Employment Law and Discrimination: A Guide to Understanding Title VII and Related Topics, Quizzes of Linguistics

Download Employment Law and Discrimination: A Guide to Understanding Title VII and Related Topics and more Quizzes Linguistics in PDF only on Docsity! TERM 1 MGT 434 Final Exam Guide NEW DEFINITION 1 MGT 434 Final Exam Guide NEW An employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time is: a. Contractor; b. De Facto Employment; c. At-Will Employment; d. None of the Above. A test used to determine employee status which considers the right or ability to control the work: a. The Economic Factors Analysis b. The FLSA test c. The common law agency test d. The OSHA test Which of the following employees are covered by Title VII of the Civil Rights Act of 1964: a. Employees of employers not engaged in interstate commerce b. Non- US citizens employed outside the United States c. Employees of employers who have 15 or more employees d. Employees of religious institutions. Different types of laws include: a. Statutory Laws; b. Common Law; c. Administrative Law; d. All of the Above. If an employee is given no reasonable alternative but to terminate the employment relationship, its referred to as a: a. De Facto Discharge; b. Constructive Discharge; c. Voluntary Termination; d. None of the above. The Civil Rights Act of 1991 added _________ to Title VII of the Civil Rights Act of 1964: a. Judicial Review b. EEOC c. Antiretaliation provisions d. Jury trials __________discrimination is not protected under Title VII: a. Race b. Religion c. Age d. Gender If a case is filed with the Equal Opportunity Employment Commission (EEOC), the parties may be involved in a: a. Mediation; b. Conciliation; c. Investigation; d. All of the above. The imposition of liability on one party for the wrongs of another: a. Vicarious Liability; b. Ratification; c. Implied Covenant of Good Faith and Fair Dealing; d. None of the above. Which of the following is a judicial requirement for an affirmative action plan? a. It is inflexible and immediate in its approach. b. It is used to address a conspicuous imbalance in traditionally segregated job categories c. It is a permanent plan. d. It is used to maintain status quo Under the Privacy Act of 1974 a. An employee can seek both civil and criminal remedies for violations of the act by private sector employers b. An employee can seek both civil and criminal remedies for violation of the act by private sector employers and government sector employer c. An employee can seek both civil and criminal remedies for violations of the act by government sector employers d. An employee is barred from criminal remedies unless he can demonstrate interference with the orderly functioning of the government One way to prove a Title VII case of discrimination is: a. To show an employment practice while neutral on its face has a disparate impact on a protected class; b. To show an employment practice is negligent; c. To show an employment practice is illegal; d. None of the above Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate on the basis of an employees: a. Race; b. Color; c. Sex; d. All of the above Which of the following laws relates to labor unions? a. National Labor Relations Law b. Taft-Hartley Act c. Landrum-Griffin Act d. All of the above A variety of procedures for the resolution of disputes which are alternative to court adjudication are called: a. full jury trial; b. alternative mediation procedure; c. alternative dispute resolution; d. alternative conciliation procedure. The Fair Labor Standards Act provides rules that apply to: a. wrongful discharge; b. discrimination; c. overtime law; d. none of the above. Title VII applies to: a. employers; b. union; c. joint labor and management committees; d. all of the above. Which of the following is a defense to a claim of age discrimination? a. Age is a BFOQ; b. The claimant is 41 years old; c. Younger employees have traditionally performed better in the position d. The employer is not a governmental agency. This law requires an employer to provide a safe workplace a. FMLA; b. FLSA; c. ERISA; d. OSHA Title VII prohibits discrimination on the basis of affinity orientation: a. True b. False Under the Americans with Disability Act (ADA), employers are required to provide employees with all requested accommodations. a. True; b. False ACatholic Church would not befound liable in a Title VII action if the Church only hiredteachers for Sunday school whopracticed Catholicism? a. True; b. False Affirmative action requires that an employer establish and implement a quota system? a. True; b. False A Bona Fide Occupational Qualification (BFOQ) would be a legitimate defense to a discrimination claim based on an employees race? a. True b. False If an employer acts reasonably to accommodate a religious conflict, then it has not violated Title VII. a. True; b. False TERM 2 MGT 434 Week 1 EEOC Complaint Process NEW DEFINITION 2 MGT 434 Week 1 EEOC Complaint Process NEW Search the following key terms: discrimination complaint process, litigation process, mediation process, and