HRM 593 Employment Law Complete Course Assignments & Final Exam
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HRM 593 Homework Assignment 2 Title VII :
As noted in the EEOC tutorial, 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. The presentation should focus on:
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. In other words, what are the best practices this company can implement to avoid discrimination law suits?
The presentation must be completed in PowerPoint. You can utilize the notes section on PowerPoint to add extra information to the presentation. The presentation should be between 10-15 slides. Be as creative as possible. You must also properly cite your sources using APA format. Please refer to the course syllabus for proper APA format.
This assignment will help you in three areas:
Help you gain a better understanding of the differences between disparate impact and disparate treatment.
Help you learn proper APA citation format.
Help you improve your PowerPoint skills for future presentations.
HRM 593 Religion In The Workplace :
Introduction
Chart of Faith
Title VII of the Civil Rights Act of 1964
Discrimination prohibition
Bona Fide Occupational Qualification (BFOQ)
Religious Harassment
When to file a Title VII claim
HRM 593 Week 1 You Decide :
Scenario Summary:
Karen is a human resources consultant at a local utility. Originally, the work requested was project based. Karen was asked to develop training materials for an upcoming session on diversity. Cynthia, the human resources manager, was very happy with the work that Karen did and asked her to work on some additional projects. Before everyone knew it, Karen had been working at the utility for five years.
Karen has been paid a monthly base salary of $10,000 per month. Karen has received a 1099 for her wages over the past five years, but has not received a W-2. Karen was not offered any benefits, but when she was hired, she did not need them, as she was happily married. However, Karen’s husband recently passed away and she asked Cynthia about receiving benefits. Cynthia has denied Karen’s request. Karen’s title, when she started, was Human Resources Temporary, but her new title evolved into Human Resources Consultant to be more consistent with others in the department who are doing work similar to hers. Karen does have a contract with the utility.
Karen has had other limited clients over the years. She had one client for an approximately 40-hour project two years ago, and she currently has another client that keeps her on a retainer basis.
Since she was denied benefits, Karen has contacted the IRS to ask them to determine her status.
Your Role/Assignment:
Your role is to decide if Karen is an independent contractor or an employee and discuss some of the preventative and ethical situations that are occurring in this case.
HRM 593 Questions:
1.Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision?
2.What factors do you feel help contribute to Karen being an employee?
3.What factors favor her being a contractor?
4.What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation?
5.Draft a sample policy for limiting the use of independent contractors that will help avoid issues like this in the future.
HRM 593 Week 3 Homework :
Based upon the scenario, 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.
Using the same scenario, assume you are in the HR department of your organization and 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?
HRM 593 Week 4 Midterm Exam :
(TCO B) Porter, Co. has recently instituted a policy of promoting only from within its employee pool. For years, the company hired for advanced positions internally and externally. At the time when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of 200 individuals was 80% male and 20% female. The available labor pool of 3,000 qualified individuals from which Porter, Co. might recruit for advanced positions, were it looking outside as well as within, was 50% male and 50% female. Should Porter, Co. have any cause for concern over the legality of the new promotions policy? Explain in detail and support your conclusion with analysis of potential legal liability, suggested revisions, and explanation of possible consequences.
(TCO H) Kramer, a African-American male, enters into an employment contract with Bonzai Consulting for a three-year term. Shortly after the commencement of the term, it was made clear to Kramer by some of his Caucasian colleagues that he was not welcome. Kramer was frequently locked out of his office, his work was sabotaged, and his mail was intercepted and destroyed. All of these actions rendered him ineffective and led to his eventual dismissal. Kramer sues. Analyze the cause of action, legal basis for his claim, the viability of his claim, measures that should have been taken by the company to minimize or avoid liability, and use applicable law to support your response and conclusion.
(TCO A) Emmanuel Peterson is an extremely busy law firm specializing in litigation. In order to keep up with the workload, the firm refuses to hire anyone as a secretary who is unable to type at least 65 words per minute. As a result, there are no male secretaries working for the firm. A group of male applicants files litigation that challenges this policy. Explain the legal basis for the suit, the likelihood of prevailing in the cause of action, and the defenses available to the firm.
