Week 1 discussion
What are the benefits of being an "employee" from
the vantage point of both the employer and the employee?
In today’s business world, being an employee is not the only
way someone can be hired to carry out work. The traditional employee with
graded pay scales, benefit packages, and other employment participation may not
represent the best format for the company or the worker. The category of
"independent contractor" is only one option. Outsourcing, temporary
agencies, and consultants represent options which bring many cost-saving
elements to the table. For example, there are clear cost benefits, such as no
pension, no health benefits, and no long term employment commitment to the
individual hired under these titles. Cite one or more Internet sources in your
initial response.
Week 2 discussion
Do employers (or employees) have too many workplace
protections in place?
The nature of employment in American business is a crucial
issue in the ability of corporations to effectively compete in a global
economy. Cheaper labor and less expensive work environments and benefits allow
global companies to lower prices and offer more products for the dollar. Many
business leaders suggest that the cost of workplace disputes and legal
protection is too high. To remove an ineffective worker in some union
environment is just too costly and time consuming. In contrast, employees say
employers have the power and money to do what they want and protection is
needed against vindictive actions. Cite one or more Internet sources in your
initial response.
Week 3 discussion
Are there sufficient protections in the workplace against
racial discrimination?
More than ever, the American worker is aware of the lawsuits
and case decisions regarding racial discrimination. Key legislation and
corporate guidelines provide a framework for employers to govern their actions
as well as protect them from legal action; however, the typical employee with
limited resources and the need to remain employed will frequently accept discriminatory
action in fear of retribution or retaliatory acts. Critics argue that
discriminatory practices still exist though they are more discreet. Cite one or
more Internet sources in your initial response.
Are there any additional laws or guidelines that can be
created to increase the protection of employees against further acts of
discrimination?
Week 4 discussion
Are there sufficient protections in the workplace against
sexual discrimination?
The American worker is aware of the lawsuits and case decisions
regarding sexual discrimination. Key legislation and corporate guidelines
provide a framework for employers to govern their actions as well as protect
them from legal action; however, the typical employee with limited resources
and the need to remain employed will frequently accept discriminatory action in
fear of retribution or retaliatory acts. Critics argue that discriminatory
practices still exist though they are more discreet. Cite one or more Internet
sources in your initial response.
Are there any additional laws or guidelines that can be
created to increase the protection of employees against further acts of
discrimination?
Week 5 discussion
Are there sufficient protections in the workplace against
religious discrimination?
Key legislation and corporate guidelines provide a framework
for employers to govern their actions as well as protect them from legal
action; however, the typical employee with limited resources and the need to
remain employed will frequently accept discriminatory action in fear of
retribution or retaliatory acts. Critics argue that discriminatory practices
still exist though they are more discreet. Cite one or more Internet sources in
your initial response.
Are there any additional laws or guidelines that can be
created to increase the protection of employees against further acts of
religious discrimination?
Week 6 discussion
At what age should workers be requested to stop working?
Many people still feel that 65 is a good retirement age,
others argue for 70. Even others argue that there should be no age restrictions
on working. What do you think? As many people grow older, they become more
interested in keeping busy through work. Some employers fear loss of
productivity from older workers. A few are fearful that older workers using
machinery may be a danger to themselves as well as customers and other
employees.
Are there any additional laws or guidelines that can be
created to increase the protection of employees against further acts of
discrimination?
Week 7 discussion
What responsibilities do the employer and the employee have
in making sure the workplace is safe and healthy?
The Occupational Safety and Health Act of 1970 (OSHAct) was
designed to set forth a standard that would provide for the safety and health of
employees while on the job. Employers are required to provide a place of
employment free from occupational hazards. Employees are required to follow
rules and regulations established to promote their safety and to use equipment
designed to ensure their safety. Suppose a fellow employee working near you
ignored safety regulations and was injured. Others who witnessed this act have
decided to say that the employee did not ignore the safety rules in order for
him to receive benefits. Cite one or more Internet sources in your initial
response.
Should you report him to your supervisor and provide
information that may incriminate the injured worker and cause him to lose
benefits?
Week 8 discussion
Many companies have admitted they cannot financially support
the pension system which they have negotiated with their employees.
ERISA (Employee Retirement Income Security Act of 1974) was
introduced in response to unfair practices by employers. Numerous pension funds
were under-funded. Therefore, when employees retired, there was no guarantee
that the money would be there for their pensions. This situation occurred often
in companies that went out of business. ERISA imposed minimum funding standards
in response to this problem. Companies also had inconsistent rules regarding
age and years of service.