dispute resolution. John identifies as a Hispanic employee in a private sector organization. He is regularly called an idiot by his supervisor. The supervisor has hardly ever called non-Hispanic employees derogatory names. Finally, the supervisor starts calling John an inflammatory name that is known to be derogatory to Hispanics. John now finds his work environment intolerable though his supervisor has no intention to demote or fire John for any reason. John, however, wants to file a discrimination complaint against his employer. He went to his HR department first, but was dissatisfied with their lack of help. Prepare a 700- to 1,050-word paper written in the third person voice in which you analyze and explain the discrimination complaint and civil litigation process as it would potentially apply to John and his employer. What are the elements of a hostile work environment harassment claim? Can John potentially satisfy the elements of a hostile work environment harassment claim? Does his employer have any defense for the supervisors conduct? Identify whether John can make a prima facie case of hostile work environment by identifying the elements required to bring a cause of action for discrimination. Explain how the complaint process begins with the Equal Employment Opportunity Commission (EEOC) and proceeds with a right-to-sue letter through the civil litigation process from the state level up to the U. S. Supreme Court. Include a discussion on Title VII of the Civil Rights Act of 1964 and other relevant aspects addressing discrimination complaints and disputes in the workplace. Format your paper consistent with APA guidelines, including using headings to appropriately signal topics to keep your document organized. Use a minimum of three different in-text citation sources within your paper, and properly identify them in your References page. Any laws and legal cases used in the body of your paper must also be included in the References page. Click the Assignment Files tab to submit your assignment. TERM 3 MGT 434 Week 2 Assignment Ada Accommodation For Medical Marijuana NEW DEFINITION 3 MGT 434 Week 2 Assignment Ada Accommodation For Medical Marijuana NEW Resource: ADA Accommodation for Medical Marijuana Case Study, Marijuana in the Workplace: A Hazy Issue for Employers By Rachel E. Atterberry 9/18/2015, and Mass: First Workplace Medical Marijuana Lawsuit Filed By Joanne Deschenaux 9/21/2015 Research online law libraries and the Internet for sources concerning information on ADA, ADAAA, state, and federal medical marijuana laws, privacy for drug testing, as well as drug testing in the workplace. Discuss the case study in a written report - including all its relevant topics - and include the following: Describe whether the requirements of disability eligibility under ADA and ADAAA are applicable in this circumstance, and discuss whether or not the woman has any valid claim and is entitled to any accommodation. Support your position using federal and state laws or statutes, including any legal cases on the matter. Evaluate whether or not the company has a valid defense. Support your position using federal or state laws or statutes, and include any legal cases on the matter. Analyze whether a reasonable accommodation is appropriate or inappropriate. Cite a minimum of two federal laws and one state law in addition to other sources that apply to this case study, and be sure to cite them correctly in the body of your paper as well as the References page. Recommend a conflict resolution process that can be used to solve the matter and avoid a lawsuit. Write a 1,050- to 1,400-word report in the third-person voice. Format your paper consistent with APA guidelines, and include headings to appropriately signal topics and keep your document organized. Use a minimum of five different in-text citation sources within your paper, and properly identify them in your References page. Any laws and legal cases used in the body of your paper must also be included in the References page. Click the Assignment Files tab to submit your assignment. Note: Grades are awarded based upon individual contributions to the Learning Team assignment. Each Learning Team member receives a grade based upon his/her contributions to the team assignment. Not all students may receive the same grade for the team assignment. TERM 4 MGT 434 Week 2 Pregnancy Discrimination Act & FMLA Discrimination (word file and Video Link) NEW DEFINITION 4 MGT 434 Week 2 Pregnancy Discrimination Act & FMLA Discrimination (word file and Video Link) NEW Skyline Preparatory High for Girls is an elite prep scho l with 47 faculty and staff m mbers on the payroll. Jamie Davis, a two-year English instructor, becomes pregnant. She is not married. She is a slim woman who i no showing visible signs of preg ncy and has not told the school administrators of her pregnancy. In her sixth month of pregnancy she develops pre-eclampsia, necessitating hat she go on pregna y leave imm iately. Davis requ sts medical leave due to her pregnancy and ap lies for FMLA, believing that s e is ligible (and because