Course Textbook

Bennett-Alexander, D. D., & Hartman, L. P. (2009). Employment law for business (6th ed.).

New York, NY: McGraw-Hill.

Written Responses:

• Unless otherwise indicated, there is a 200 word minimum response required.

• Credible reference materials, including your course textbook(s), may be used to complete the assessment. APA Information

In-text and reference citations are required for all written responses.

1. What are the requirements imposed on employers by the Worker Adjustment and Retraining Notification (WARN) Act? List and discuss the exceptions to this Act.

2. Tom Payton was employed by Carver Industries, Inc. as a Marketing Manager. He was fired for sexually harassing three female administrative assistants. Specifically, Tom cornered the women in the supply room on three separate occasions and touched them inappropriately.

The last incident which resulted in his termination occurred after he asked Paula Lee to work overtime and called her into the supply room to assist him in finding paper clips. When she entered the room, Tom grabbed her and attempted to fondle her.

Ms. Lee pushed Tom away and called a security officer who escorted her out of the building. Ms. Lee reported the incident the following day to the Vice-President of Human Resources. Later that day, the other women came forward and reported the previous incidents.
Dave Smith, Tom's immediate supervisor, was contacted by Marketing Miracles, Inc. for a reference for Tom.

Dave gave Tom a glowing reference and did not mention the reason for Tom's termination. Tom was hired and six months later sexually assaulted Ann Kelly, a female employee of Marketing Miracles, in the supply room after he requested that she work overtime. Is Carver Industries liable for the harm to Ann Kelly?

3. How do the 5th and 14th Amendments protect a government employee's right to privacy? How do the courts determine what privacy rights are to be protected under the Constitution?

4. Margo works for a religious bookstore. Seventeen years ago, in a distant state and as an unmarried juvenile, Margo had an abortion. Coworker "A" discovers this fact from a chance meeting with one of Margo's former high school classmates. Coworker "A" purposely reveals it to other coworkers, who find the fact that she had extramarital sex and an abortion to be deeply offensive. Thereafter, Margo is ostracized at work. Does Margo have any legal recourse against the coworker who made this revelation? Explain.

5. Linda was employed with Southern Telephone Company as a telephone operator for 10 years. Bored with this job, she applied for an open position as a telephone repairman which paid $10.00 per hour more than she was earning as a telephone operator.

This position required the employee to be able to climb to the top of a telephone pole wearing a tool belt weighing approximately 15 to 20 lbs to make repairs. Southern Telephone Company refused to admit Linda into the training program for the position claiming that she was incapable of performing the duties of the position because she was female.

Discuss this scenario from both Linda's and Southern Telephone Company's points of view, including the basis for the relevant claims and defenses.

6. Discuss the similarities and the differences between Title VII of the Civil Rights Act of 1964 with 42 U.S.C. 1981.

7. Describe some lawful steps that an employer can take to bring qualified women and minorities into a workplace from which it has been determined that they have previously been excluded.

8. What is "reverse discrimination," and how should an employer respond to an employee's claim of reverse discrimination?

9. Victoria Williams has been employed by TEDCO for 3 years. During that time, she has been an exemplary employee, repeatedly receiving the honor of being named employee of the month. TEDCO has 150 employees, 47 of them female, yet none of its female employees have young children. However, several of the male employees have young children.

TEDCO provides health insurance and disability insurance for all full time employees. Victoria told a co-worker that she was pregnant. The co-workers warned her not to tell her supervisor, Brian. Victoria told Brian anyway, informing him that she intended to take 3 months off after she had the baby. Brian didn't like having pregnant women on his team.

He thought they became inefficient, missed work due to "morning sickness" and to attend doctor's appointments, and were more emotional than non-pregnant workers. Furthermore, he didn't want Victoria to return to work after the baby was born because he didn't want to deal with the hassle of having an employee with a young child and all the potential issues that go along with it.

Brian started to criticize Victoria's performance, claiming that her work was substandard and that she was not a productive member of the team. Brian fired Victoria in her 6th month of pregnancy. She found out later that Brian had fired another employee when she told him she was pregnant. Does Victoria have a valid claim for pregnancy discrimination against TEDCO? Explain the reasons for your answer. Does Victoria have a valid claim based on Brian's attitude towards women with young children? Again, explain your answer.

10. List and discuss four ways that management can deal effectively with the threat of gender discrimination.

11. The elements of a prima facie case of religious discrimination for disparate treatment and for failure to accommodate are different. What are the requirements for each?

12. What are the general obligations of an entity that is covered by the Health Insurance Portability and Accountability Act (HIPAA)

13. List the elements that an employee must prove to prevail on a claim for discrimination based on national origin. How are the requirements for national origin discrimination different than the requirements for discrimination based on religion?

14. Distinguish between national origin and citizen

15. Carter was hired as a disc jockey by Warren when he was aged 54. Two years later, during economic hard times for Warren's business, Carter is laid off by Warren. Carter brings a claim of age discrimination against Warren. On the basis of these facts alone, what are Warren's defenses to Carter's claim? Which is Warren's best defense? Explain.

16. Describe the elements of a prima facie case of hostile work environment discrimination under the Americans with Disabilities Act (ADA). How does this differ from the requirements of the Rehabilitation Act?

17. Case Study

Read the case titled, "Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day v. Amos 483 U.S. 327 (1987)" listed on p. 528 of your textbook and answer question 2 of p. 529 (question: As a church employer in Your religion, what reason would you give for requiring that the building engineer be of the same religion?)

A well thought out and written response to this question can be accomplished in 300 - 500 words (1 or 2 pages double Spaced). If you use published material in your response you should cite the source per the APA style guidelines (see your Online library for APA Guidelines).