At this point in your studies, do you feel that the
employer-employee relationship is balanced, or does one side have an advantage
over the other?
Week 1 assignment
HRA 545 – Case Assignment 1
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 1. (This Dropbox
basket is linked to Turnitin.)
Case #1
James Karagiorgis is a civilian employee of
the United States Navy who is ordinarily assigned to the Nanal Sea System
Command (“NAVSEA”) in Washington, D.C.For a few weeks in 1996, Karagiorgis was
temporarily assigned to perform an “engineering reliability backfit” on the USS Los Angeles, which was moored at the
Pearl Harbor Naval Base in Hawaii.Because no government quarters were available
on the base, Karagiorgis arranged commercial lodging through a government
travel agent and procured a rental car for use while in Hawaii.The cost of both
the car and hotel were reimbursed by the Navy.
On January 24, 1996, James Karagiorgis
finished his day’s work on the USS Los
Angeles, left the ship and began driving toward the exit of the base, which
was some distance from the ship where he had been working.While still just
inside the base, he rear-ended a car that was stopped in traffic, injuring its
driver, Clamor.
After first exhausting her no-fault benefits
as required by Hawaii state law, Clamor filed a complaint against Karagiorgis
in Hawaii state court.
Question:Was the
employee (Karagiorgis) acting within the scope of employment when he
negligently injured the plaintiff (Clamor)? Explain.
Case #2
Leonard A. Vernon(“Vernon”), a citizen of the
United States, is a black male over 40 years old who was born in Belize.He
received a B.A. in Civil Engineering in 1977 and an M.S, in Environmental
Engineering in 1980.In January 1984, The Port Authority of New York and New
Jersey (“Port Authority”) hired Vernon to be a Principal Administrative
Assistant, a Level B-92 position, with the Civil and Environmental Unit of the
Engineering Department.In January 1985, Vernon was promoted to Staff Services
Engineer, a Level B-93 position.Throughout his career at Port Authority, Vernon
has been recognized favorably for his work.
In September 1989, Heidi Rosenberg, a white
engineer in the Environmental Engineering Unit, was promoted to Senior
Engineer, a Level B-94 position.Vernon was not promoted despite the fact that
Marvin Krishner, Chief Environmental Engineer of the unit and Vernon’s
immediate supervisor, wrote in a 1987 memorandum that Rosenberg and Vernon were
both “performing at ‘Senior Levels.’”In December 1992, Rosenberg informed her
supervisor that she had received an employment offer in another department, and
to induce her to stay in the Environmental Engineering Unit, she was promoted
to Supervising Environmental Engineer, a Level B-95 position.
In March 1993, Rosenberg resigned from Port
Authority, and Port Authority advertised her position internally as well as externally.Vernon
applied for the B-95 position but was notified in May that he had not been
selected for the position.A white, 65-year-old temporary employee, who had been
working for Port Authority for one year, filled the vacancy.In March and August
of 1994, Vernon complained to the Assistant Chief Engineer for Design and the
Executive Director of Port Authority about alleged ongoing discriminatory
practices at Port Authority.In September 1994, Frederick Meyers, Manager of
Port Authority’s Equal Employment Office (“EEO”), started an investigation into
Vernon’s allegations of discrimination.
Question:Was race a
factor in the Port Authority’s denial of Vernon’s promotion? Explain.
Week 2 assignment
HRA 545 – Case Assignment 2
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 2. (This Dropbox
basket is linked to Turnitin.)
Case #3
In July 1994 Elvis R. Stewart, an African
American, began working for the McDonald’s restaurant located inside the
Wal-Mart store on Benson Boulevard in Anchorage, Alaska.Stewart’s shift was
from 7:30 p.m. until closing, the time of which varied.Stewart also worked at
Taco Bell.Stewart’s shift at Taco Bell was from 11:30 a.m. until 7:00 p.m.In
order to work both shifts, Stewart carried a change of clothes and personal
items in a duffel-type bag.He would change out of his Taco Bell uniform, and
into his McDonald’s uniform, in the Wal-Mart bathroom.He used the Wal-Mart
bathroom, instead of the Taco Bell bathroom, because it was larger and less
crowded with customers.
