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- 1. Complete Class 2 Click Link Below To Buy: https://hwaid.com/shop/complete-class-2-2/ Contact Us: hwaidservices@gmail.com HRM 593 Complete Class devry hrm593 week 1 discussion dq 1& dq 2 Employment-at-Will Exceptions and Liability (graded) Review the10 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, prepareadetailed responsefor one of theten scenarios, explaining your conclusion regarding whether thescenario 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 thescenarios give rise to potentialemployer liability and what steps should have been taken to avoid the exposure. Then, comment and expand on theposts of the other class members. Your instructor will respond with more ideas for discussion throughout theweek. hrm593 week 2 discussion dq 1& dq 2 Recruitment of Employees (graded) 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 thecompany. 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 thosewalk-in applicants who had friends or family in thecompany 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 atmospherewithin 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 Systemin Chapter 4. hrm593 week 3 discussion dq 1& dq 2 Sexual Harassment and theLaw (graded) What have sexual harassment laws accomplished in theworkplace? 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 dq 1& dq 2 Age Discrimination and the Workforce (graded) Baby boomers typically possess morework experience and are older than the
- 2. next generation. Does an employer have the right to refuse to hire candidates who are overqualified, such as baby boomers? Substantiate your response. 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 Cynthiaabout receiving benefits. Cynthiahas denied Karen’s request. Karen’s title, when she started, was Human Resources Temporary, but her new titleevolved into Human Resources Consultant to be more consistent with others in thedepartment 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 theIRS to ask them to determine her status. Your Role/Assignment: Your role is to decide if Karen is an independent contractor or an employeeand discuss some of thepreventative and ethical situations that are occurring in this case. 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 potentiallegal implications in the case? What should theutility do to rectify any wrongs in this situation? 5.Draft a sample policy for limiting theuse of independent contractors that will help avoid issues like this in thefuture. HRM 593 Homework Assignment 2 As noted in the EEOC tutorial (located in this week’s lecture), candidates for theDirector of HR position of thenewly merged company, ZAB, are being asked to preparea presentation about TitleVII, as it pertains specifically to disparate impact and disparatetreatment policies that should be implemented to avoid liability for potentialTitle VII violations. Do research to prepare for your presentation, and write a brief set of answers to the following questions: • the difference between a disparateimpact and a disparatetreatment claim; • the complaint procedure for a disparate impact and a disparatetreatment claim as it pertains to the EEOC; • the defenses available to the company should a disparateimpact claim and/or a disparate treatment claim be lodged against ZAB;and • suggestions for avoiding potentialEEOC claims and complaints. Your assignment should be between 500-750 words in length. You must also properly citeyour sources using APA format. HRM 593 Week 3 Homework Based upon the scenario, does the employeehave a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is thelikely outcome? Analyzethe legal factors for thepotentialclaim(s) in the context of the employeepursuing legal action against the employer. Using thesame 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 protocolthat will avoid potentialliability. What would your top five suggestions be and why? HRM 593 Week 4 MidtermExam (TCO B) Porter, Co. has recently instituted a policy of promoting only from within its employeepool. For years, the company hired for advanced positions internally and externally. At thetime when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of 200 individuals was 80% male and 20% female. Theavailable labor pool of 3,000 qualified individuals from which Porter, Co. might recruit for advanced positions, wereit looking outsideas well as within, was 50% male and 50% female. Should Porter, Co. have any cause for concern over thelegality of the new promotions policy? Explain in detail and support your conclusion with analysis of potentiallegal liability, suggested revisions, and explanation of possibleconsequences. (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. Analyzethe cause of action, legal basis for his claim, theviability of his claim, measures that should have been taken by the company to minimize or avoid
- 3. liability, and use applicable law to support your responseand conclusion. (TCO A) Emmanuel Peterson is an extremely busy law firm specializing in litigation. In order to keep up with theworkload, the firm refuses to hire anyoneas a secretary who is unable to typeat least 65 words per minute. As a result, there are no male secretaries working for thefirm. 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 comprises • Americans with Disabilities Act After viewing the tutoriallocated in this week’s Lecture below, stated week 5 review theLecture notes. Answer the following questions relating to ADA expanded by the ADAAA. If such a situation occurred in your workplace and you were the Director of Human Resources: • Would you deem Karina disabled under the ADAAA?If so, what reasonable accommodations would you offer to her? From an ADA policy standpoint, what would your ideal be in terms of an employer ADAAA policy? • What would your ideal be as to what the employee (Karina) should be told by theHR Department in regards to her rights and obligations pursuant to the ADAAA? • From the employer policy perspective, focus on identification of reasonable accommodation requirements under applicable law, application of the legal requirements for this scenario, determinations as to whether reasonable accommodations can be made, and steps that can be taken to make specific accommodations if requested. Your assignment should be between 500-750 words. Properly cite your sources using APA format. Week 5 Americans with Disabilities Act, ADAAA, and the Family Medical Leave Act Americans with Disabilities Act | Job Descriptions | Reasonable Accommodations | ADA Tutorial | Family and Medical Leave Act | Occupational Safety and Health Act (OSHA) | Conclusion This week, we will continue our discussion on discrimination in the employment environment. However, we will focus on two different areas of discrimination: disability and leave discrimination. These areas of discrimination are slightly different from our prior areas of focus. In addition, we will cover how the Occupational Safety and Health Administration provides protection for employees. Americans with Disabilities Act Back to Top The Americans with Disabilities Act was passed in 1990 towards making employment and other areas of life more accessible to individuals with physicaland mental disabilities. We will focus on the employment-related areas. When theAmericans with Disabilities Act (ADA) was passed, the intent from an employment side was to allow opportunities in the workforce for all, but especially those with disabilities. Prior to the passage of the Act, employers had limited responsibility to accommodate individuals who were not able to perform theduties of their position. TheADA requires employers to make a reasonable accommodation for disabled employees to help with performing their duties. This action allowed more individuals for job consideration. In return, employers