Classify the difference between a policy and law and how they are similar and different.
Outline the five criteria for a policy to be enforceable:
Dissemination (distribution): The organization must be able to demonstrate that the relevant policy has been made readily available for review by the employee. Common dissemination techniques include hard copy and electronic distribution.
Review (reading): The organization must be able to demonstrate that it disseminated the document in an intelligible form, including versions for employees who are illiterate, reading impaired, and unable to read English. Common techniques include recordings of the policy in English and alternate languages.
Comprehension (understanding): The organization must be able to demonstrate that the employee understands the requirements and content of the policy. Common techniques include quizzes and other assessments.
Compliance (agreement): The organization must be able to demonstrate that the employee agreed to comply with the policy through act or affirmation. Common techniques include login banners, which require a specification (mouse click or keystroke) to acknowledge agreement, or a signed document clearly indicating the employee has read, understood, and agreed to comply with the policy.
Uniform enforcement: The organization must be able to demonstrate that the policy has been uniformly enforced, regardless of employee status or assignment.
Review and discuss with students the common types of law that are found in the United States:
Constitutional law: Originates with the U.S. Constitution, a state constitution, or local constitution, bylaws, or charter.
Statutory law: Originates from a legislative branch specifically tasked with the creation and publication of laws and statutes.
Regulatory or administrative law: Originates from an executive branch or authorized regulatory agency and includes executive orders and regulations.
Common law, case law, and precedent: Originates from a judicial branch or oversight board and involves the interpretation of law based on the actions of a previous and/or higher court or board.
Summarize the three different subtypes of statutory law as outlined in the text.
Civil law: Awide variety of laws pertaining to relationships among individuals and organizations. Civil law includes contract law, employment law, family law, and tort law.
Tort law: This is a subset of civil law that allows individuals to seek redress for injury. Those injuries can be personal, physical, or financial.
Criminal law: Addresses violations harmful to society and is actively enforced and prosecuted by the state.
Compare and contrast the differences between private and public laws. Private laws regulate the relationships among individuals and between them and organizations. Public laws include criminal, administrative, and constitutional laws.
Emphasize that regardless of where a business is located, leadership and employees working there must be aware of the laws and regulations that apply to them.