HRM593 Week
1 Discussion 1 & 2 Latest 2018 May
dq 1
WEEK 1: EMPLOYMENT-AT-WILL EXCEPTIONS AND LIABILITY
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Review the 10 cases
presented for consideration in Question 2 (letters a – j) of the Chapter-End
Questions in Chapter 2 (pp. 80-81 of the eBook).
For your first post,
prepare a detailed response for one of the ten scenarios, explaining your
conclusion regarding whether the scenario constitutes a violation of public
policy or a breach of a covenant of good faith and fair dealing. Support your
conclusion with legal analysis and reasoning. Explain whether any of the
scenarios give rise to potential employer liability and what steps should have
been taken to avoid the exposure. Then, comment and expand on the posts of the
other class members.
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WEEK
1: CONTRACT AND TEMPORARY EMPLOYEES
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Over the past 20 years,
employers began relying on part-time, temporary, and contract employees to
reduce costs, increase flexibility and reduce benefit costs. Employees feel it
is discriminatory for employers to exploit the labor market by using part-time
workers and temps to keep labor costs down for one segment of the work while
paying full value for another segment. In the past few years, numerous laws and
tax changes have been proposed to try to regulate this area of the industry
better.
Please review the
“YouDecide” content which is located under the Week 1. We will begin our
discussion by debating whether Karen is an independent contractor, or a
full-time employee. Your first post should answer these two questions:
- Do you
feel that Karen is an independent contractor or an employee? - What is
your rationale for this decision?
HRM593 Week
2 Discussion 1 & 2 Latest 2018 May
dq 1
WEEK 2: RECRUITMENT OF EMPLOYEES
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Let’s begin our
discussion on recruitment by using a fact pattern from a litigated case. Cone
Mills Corporation had several recruiting procedures that gave preferential
treatment to applicants who either had family members or friends working for
the company. One of these procedures was to give priority to applicants who had
family members employed by the company. The other procedure entailed having an
unwritten policy that walk-in applicants had to have renewed every two weeks.
This created a situation where only those walk-in applicants who had friends or
family in the company would renew their applications because they would be the
only ones informed of the informal rule, which was not presented in any manual
or policy. These recruiting procedures were challenged as being discriminatory
towards blacks in general, especially black women, because the informal network
responsible for recruiting new employees was unavailable to them. The company
claimed that the procedures were not designated to be discriminatory, but
rather, to create a loyal family atmosphere within the plant (Lea v. Cone Mills
Corp., 3001 F. Supp. 97).
Should employers be able
to recruit through employee referrals and word-of-mouth? Does the law allow for
such a recruitment technique? What specific restrictions does Title VII place
on an employer’s ability to recruit and hire? As part of this discussion, refer
to the cases of EEOC v. Chicago Miniature Lamp Works and EEOC v.
Consolidated Service System in Chapter 4.
dq 2
WEEK
2: AFFIRMATIVE ACTION
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Affirmative action is a
topic that tends to elicit strong opinions. Exhibit 5-11 in Chapter 5 sets
forth opposing views on the issue of affirmative action. In our attempt to
discuss affirmative action from an employer and employee perspective, please
read United Steelworkers of America, AFL-CIO v. Weber and the discussion
ofJohnson v. Transportation Agency, Santa Clara County, California in Chapter 5.
Referencing the
materials in the text, explain affirmative action in conjunction with Title VII
mandates from a legal perspective. What limits, if any, does Title VII place on
affirmative action? How can companies manage affirmative action programs to
encourage widespread recruitment, but avoid the stigma ofquota systems as charged by
affirmative action critics? Let’s have a great academic, professional threaded
discussion about affirmative action.
HRM593 Week
3 Discussion 1 & 2 Latest 2018 May
dq 1
WEEK 3: SCOPE AND APPLICATION OF CIVIL RIGHTS LAWS
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Civil rights law provides for employee protections against
discrimination in many situations. The legal criteria must be strictly adhered
to in order to qualify for the protections afforded under the law. What happens
to civil rights enforcement if a part of the workforce is unprotected by civil
rights laws? Will the public policy exception to the employment-at-will
doctrine expand to fill gaps in public policy to the point where exclusions
will be rendered meaningless?
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WEEK
3: SEXUAL HARASSMENT AND THE LAW
106106 unread replies.117117
replies.
What have sexual harassment laws accomplished in the workplace?