made modifications to help disabled workers on the job. It sounds simple, right? Well, the ADA is not as easy to follow as it sounds. In fact, many employers find the Act complex and difficult to administer. According to many employers, terms are vague, which creates challenges in compliance. However, there are guidelines for employers to insure compliance. Even while doing this task, though, there is no guarantee that an employer can completely avoid a claim under ADA. The ADA was recently amended on January 1, 2009. The ADAAA provides clarity and broadens the definition of coverage. Job Descriptions Back to Top ADA compliance begins with the employer’s job descriptions. A job description includes a summary of the position, job duties, and job requirements. The job duties and requirements are most important when considering ADA. Thejob duties should focus on the essential duties and responsibilities of a position. Employers must check the job requirements section for accuracy. Job requirements (such as a college degree) are typically not applicable to ADA. However, mental, physical, and environmental conditions may result in a requirement for an accommodation. Some employers will include requirements casually because they feel that employees may need thoseskills to performthe jobs. However, this can be dangerous. An employer should review the requirements and determine if they are essential or if additional assistance can be provided to help perform thetask. For example, including a requirement to be able to walk around the office is unnecessary. Therequirement would more appropriately bestated as the ability to move around theoffice, which would not exclude someone in a wheelchair. Applicants and employees can request accommodation to performthe essential functions of the job. We will explore accommodations more below. Reasonable Accommodations Back to Top Now, let’s get back to our discussion on accommodations. Employers cannot ask direct questions about candidate disabilities. However, the employer has the legal right to ask a candidate if he or she is able to perform the duties of a job. This opens the door for a candidate to reveal a disability for which reasonable accommodation might apply. Oneexception is in which an individual comes in with an obvious disability and it is clear that this disability might impact his or her ability to performthe job. In this instance, an employer can ask the applicant if he or she will need reasonable accommodation to meet any of thejob duties. The key here is that theapplicant’s disability is obvious, so the employer is not asking the applicant to reveal something that is not already known. When an accommodation is requested, theemployer should consider the request as it relates to essential job duties. The employer
- 4. should also consider the reasonableness of therequirements. An accommodation is considered reasonable or unreasonable based upon the cost to make the change and the available resources. Undue hardship is an individualized assessment of current circumstances that shows how reasonable accommodation would cause significant difficulty or expense. This is determined by cost, financial resources of theemployer, employeeheadcount, impact of the cost, industry, and the impact of the accommodation to operations. When addressing a reasonable accommodation, good practice is to request that the employee providesuggestions that would help him or her perform theduties of the position. Thesesuggestions should then be reviewed by human resources or a disability coordinator. By having the employeesuggest the requirements, it is more likely that the accommodation will work for the employee. Theemployer should also obtain supportingmedical documentation to substantiatethedisability. An employer may need a medical consultant to help determine if thedisability and requested accommodation are appropriate. The ADAAA did not change thereasonable accommodations provisions of the ADA. However, theterm disability was significantly expanded. The ADAAA states that it should be interpreted broadly, versus narrowly, which can exclude employees from protection. The ADAAA added major bodily functions to protect thosewith serious medical conditions that are not evident daily. For example, major bodily functions include digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductivefunctions. The ADAAA prohibits employers fromconsidering the effects of many mitigating measures when determining whether someone has a disability. Additionally, theADAAA covers workers whoseemploy ers discriminate based on a perception that theworker is impaired, regardless of whether the worker has a disability. This protection does not apply to persons with short-termimpairments (colds, flu, broken bones). HRM 593 Week 6 Homework Homework: FLSA HRM 593 Religion In TheWorkplace 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 Final Exam 1. (TCO A) Alice Jones was employed as a clerk-typist by acompany. 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 thepossible causes of action available to Jones, and identify and explain the possibledefenses available to Jones’ employer with regard to each cause of action. Integrate case law and statutory supportinto your response. (Points :30) 2. (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 theratings, 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 theprogramming, therest 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 thepart of the station. Determine the remedies available to Jaro, if any. Use case law to support your analysis and conclusion. (Points : 30) 3. (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. Thesupervisor 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 theheart attack.
- 5. After six months, John returned to work on a part-timebasis. John worked reduced hours for the next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance appraisalof all managerial employees and discharged those with the lowest performance ratings. John, because of his part-timestatus, had one of the lowest performance ratings. The company did not look at performance pro-ratabased 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 thepotentialclaims and defenses. Utilizecase law to support your responses and conclusions. (Points : 30) 4. (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 thecompany violated OSHA’s general duty clause, or if this was merely an unfortunate accident. Assuming that passing close to the wires was unavoidable, identify thesteps that thecompany might have taken to avoid thetragedy. (Points : 30) 5. (TCO E) Julie is a fruit picker and has worked for the same company for three years. Between Apriland 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, theworkers were required to work a minimum of 55 hours per week. The workers were not paid overtime for thehours worked in excess of 40. Identify and analyze the possibleclaims that Julie has against her employer. Identify and evaluate the legal basis for the claim, the potentialrecovery, and the likelihood of prevailing against her employer. (Points : 30) 6. (TCO F) Thetrusteeof 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 thedenial 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) 7. (TCO G) A hiring manager did not properly verify I9 documentation for a new employee. In fact, thenew 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) 8. (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 systemthat saved thefirm $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 stressfuljob” 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 theCourt should rule on Black’s claim. Determine whether Black has made a case under the Americans with Disabilities Act. Assess whether Black can pursuean ADA claim notwithstanding accepting disability benefits. (Points : 35) Related