HRM 593 Week 5 Homework :
Table of Contents
Introduction
The facts
Disability under the ADAAA
Karina’s Disability
ADA policy
Conclusion
References
HRM 593 Week 6 Homework :
Table of Contents
Introduction
FLSA
SWAT
The facts
Compliance with FLSA
References
HRM 593 Final Exam:
- (TCO A) Alice Jones was employed as a clerk-typist by a company. She requested and was refused a vacation day. The employer’s refusal was based on her failure to submit the request at least two weeks in advance as required by company policy. She announced that she would take the day anyway, and when she subsequently failed to report for work, was fired for insubordination, plus the unexcused absence. Jones claimed that the company’s real reason for firing her was a complaint that she had made to her state’s department of labor concerning elimination of employee rest breaks.
Explain and evaluate the possible causes of action available to Jones, and identify and explain the possible defenses available to Jones employer with regard to each cause of action. Integrate case law and statutory support into your response. (Points : 30)
- (TCO B) Jaro was a disc jockey for MNLO, a radio station in San Francisco. He initially broadcasted in only English. The station program director asked him to use some Spanish street phrases and slang in an effort to attract Hispanic listeners and increase the station’s audience. After reviewing the ratings, the station manager concluded that the use of Spanish on the air actually decreased the station audience, because it confused listeners as to the nature of the programming, the rest of which was in English. Jaro was then instructed to broadcast in only English. Jaro continued to use Spanish while on the air and was ultimately fired. He filed a complaint alleging Title VII violations based on national origin discrimination. Explain and analyze the basis for Jaro’s Title VII complaint, and whether it would result in liability on the part of the station. Determine the remedies available to Jaro, if any. Use case law to support your analysis and conclusion. (Points : 30)
- (TCO C) 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. Identify and analyze the potential claims and defenses. Utilize case law to support your responses and conclusions. (Points : 30)
- (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. (Points : 30)
- (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. (Points : 30)
- (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. (Points : 30)
- (TCO G) A hiring manager did not properly verify I9 documentation for a new employee. In fact, the new hire’s social security card was a forgery, and the INS assessed a fine against the employer claiming that it knew or should have known that the card was false. Determine whether this company is liable under the IRCA. Identify and integrate applicable law and statutory authority to provide validity for your response. (Points : 35)
- (TCO H) Calvin Black was hired as the manager for a law firm in June 1992. In his first year in the position, he created a time-keeping system that saved the firm $13,000 per month, negotiated leases to lower rental payments by $43,000, lowered client disbursement costs by $200,000, and reduced overtime costs by $40,000. The firm’s partners gave him a performance evaluation, stating that they were very satisfied with his performance. He received a raise of $4,600. After about a year, Black developed a limp. When he consulted a doctor, he was informed that he had multiple sclerosis. After his diagnosis, he informed his firm and requested that the firm meet with his doctors to determine what measures could be taken to accommodate his condition. One partner had one brief meeting with one doctor, who suggested the firm limit the amount of walking that Black was required to do. The firm made no effort to limit Black’s walking, to move his office, or to rearrange his job. Instead, the firm assigned additional duties to him and urged him to cancel his vacation. On one occasion, a partner told him to go home if he was tired, so he would not wear himself out and become ineffective.
In January 1994, Black was terminated because his condition affected his performance and the firm claimed that his thinking was not as crisp as it needed it to be. After he was terminated, Black applied for and was granted disability benefits under the firm’s insurance policy, stating that he was unable to work long hours in a stressful job and needed a flexible work schedule. He then worked as a consultant and enrolled in a graduate program at a local university. Black brought a lawsuit against the firm under the Americans with Disabilities Act. The firm argued that Black was precluded from bringing suit because he accepted disability benefits. Explain how the Court should rule on Black’s claim. Determine whether Black has made a case under the Americans with Disabilities Act. Assess whether Black can pursue an ADA claim notwithstanding accepting disability benefits. (Points : 35)
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