Have the advances in sexual harassment law resulted in women being denied
meaningful access to senior management mentors, who are most often male? Does
every civil rights gain in the workplace also carry with it an unintended cost?
HRM593 Week
4 Discussion 1 & 2 Latest 2018 May
dq 1
WEEK 4: RELIGION AT WORK – ACCOMMODATE OR CONFLICT?
101101 unread replies.118118 replies.
What if one person’s right to practice religion conflicts with
another person’s right to be free from the influence of religious practice?
What are some practical rules that can be set regarding religious observations
in the workplace? How can we accommodate religious practices that require
certain time off, religious garb, or even facial hair?
dq 2
WEEK
4: AGE DISCRIMINATION AND THE WORKFORCE
9797 unread replies.111111 replies.
Baby boomers typically possess more work experience and are older
than the next generation. Does an employer have the right to refuse to hire
candidates who are overqualified, such as baby boomers? Substantiate your
response.
HRM593 Week
5 Discussion Latest 2018 May
WEEK
5: ADA PROTECTIONS
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replies.
On September 25, 2008, President Bush signed the ADA Amendments
Act of 2008 (ADAAA) into law, overturning a series of decisions by the U.S.
Supreme Court under the Americans with Disabilities Act (ADA) and expanding the
scope of medical conditions protected by the law. What do these changes mean
for employers and employees in conjunction with protection against
discrimination based on disability in the workplace? What will employers need
to do to comply?
HRM593 Week
6 Discussion Latest 2018 May
WEEK
6: FLSA
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College sophomore, Suzy Smart, works part-time in the Handi Mart
convenience store near campus. The store manager requires that each clerk
arrives 15 minutes prior to the start of the shift so that the clerk going
off-duty can review the sales figures and cash status with replacements before
leaving. The clerk going off-duty punches the timecard after this review, but
the incoming clerk is not allowed to punch in until the review is completed and
they have agreed that the sales and cash figures are accurate. Sometimes, this
exercise takes more than 15 minutes, and no matter how long it takes, the clerk
coming on-duty may not punch the timecard and start earning wages until the
process is completed.
Suzy, who completed a course on labor and employment law, realizes
that the store manager is violating the FLSA by not allowing the incoming clerk
to punch the time clock upon arrival. She brings this issue up with the store
manager, who tells her that Handi Mart’s parent corporation does not allow the
store to compensate two clerks for the same period of time, no matter how
brief, since this is classified by the corporation as a single coverage store.
Furthermore, he adds ominously, if Suzy complains to the Wage and Hour Division
of the DOL, he will probably be forced by the company to lay Suzy off, along
with other part-timers, and cover the store himself for the evening shifts. He
states, “You may get everyone a few dollars in back pay, but you’ll also
cost everybody their jobs. Remember, some of your co-workers are single parents
who need this extra income to make ends meet.”
Has the store manager violated FLSA? Explain? Explain how you
would address this scenario as an HR professional.
HRM593 Week
7 Discussion 1 & 2 Latest 2018 May
dq 1
WEEK 7: PERFORMANCE OR PRIVACY
5959 unread replies.7373 replies.
A bank in a small town is concerned with the perception of its
employees by customers and others in the community. Branch managers are
responsible for both the running of the branches and building community
relationships. The bank decides that it needs to determine if certain personal
habits are creating a negative perception towards customers. The bank decides
to monitor its branch manager’s off-duty activities in order to determine if this
is creating concerns for the bank. Is the bank legally permitted to carry
through this action? Does this constitute an invasion of privacy?
dq 2
WEEK 7: EMPLOYMENT LAW IN ACTION
6464 unread replies.7171 replies.
Retaliation has been the number one filed EEOC complaint now since
2010, surpassing racial and sexual harassment and discrimination for the first
time then, and since then. Often, disciplinary actions result in EEOC filings.
Discipline is an area of Human Resources that can certainly create
the potential for legal liability for employers. What are some good guidelines
to follow? What are some pitfalls to avoid? How might valid policies be
structured and investigations be handled to ensure that retaliation complaints
do not result from disciplinary actions?