Wal-Mart had a nationwide policy of
stationing a member of its management team at its exits to check for receipts
of purchases made by Wal-Mart and McDonald’s employees, and to check for stolen
items that might be concealed in their personal bags.Management conducted the
checks before employees left the store at the end of their shifts.
According to Stewart, sometime during his
third week of employment, Hardy stopped him as he was exiting McDonald’s at the
end of his shift.Hardy asked to search Stewart’s bag, and then proceeded to
dump the contents of Stewart’s bag onto the counter and look through
it.According to Stewart, this type of bag search continued until mid-February
1995.Steward testified that he routinely objected to the searches.
Stewart asked Hardy whether he searched
certain people because they were black.Hardy answered yes.
Question:Were the
searches motivated by race discrimination? Explain.
Case #4
Elizabeth Salsbury, a speech language
pathologist employed by SunDance, was notified by letter from SunDance dated
February 26, 1999, that the company was compelled to reduce its workforce and
that Salsbury’s job would be terminated effective March 1, 1999.The letter
informed Salsbury that she would receive 80 hours’ worth of severance pay after
signing a separation agreement and general release.
A provision of the agreement stated, “This
Release and covenant not to sue also expressly, and without any limitation of
the foregoing General Release, includes bot is not limited to any claims which
Releasor may have or may assert under federal or state law prohibiting
employment discrimination and claims growing out of any legal restrictions on
the rights of Company to terminate its employees, whether statutory or arising
under common law, including without limitations: Title VII of the Civil Rights
Act of 1964 and the Americans with Disabilities Act.Releasor on behalf of
herself and other releasers expressly agrees that she will not institute,
commence, prosecute or otherwise pursue any proceeding, action, complaint,
claim, charge or grievance against Company or any other released parties in any
administrative, judicial or other forum whatsoever with respect to any acts or
events occurring prior to the date hereof in the course of Releasor’s dealing
with Releasee.”
Salsbury decided not to sign the Separation
Agreement.
Question: Can severance
pay be given conditional to the employee’s promise to forego proceeding under
Title VII of the Civil Rights Act and/or the Americans with Disabilities Act?
Explain.
Case #5
Howard Saari was employed by Smith Barney,
Harris Upham& Co., Inc., as an account executive beginning in July 1988.He
alleges that his work was satisfactory at all times.According to Saari’s
complaint, on or about December 14, 1988, a “sum of money, supposedly belonging
to a client of Smith Barney, was supposedly stolen from the desk of a Smith
Barney employee.”Saari alleged he was questioned about the theft and was later
asked to take a polygraph test concerning the incident, which he refused.Saari
claims he was then terminated for his refusal to take the polygraph
examination.
Saari became a registered representative of
the NYSE and thereby subject to its Rule 347, which provides that “Any
controversy between a registered representative and any member or member
organization arising out of the employment or termination of employment of such
registered representative by and with such member or member organization shall
be settled by arbitration.”
Saari contends that the enforcement
provisions of the Employee Polygraph Protection Act show no such flexibility.
Question:Is the
arbitration requirement in violation of the EPPA? Explain.
Week 3 assignment
HRA 545 – Case Assignment 3
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 3. (This Dropbox
basket is linked to Turnitin.)
Case #6
Van I. Irion, a Caucasian male who is a
veteran of the United States Air Force, submitted an application for a position
as a firefighter with Contra Costa County Fire Protection District in September
2000.
The process for obtaining a position as a
firefighter with Contra Costa County Fire Protection District involves several
steps, which are set forth in the county’s Personnel Management Regulations
(“PMRs”).First, applicants are given a written test, a physical agility test,
and an interview with the County Department of Human Resources, the results of
which are combined to come up with a score for each applicant.In addition, a 5%
Veterans’ Preference Credit is added to the scores of veterans who apply.
The Interview Schedules indicate that Irion
received a numeric rating of 4.The Interview Schedules also appear to indicate
that at least two minority candidates with lower initial rankings and lower
Chief’s Interview scores were hired—#24 who is identified as Hispanic and
received a rating of 3, and #53 who is identified as “Asian or Pacific
Islander” and received a 3-4 score.In addition, one minority candidate with the
same Chief’s Interview score of 4 and a lower initial ranking, #34 was
hired.Finally, two minority candidates with Chief’s Interview scores of 4 and
lower initial rankings than Irion, #68 and #69, appear to have been given
initial conditional offers of employment, but they were not ultimately hired.
