Instructions:
You are to write a 4-5 page (4 FULL pages) double spaced paper advising me what my rights are, what I can do, what I can not do. I need to know the legal issues I am facing.
What are the major laws, and most current laws that I need to be aware of? Look at both federal and state laws - company is in California.
You are to be comprehensive.
Please do not just answer the very specific questions asked in the scenarios and believe you are done. I have asked you for a brief recitation of applicable laws. You should use internet research to find what the most current laws are, both federal and state.
You have broad license to research your position. Make sure that you can document where you obtained your data.
Because this is an introductory law class I will not require you to use formal LEGAL citation, however citations should be used and a bibliography should be included. You may cite to cases in the following format: Jones v. Smith (1997)
Note: Any bibliography would not count as text pages. This paper must be typed in 12 pt. font, black ink. Do not include pictures, funny quips, illustrations. You are to treat this paper as if you are presenting it to a client. It should be uploaded by the due date noted in the syllabus.
Format:
You are to use APA format - (because that is what we have been requested to give you more practice doing)
Assignment:
Legal Issues Paper:
I am the owner of a local company (Redding, CA) that builds component parts for road emergency warning lights. I employ approximately 80 people. I occasionally have federal contracts.
I recently interviewed a very qualified candidate to work in sales management. This candidate, Smith, is in a wheelchair and I am afraid that I would have to make certain accommodations to employ her.
There is another candidate, Jones, that is not as well qualified but she is not in a wheelchair. Can I employ the non-handicapped employee over the more qualified Smith? Am I facing any liability issues or discrimination issues if I do so? What are the laws applicable here that I should be aware of?
Also, I have recently interviewed another candidate for a position in accounting. During the interview he made it quite clear that he is gay. His sexual orientation makes no difference to me, however I am afraid that I might face a discrimination suit if I don't hire him simply because he might allege I am somehow prejudiced.
Frankly, I don't want to hire him, not because he is gay, but because I just didn't like him as much as another candidate. However, I am afraid I may be facing a lawsuit. Am I in danger of a potential lawsuit if I don't hire him? What are the laws applicable here?
Finally, I want to promote Sally, my assistant to Executive Director of Human Resources. Sally is 32 years old. She is very qualified and has proven herself to be a true asset to me. Granted her human resources experience is somewhat limited, but she is a quick study. If I promote Sally, I would be promoting her over the current Assistant Executive Director of Human Resources, Brenda, who is 56 years old, and who is crabby.
Can I promote Sally without fear of a discrimination suit by Brenda. Brenda, has on occasion made comments about how the "young people" are taking everything over, and that experience doesn't seem to count for anything anymore. What laws should I be aware of regarding age discrimination?
I'm starting to realize I know little about employment law and discrimination laws. What laws should I be aware of in regard to discrimination in employment? What are the major issues I should be aware of in hiring, firing and promoting employees so that I don't have face lawsuits which can cost a bundle.