions about arrest records

Questions about an applicant's arrest record and whether or not he or she has been charged with a crime are inappropriate because arrests and charges don't necessarily mean that a person is guilty of committing a crime. You can, however, be asked if you have ever been convicted of a crime.

Distribute EL Activity Handout 8, "Losing A Job," and explain to students that while they can't be fired because of their age, sex, marital status, family circumstances, race, national origin, physical characteristics, religion, disabilities, or arrest record, there are many reasons why they can lose their jobs. Lead students through each of the possible reasons for losing a job listed on EL Activity Handout 8, and have them discuss why each might be a good reason.

Explain to students that there are some things they can do if they lose a job or if they feel that their employment rights have been violated. Tell them that a community resource person will be visiting the class to discuss some of these options.

The pace at which the materials are covered will depend on the ability levels of the students. Each of the activity handouts can be completed in anywhere from 10 minutes to 30 minutes or more.

Community Resource Lessons

Depending on time and the availability of community resources in your area, this unit should include at least one lesson presented by a community resource person. A sample lesson plan is included, however, other employment-related or law-related topics would also be appropriate. The specific topic should be determined in collaboration with the community resource person you select to visit the class. Possible resource persons for this unit are:

A lawyer from the American Civil Liberties Union

A local representative of the Equal Employment Opportunity Commission

A representative from the local employment office

A union representative

Family Involvement Activities

Suggestions for family involvement activities for parents/guardians and their preschool children are included. These activities can be completed during class time or at home.

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