Beadle, who was Personnel Officer for the
Contra Costa County Fire Protection District at the time of the relevant
events, states in his declaration that he was present at the meeting in which
the Chief’s Interview Panel made its recommendations for Academy Class 34 and
that the panelists “did not recommend Mr. Irion for hire…because they
unanimously felt his answers to questions illustrated that he was too rigid and
would be a difficult employee.”
Irion asserts that Contra Costa County
discriminated against him on the basis of veteran status, in violation of the
Uniformed Services Employment and Reemployment Rights Act (“USERRA”).Under
USERRA, employers may not deny a person employment on the basis of membership, including
past membership, in a uniformed service.USERRA is violated when veteran status
is a “motivating factor” in the employer’s action.
Question:Was an
applicant for a position as firefighter discriminated against because he was a
United States Air Force veteran? Explain.
Case #7
Ms. Walker was a permanent clerk typist in
the Internal Revenue Service’s Atlanta office.Ms. Walker is a light-skinned
black person.Her supervisor was Ruby Lewis.Ms. Lewis is a dark-skinned black
person.The employees in the office in which Ms. Walker and Ms. Lewis worked
were predominantly black.In fact, following her termination, Ms. Walker was
replaced by a black person.The working relationship between Ms. Walker and Ms.
Lewis was strained from the very beginning, since approximately November of
1985.Ms. Walker contends that Ms. Lewis singled her out for close scrutiny and
reprimanded her for many things that were false or insubstantial.Ms. Walker’s
relationship with her former supervisor, Virginia Fite, was a cordial one.In
fact, Ms. Walker received a favorable recommendation from Ms. Fite.
Ms. Walker met with Sidney Douglas, the EEO
program manager for the Internal Revenue Service’s Atlanta district about the
problems she was having with Ms. Lewis.Two weeks later, pursuant to Ms. Lewis’s
recommendation, Ms. Walker was terminated.The reasons given for her termination
were: (1) tardiness to work; (2) laziness; (3) incompetence; and (4) attitude
problems.It is Ms. Walker’s belief that the reasons were fabricated and were
the result of Ms. Lewis’s personal hostility towards Ms. Walker because of Ms.
Walker’s light skin.
Question: The issue
is whether color discrimination includes difference between light-skinned and
dark-skinned people of the same race. Explain.
Week 4 assignment
HRA 545 – Case Assignment 4
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 4. (This Dropbox
basket is linked to Turnitin.)
Case #8
ElysaYanowitz joined L’Oreal’s predecessor in
1981.She was promoted from sales representative to regional sales manager for
Northern California and the Pacific Northwest in 1986.
In the fall of 1997, Jack Wiswall, Yanowitz’s
superior, ordered Yanowitz to have a female sales associate at Macy’s West
store in her region fired.As justification, Wiswall explained that the
associate “was not good looking enough.”The associate had dark skin; Wiswall
preferred fair-skinned blondes.Wiswall told Yanowitz, “Get me somebody hot,” or
words to that effect.Yanowitz did not carry out Wiswall’s order.When Wiswall
asked her whether the associate had been dismissed on subsequent occasions,
Yanowitz requested adequate justification for firing her.Yanowitz did not
complain to Human Resources, nor did she tell Wiswall that his order was
discriminatory.
Question: Does the pressure
placed on a regional sales manager by her general manager to hire a sales
associate who was attractive constitute sex discrimination? Explain.
Case #9
In late October 1991, Oncale was working for
respondent Sundowner Offshore Services on a Chevron U.S.A., Inc. oil platform
in the Gulf of Mexico.He was employed as a roustabout on an eight-man crew,
which included John Lyons, Danny Pippen, and Brandon Johnson.Lyons, the crane
operator, and Pippen, the driller, had supervisory authority.On several
occasions, Oncale was forcibly subjected to sex-related, humiliating actions
against him by Lyons, Pippen, and Johnson in the presence of the rest of the
crew.Pippen and Lyons also physically assaulted Oncale in a sexual manner, and
Lyons threatened him with rape.
Question: Does a victim
of same-sex sexual harassment have a viable claim under Title VII of the Civil
Rights Act? Explain.
