Employment Law and Policy

Abstract

Employment law in the United States is a constant struggle between the employer's desire to retain as much freedom as possible in how to operate his or her business and the employees' rights to be protected in some way within the workplace. This chapter focuses on that tension and how the pull and push between employer freedom and employee rights has shaped the current legal framework in which employers operate. Employment law in America generally operates under the presumption that employment for an unspecified or indefinite term is considered to be employment-at-will. Contracts are regularly utilized to govern employer-employee relationships. An implied contract may arise from promises made by an employer in employee handbooks, personnel policies, or through practices or assurances made by an employer to an employee. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of religion unless the employer is a religious organization.