HRM593 Week
2 Homework Latest 2018 May
As noted in the EEOC
tutorial (located in this week’s lesson), candidates for the Director of HR
position of the newly merged company, ZAB, are being asked to prepare a
presentation about Title VII, as it pertains specifically to disparate impact
and disparate treatment policies that should be implemented to avoid liability
for potential Title VII violations. Do research to prepare for your
presentation, and write a brief set of answers to the following questions:
- the
difference between a disparate impact and a disparate treatment claim; - the
complaint procedure for a disparate impact and a disparate treatment claim
as it pertains to the EEOC; - the
defenses available to the company should a disparate impact claim and/or a
disparate treatment claim be lodged against ZAB; and - suggestions
for avoiding potential EEOC claims and complaints.
Your assignment should
be between 500-750 words in length. You must also properly cite your sources
using APA format.
HRM593 Week
3 Homework Latest 2018 May
Review the Sexual Harassment tutorial, which is found in the
lecture. After viewing the Sexual Harassment tutorial, completing the reading,
and reviewing the lecture notes in conjunction with the CO, answer the
following questions about the tutorial scenario and facts.
Based upon the scenario, You will prepare a 5-8 slide PowerPoint
presentation with voice over. Include the following in your presentation;
- Does the employee have a legally
viable claim for quid pro quo sexual harassment and/or hostile environment
sexual harassment? What is the likely outcome? - Analyze the legal factors for the
potential claim(s) in the context of the employee pursuing legal action
against the employer. - Let’s shift gears. Using the same
scenario, assume that you are in the HR Department of your organization,
and that you were just presented with the scenario as an example used to
explore policies and procedures that will avoid sexual harassment
liability. Your boss has asked you to make preliminary suggestions (which
will be presented to the legal counsel) regarding sexual harassment
protocol that will avoid potential liability. What would your top five
suggestions be and why?
Your PowerPoint presentation will also include voice thread
narrated or similar technology. This is an individual assignment.
HRM593
Week 5 Case Anaylsis Paper Latest 2018
May
John
worked for Acme as a senior analyst. He suffered a heart attack and took
medical leave from his job. Prior to the heart attack, his supervisor opened a
locked drawer in his work desk and found prescription drugs that were not
prescribed to John. The supervisor thought that John had been acting a bit
strangely, but decided that he would confront him about it later. The
supervisor did not confront John before the heart attack.
After
six months, John returned to work on a part-time basis. John worked reduced
hours for the next year. Acme was forced to reduce its workforce to cut costs.
Acme conducted a performance appraisal of all managerial employees and
discharged those with the lowest performance ratings. John, because of his
part-time status, had one of the lowest performance ratings. The company did
not look at performance pro-rata based on hours worked. John sued and alleged
that he was wrongfully terminated in violation of the ADA. John alleged that
his termination was a result of his disability.
Your
task is to analyze, identify and discuss the major components of the American
Disability Act ADA of 1990 as it applies to the above case study. You may use
the Internet and the library database for your search. Identify and analyze the
potential claims and defenses with in the case and determine if there were any
violations with respect to the ADA Act of 1990. Utilize the content in the ADA
Act to support your responses and conclusions.
Deliverable
You
will prepare a 1000 to 1500 word paper both explaining and highlighting the
specifics of the ADA Act of 1990 and how it relates to the case. Please
identify which laws if any were broken. Please include a minimum of three
references with your paper.
HRM593
final exam june 2018
Question 1 30 pts
(TCO A) Bob has worked for Acme, Inc.
for 10 years. During the entire period of Bob’s employment, his performance had
never been formally evaluated or criticized; he was never denied a raise or
bonus. The company was doing extremely well, constantly hiring new employees.
During the busiest time of the year, Bob told his boss that he required
surgery. Bob went out on approved FMLA. Bob was terminated when he returned to
work. Even though the term of Bob’s employment is not specified by contract,
does Bob have a cause of action against his employer arising out of the
termination? Identify and analyze the possible causes of action available to
Bob and the likelihood of prevailing in the litigation. Utilize applicable law
to support your conclusions.
Question 2 30 pts
(TCO B) Mary Smith was an employee of
Thomas Contracts, a pipeline construction company. Mary was supervised by H.D.
Thomas, son of the owner of the business. She became involved in an affair with
Thomas, who was married. Thomas ended the affair and subsequently fired Mary
based on her performance since the affair began. Mary filed a suit against
Thomas Contracts, alleging that her discharge was due to gender discrimination,
sex discrimination, and in violation of Title VII. Analyze and determine
whether she succeeded. Identify and explain the applicable law and statutory
authority in conjunction with the facts in the scenario to support your conclusion.