Case #10
Dwayne Kelley began working for Crosfield as
a laboratory technician on August 1, 1992.This position required Kelley to work
12-hour shifts for four consecutive days followed by three consecutive “off”
days.Kelley was scheduled to begin a four-day work rotation on October 22,
1993, when he unexpectedly received a phone call from his mother.His mother
informed him that the Brooklyn Bureau of Child Welfare was preparing to take
custody of Shaneequa Forbes, an 11-year-old girl.Shaneequa was born into the
marriage of Barbara and Michael Forbes, but Kelley had reason to believe that
he might be the girl’s biological father.
Kelley told his supervisors at Crosfield that
Shaneequa was his daughter.Kelley missed four scheduled workdays while
attending to this matter in New York.On his first day back at work, October 29,
Crosfield terminated Kelley’s employment.Kelley alleged that his termination
violated the FMLA because he took leave from work in order to “obtain custody
of my kids.”
Question: Is seeking
custody of one’s own children covered by the FMLA? Explain.
Week 5 assignment
HRA 545 – Case Assignment 5
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 5. (This Dropbox
basket is linked to Turnitin.)
Case #11
Mary Myers is a practicing Seventh-day
Adventist.The tenets of her religion forbid her from engaging in any form of
work on the Sabbath, which extends from sundown on Friday to sundown on
Saturday.
In June 1988, Myers was hired as a full-time
bus operator trainee by the New York City Transit Authority, which operates its
buses on a seven-day-per-week, 24-hour-per-day basis.From the outset, Myers
made it clear to her supervisors that her religious commitments would prevent
her from working between sundown on Friday and sundown on Saturday.A problem
arose because she was assigned Wednesdays and Thursdays as her days off, a
schedule requiring her regularly to work on her Sabbath.
Under the terms of the collective bargaining
agreement between the Port Authority and the Transport Workers Union, the
privilege of selecting weekly days off was allocated in accordance with a
strict seniority system.Myers spoke with several of her employer’s
representatives in an effort to obtain some accommodation for her Sabbath
observance.Her request for “split” days off was rebuffed on the ground that the
practice was forbidden by the collective bargaining agreement.
Question: Must an
employer make a good faith effort to try to accommodate an employee’s Sabbath
when the accommodation would place the employer in violation of a collective
bargaining agreement? Explain.
Case #12
Dr. Cacace is an urologist and Marge DeSantis
is his office manager.Ms. Rosario, born in New Jersey of Puerto Rican ancestry,
was hired in late June 1997 as a secretary/medical assistant.She was discharged
in early August of the same year.
One qualification for the job was fluency in
Spanish because most of Dr. Cacace’s patients were Spanish speaking.Ms. Rosario
is bilingual in Spanish and English.Another bilingual medical assistant, Bertha
Aranzazu, was also employed in the office.Dr. Cacace speaks English and Spanish
as well, as does his wife who also worked in the office and is of Hispanic
origin.Ms. DeSantis was the only employee who was not proficient in both
languages; she spoke and understood English only.
Ms. Rosario characterized Ms. DeSantis’s
treatment of her as follows:
During my employment, at least once a
week I was told on many occasions by Marge DeSantis not to speak Spanish on the
job and on occasion not even speak Spanish to patients.One occasion, Marge
DeSantis told me and another employee, “I am going to let one of you go because
there is too much chitchat in Spanish I don’t understand.”It is a common custom
among people of Spanish national origin to speak Spanish to each other.Bilinguals
even combine English with Spanish.It just happens.I have always habitually done
this and to this day I still do it and no employer I have ever worked for to
this day has ever complained except Ms. DeSantis.
On or about August 5, 1997, DeSantis fired
Rosario, telling her, “I’m sorry that I have to let you go like this because
you are a nice girl and a quick learner, but I cannot have you speaking Spanish
in my office.”
Question: Can an
employee be discharged for speaking Spanish in the workplace? Explain.
Week 6 assignment
HRA 545 – Case Assignment 6
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 6. (This Dropbox
basket is linked to Turnitin.)
Case #13
Casey Martin is a professional golfer and
also an individual with a disability as defined in the Americans with
Disabilities Act of 1990 (ADA).Since birth he has been afflicted with
Klippel-Trenaunay-Weber Syndrome, a degenerative circulatory disorder that
obstructs the flow of blood from his right leg back to his heart.The disease is
progressive; it causes severe pain and has atrophied his right leg.During the
latter part of his college career, because of the progress of the disease,
Martin could no longer walk an 18-hole golf course.Walking not only caused him
pain, fatigue, and anxiety, but also created a significant risk of
hemorrhaging, developing blood clots, and fracturing his tibia so badly that an
amputation might be required.For these reasons, Stanford made written requests
to the Pacific 10 Conference and the NCAA to waive for Martin their rules
requiring players to walk and carry their own clubs.The requests were granted.
When Martin turned pro and entered the PGA
Tour’s Q-School, the hard card permitted him to use a cart during his
successful progress through the first two stages.He made a request, supported
by detained medical records, for permission to use a golf cart during the third
stage.PGA Tour refused to review these records or to waive its walking rule for
the third stage.
Question:Is
allowing use of a golf cart a reasonable accommodation for a professional
golfer with a disability that restricts him from walking substantial distances?
Explain.
Case #14
Eastern Associated Coal Corp. and United Mine
Workers of America are parties to a collective-bargaining agreement with
arbitration provisions.The agreement specifies that, in arbitration, in order
to discharge an employee, Eastern must prove it has “just cause.”Otherwise the
arbitrator will order the employee reinstated.The arbitrator’s decision is
final.
James Smith worked for Eastern as a member of
a road crew, a job that required him to drive heavy truck-like vehicles on
public highways.As a truck driver, Smith was subject to Department of
Transportation (“DOT”) regulations requiring random drug testing of workers
engaged in “safety-sensitive” tasks.
In March 1996, Smith tested positive for
marijuana.Eastern sought to discharge Smith.The union went to arbitration, and
the arbitrator concluded that Smith’s positive drug test did not amount to
“just cause” for discharge.Instead, the arbitrator ordered Smith’s
reinstatement, provided that Smith (1) accept a suspension of 30 days without
pay; (2) participate in a substance-abuse program; and (3) undergo drug tests
at the discretion of Eastern (or an approved substance-abuse professional) for
the next five years.
Between April 1996 and January 1997, Smith
passed four random drug tests, but in July 1997 he again tested positive for
marijuana.Eastern again sought to discharge Smith.The union again went to
arbitration, and the arbitrator again concluded that Smith’s use of marijuana
did not amount to “just cause” for discharge, in light of two mitigating
circumstances.First, Smith had been a good employee for 17 years, andsecond,
Smith had made a credible and “very personal appeal under oath concerning a
personalfamily problem which caused this one time lapse in drug usage.”
The arbitrator ordered Smith’s reinstatement
provided that Smith (1) accept a new suspension without pay, this time for
slightly more than three months; (2) reimburse Eastern and the union for the
costs of both arbitration proceedings; (3) continue to participate in a
substance-abuse program; (4) continue to undergo random drug testing; and (5)
provide Eastern with a signed, undated letter of resignation, to take effect if
Smith again tested positive within the next five years.
Question:Is the arbitrator’s
decision to reinstate a driver who twice tested positive for drugs arbitrary
and capricious? Explain.
Week 7 assignment
HRA 545 – Case Assignment 7
Read each case scenario and analyze using the IRAC
method. Submit the assignment to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 7. (This Dropbox
basket is linked to Turnitin.)
Case #15
Skidmore was required by his employer, Swift
Co., to be “on call.” The “on call” situation allowed him to be anywhere he
wished to be. When called, however, he had to be there within an hour. This was
called “waiting time.” Overall, during most weeks, his actual hours exceeded
the 40 hour workweek. Skidmore requested overtime pay, but was not paid. Swift
argued that Skidmore was not entitled to such compensation.
Question: Should on-call
time be compensated as working time? Explain.
Case #16
Ms. Savage, a teacher at Sebring Middle
School, was injured in December 1990 during a basketball game between the
teachers and students.The game was an annual charity event.The game occurred
during regular school hours, and the teachers received their regular salary.The
teachers were required to participate in the game, either as a spectator or as
a player.No benefit or detriment resulted from a teacher’s decision to play or
to act as a spectator.
ISSUE: Is the
injury Ms. Savage sustained due to her participation in the faculty-student
basketball game “work related”? Explain.
Case #17
On Saturday, November 11, 1995, Ms. Parry was
employed by Wal-Mart and was scheduled to work a 4:30 p.m. to 11:00 p.m. shift.Ms.
Parry left the store at 8:30 p.m. for her meal break.She did not return that
night; instead, she called the store from her home and told the assistant
manager that she had slipped on ice in the parking lot on the way to her car
and injured her back.After seeking medical care, Ms. Parry was released to work
on December 26, 1995.