Question 3 30 pts
(TCO C) Carla Miller worked as a
promotions director for a radio station owned by Dilner, Inc. Miller used a
company van in her work, which required her to organize promotional events in
bars and nightclubs. Dilner issued a memorandum to all employees prohibiting
consumption of alcoholic beverages while at company events; violation of the
policy was grounds for discharge.
In May 1994, Mark Lang became Miller’s
supervisor. One month prior to that date, Miller missed one day of work,
explaining that she had been out late drinking the night before. The incident
was noted in her file. Lang was aware of the entry in her file; he was
particularly sensitive to issues of drug and alcohol abuse because he had
received treatment himself for chemical dependency. About a year later,
management became suspicious that Miller had driven the company van after
drinking. Management hired a private investigator, Samuels, to follow her. On
June 6, 1995, Samuels observed Miller drinking at several bars and then driving
away in the van. He also observed her drinking with some of the station’s
advertising clients two days later. Miller, who weighed about 250 lbs, admitted
that she had about five drinks over the course of six hours, during which time
she had also consumed food. Samuels called Lang when Miller left the bar. Lang
demanded the keys, which Miller surrendered to him.
The next day, Miller was informed that
her actions on the previous night were reason for termination. Miller was
offered the opportunity to enroll in a chemical dependency treatment program
due to the possibility that she might be an alcoholic. Miller was informed that
she could complete the program with no loss in pay, or she would be fired. She
rejected the treatment and was fired. She sued Dilner and the ADA, alleging
that Dilner fired her because it regarded her as an alcoholic. In applying
applicable law to the scenario, determine how the court ruled in her case.
Forecast the outcome and set forth the analysis and breakdown for your
conclusion, utilizing applicable case law and statutory authority in your
response.
Question 4 30 pts
(TCO D) A house-moving company was
moving a house and came close to three 7,200 volt power lines. Fire was
observed where the house’s lighting rod came too close to one of the power
lines. Two employees were electrocuted and three more were injured. Analyzing
the fact pattern, determine whether the company violated OSHA’s general duty
clause, or if this was merely an unfortunate accident. Assuming that passing
close to the wires was unavoidable, identify the steps that the company might
have taken to avoid the tragedy.
Question 5 30 pts
(TCO E) Julie is a fruit picker and
has worked for the same company for three years. Between April and June 2005, she,
along with 300 other fruit pickers, worked at this company. The workers,
including Julie, worked an average of 40 hours per week, five days per week,
during the entire three-month period. Beginning in July, 2005, the workers were
required to work a minimum of 55 hours per week. The workers were not paid
overtime for the hours worked in excess of 40.
Identify and analyze the possible
claims that Julie has against her employer. Identify and evaluate the legal
basis for the claim, the potential recovery, and the likelihood of prevailing
against her employer.
Question 6 30 pts
(TCO F) The trustee of an
ERISA-qualified plan, and also a participant in the plan, denied a
discretionary payment of a lump-sum accrued benefit to a participant who had
terminated his employment. The participant sues, claiming the denial of the
discretionary payment is self-dealing. Determine whether the participant will
prevail. Articulate the basis for your conclusion, using applicable case law
and statutory authority.
Question 7 30 pts
(TCO G) In response to the Drug-Free
Workplace Act, the Department of Labor (DOL) instituted its Drug-Free Workplace
Plan, which designated certain DOL positions as sensitive in regard to public
health and safety or national security. Employees in these positions, called
“testing-designated positions,” could be subject to drug testing,
including testing based on a reasonable suspicion of on-duty or off-duty drug
use. The American Federation of Government Employees sought to enjoin this type
of testing. The plan is being challenged. Identify and explain the legal basis
for the challenge and determine whether the DOL’s plan will hold up in court.
Utilize applicable law in your analysis and assessment.
Question 8 30 pts
(TCO H) A & Z, Co. had a workplace
policy of prohibiting the hiring of family members of current employees. On a
number of occasions, however, the male children of current male employees had
been hired, but no female children had ever been hired, even though many
applied. Also, no children, male or female, of any current female employee, had
ever been hired, even though, again, many had applied.
The female child of a current male
employee files a lawsuit. Determine the legal basis for the claim and assess
the likelihood of prevailing against A & Z, Co. From an employer
perspective, what suggestions would you make in terms of best practices to
minimize future legal liability? Utilize applicable law in your response.