The Wal-Mart parking lot was covered with ice
as the result of an ice storm on November 11, 1995.There was only one parking
lot at Wal-Mart, used by both employees and customers.Employees were requested,
but not required, to park on the south side of the lot so that customers would
have better access to the front door.However, the south side of the lot was not
restricted from customer use.
As Ms. Parry walked to her car at about 8:30
p.m. her feet came out from underneath her.She twisted around to catch herself
but her back hit the ground.She drove to her home approximately one block away
and called Wal-Mart, speaking to the assistant manager.She did not return to
work that night or the next day.She sought medical attention on Monday.
Question: Is the
employee covered under workers’ compensation for sustaining injuries by falling
in a parking area designated for use by the general public? Explain.
Week 6 short paper
You are required to complete a two-page paper in response to the questions
below.
Union membership in the United States labor force is at
its lowest since 1939. Express your
opinion about the effectiveness or ineffectiveness of American labor unions at
this point in history. What are the strength and weaknesses of the modern
unions? To what do you attribute the current decline? Should a worker be
allowed to vote for the institution of a new union at a ballot outside the
workplace when the business currently does not have a union, or should such an
election occur at the workplace?
You should state your position and support it with a
minimum of three external sources. Your paper must conform to APA style and
formatting guidelines.
Submit the paper to the Dropbox no later than Sunday
11:59 PM EST/EDT. (This Dropbox basket is linked to Turnitin.)
Week
6 short paper
You are required to complete a two-page paper in response
to the questions below.
Union membership in the United States labor force is at
its lowest since 1939. Express your
opinion about the effectiveness or ineffectiveness of American labor unions at
this point in history. What are the strength and weaknesses of the modern
unions? To what do you attribute the current decline? Should a worker be
allowed to vote for the institution of a new union at a ballot outside the
workplace when the business currently does not have a union, or should such an
election occur at the workplace?
You should state your position and support it with a
minimum of three external sources. Your paper must conform to APA style and
formatting guidelines.
Submit the paper to the Dropbox no later than Sunday
11:59 PM EST/EDT. (This Dropbox basket is linked to Turnitin.)
Week
7 short paper
You are required to complete a two-page paper in response
to the questions below.
The current minimum federal wage is currently a hot topic
for debate. Some advocate for a major increase in the current federal minimum,
some advocate for making no change, and a few advocate for eliminating the
federal minimum wage entirely. What is your position on this issue? Remembering
that any municipality, township, city, county, or state can legislate a minimum
wage of its own in excess of the federal minimum, but not below, is the local
approach the best, or are there problems with this approach? Should there exist
differing and lower minimum wages for persons in service jobs that customarily
receive tips?
You should state your position and support it with a
minimum of three external sources. Your paper must conform to APA style and
formatting guidelines.
Submit the paper to the Dropbox no later than Sunday
11:59 PM EST/EDT. (This Dropbox basket is linked to Turnitin.)
Week 8 final paper
For this assignment, you will compose a 1700-2000 word paper
on the following topic:
The Affordable Care Act is now the law of the land in the
United States. The act mandates, for the first time, a workplace benefit
incidental, and without direct relation to the job itself. Is this fact a new
and worthy trend in labor law or is it a dangerous precedent?
You should incorporate class concepts, state your position,
support your position with a minimum of three external sources, and provide a
conclusion. Your paper must conform to APA style and formatting guidelines.
Submit the paper to the Dropbox no later than Sunday 11:59
PM EST/EDT. (This Dropbox basket is linked to Turnitin.)
Week 1 quiz
Question 1.In Douglas Schultz v. Capital International
Security, Incorporated, were the five plaintiffs independent contractors or
employees? Did the employers have control over the actions of the plaintiffs or
were the plaintiffs allowed to manage and use their own discretion over their
actions? Who provided the tools of the trade in this action? Were the agents
work actions scripted or left to their best judgment?
Question 2.What are the six primary protected classifications
protected against discrimination by Title VII and enforced by the EEOC? Where
in employment discrimination actions is it easiest for a violation of
discrimination to occur? May employers select prospective employees from a
select pool if that pool clearly is discriminatory to one of the protected
classes? May employers express a preference for a particular protected class
member is the advertising and hiring process?
Question 3. Differentiate between the independent contractor
and an employee. What test and what factors come into consideration in making
this determination?
Question 4.In Caring Hearts Personal Home Services, Inc. v.
Delores Hobley, did the court allow a non-compete contract to be enforceable
against an independent contractor as well as against an employee? Did the
Caring Hearts agency employ both independent contractors and employees? Are
geographical limitations allowed in non-compete contracts? May a period of time
of limiting employment in excess of one year be allowed to stand in a
non-compete agreement? What reasons exist, if any, to disallow independent
contractors to be restricted in the same manner as an employee in the
enforceability of a non-compete agreement?
Question 5. As set forth in Jamie Evans v. Washington Center
for Internships and Academic Seminars may an unpaid intern be entitled to a
tort claim equal to that of an employee who suffered the same harm?
Specifically, may it be the case that an employer may be held liable for
negligent actions in hearing the tort offender? May a high corporate officer be
held liable if only for failing to act reasonably?
Week 2 quiz
Question 1.What dangers, if any exists, where an employer
has insisted upon an arbitration clause in an employment agreement that
specifies that “any and all claims arising out of the employment shall be
resolved by mandatory arbitration”? Consider the courts’ opinions in EEOC v.
Waffle House and Circuit City v. Saint Clair Adams in your answers.
Question 2.What is the theory of Constructive Discharge of
Employment? How does it differ in kind and in meaning from Actual Discharge of
Employment?
Question 3.As demonstrated in Avery Foster v. Federal
Express, when and under what circumstances may an employee handbook constitute
an employment contract rather than an employment at will circumstance?
Question 4. When and under what circumstances may employers
monitor employee’s emails?
Question 5.What is a “whistleblower act”? What federal act
now primarily governs whistleblower actions? What is the theoretical purpose of
such an act?
Week 3 quiz
Question 1. Question :
Can
Wal-Mart stop all African American male customers each time they exit the store
to check their packages?
Yes, in a
high crime area.
Yes, but
only if they stop all male customers regardless of race.
Both A and
B.
neither A
nor B.
Question 2. Question :
Which of
the following are covered under Title VII?
Government
Employment
agencies
Labor
unions
All of the
above
None of the
above
Question 3. Question :
In the
University of Michigan case, which school established criteria that was
acceptable?
the College
of Arts and Sciences.
the Law
School.
both A and
B.
neither A
nor B.
Question
4.To effectuate the Brown v. Board of Ed. decision, what was required?
Integrated
public housing
Integrated public schools
Busing
All of the above
Question
5.When a Pakistan male brings a case based on race, he often couples this
allegation with one based on:
national origin.
religion.
color.
all of the above.
week 4 quiz
1.The Equal Pay Act does not prohibit differences for:
merit.
seniority.
quantity of work.
all of the above.
A and C only.
Question 2.Sex plus discrimination can involve gender plus:
homosexual lifestyle.
small children.
elderly parents.
all of the above.
B and C only.
Question 3.Employers may regulate:
length of hair.
facial hair.
clothing attire.
all of the above.
none of the above.
Question 4.The Equal Pay Act is an amendment to:
Civil Rights Act.
FLSA.
Minimum Wage Act.
NLRA.
none of the above.
Question 5.A woman who is employed in a club for teenage
girls can be terminated because she was single and pregnant. This is:
permissible under the at-will doctrine.
a BFOQ.
pregnancy discrimination.
none of the above.
A and B only.
Week 5 quiz
Question 1.Define the Bona Fide Occupational Qualification
allowed under Title VII? Are grooming and clothing requirement of a religious
practice protected under Title VII? How does the freedom of association right
factor into Title VII?
Question 2.In James Patterson and Lisa M. Coffey v. Indiana
Newspapers, what was the defense’s position with regard to Mr. Patterson? What
class, if any, were Mr. Patterson and Ms. Coffey asserting as a protected class
deserving of protection?
Question 3.May employers institute an English-Only Rule in
the workplace? Does Title VII consider verbal harassment in the workplace
concerning national origin enough to be an actionable suit in a court
complaint?
Question 4.Is it the case that Title VII of the Civil Rights
Act protects homosexual employees, or potential homosexual employees, who may
be discriminated in the workplace? Is sexual orientation a protected class?
What happens when an employer has an express policy against such
discrimination? Does this enhance rights?
Question 5.In Jimmie Beall v. London City School District
Board of Education how did the court defined the notion of “pretext” within the
context of a discrimination claim? What action may an employer take where there
exists a legitimate non-discriminatory reason for an employment termination
along with an unlawful discriminatory motive?