she desires to care for her baby after the baby is born). Skyline Preps Headmaster, Doris Jones, tells Davis that she must resign because she would be setting a poor exa e fo the students. Davis refuses, and now Doris Jones wants to termin te h r. You are an attorney located at a New York City law firm that specializ s in employment law. Doris Jones has conta ted you for confidential legal advice, fearing that she may expose the school to li bili y. What advice would you give to Skyline Preps Head aster, D ris Jones? How would you advise her to proceed? Research the laws and leg l cases on the Pregnancy Discrimin tion Act and the Family Medical Leave ct using online law libraries or other Internet sources of your choice. Research the Internet for sources n how to make simple video on your cell phone or computer if you are not already familiar with how to make one. Imagine that ou are speaking with Doris Jones via video chat or video conferencing. Produce a video of no more than five minutes that addresses the f llowing with Doris Jones: Explain the major c mponents of both the Preg ancy Discrimination A (PDA) and Family Medical Leave Act (FMLA). Discuss whet er or not Davis is protected under the PDA. Discuss whether or not Davis is eligible for FMLA. Evaluate he actions of the school in this ituation. In a positive nd profes ional way, explain to Doris Jones what the school should do to p event an adverse situation from occurring. As an attorney, what actions would you recommend that Doris Jones take to resolv this situation? Discuss this in the v deo. Conclude the video with professional closing remarks. Consider the organizational culture, HR traini g, company policies and procedures, and strat gic steps that s ould be addressed in your response. Test your video to ensure that TERM 5 MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW DEFINITION 5 MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals due to the negligent driving of one of its employees, stating the following: A person injured by someone driving a car in the course of employment may sue not only the driver but that drivers employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment. Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer liable for its own negligence in choosing an employee to drive a vehicle. Write a 700- to 1,050-word paper, written in the third-person voice, that addresses the following: Explore types of principal-agency relationships and determine what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC. What course of action do you recommend with respect to the lawsuit and Carcamos TERM 6 MGT 434 Week 4 Assignment Training Workshop on Affirmative Action Paper NEW DEFINITION 6 MGT 434 Week 4 Assignment Training Workshop on Affirmative Action Paper NEW Review applicable laws affecting affirmative action Discuss the role a Human Resource manager plays in implementing affirmative action plans. Explain the requirements for putting together an Affirmative Action Plan. Explain the requirements for putting together an Affirmative Action Plan (AAP). Include a discussion on mandatory and non-mandatory issues. APA Formatting and Editing, Introduction and Conclusion. TERM 7 MGT 434 Week 4 Assignment Training Workshop on Affirmative Action Presentation NEW DEFINITION 7 MGT 434 Week 4 Assignment Training Workshop on Affirmative Action Presentation NEW Review applicable laws affecting affirmative action Discuss the role a Human Resource manager plays in implementing affirmative action plans. Explain the requirements for putting together an Affirmative Action Plan. Explain the requirements for putting together an Affirmative Action Plan (AAP). Include a discussion on mandatory and non-mandatory issues. APA Formatting and Editing, Introduction and Conclusion. TERM 8 MGT 434 Week 4 Signature Assignment Employee Conduct, Termination and Progressive Discipline NEW DEFINITION 8 MGT 434 Week 4 Signature Assignment Employee Conduct, Termination and Progressive Discipline NEW This signature assignment is designed to align with specific program student learning outcomes in your program. Program Student Learning Outcomes are broad statements that describe what students should know and be able to do upon completion of their degree. The signature assignments may be graded with an automated rubric that allows the University to collect data that can be aggregated across a location or college/school and used for program improvements. Resource: Avery Foster v. Federal Express Corp., 2006 U.S. Dist. LEXIS 53779 (E. Dist. Ct. MI) The issue in the case is whether the company's employment handbook created an implied contract. Avery Foster was terminated for falsifying an employee timecard. He argued that he was told in his initial interview that he would be guaranteed employment at Federal Express as long as he was a good worker and was protected from "just cause" termination. The court found there was good cause to terminate Avery Foster and that the handbook did not create an implied contract of guaranteed employment. Progressive discipline is an employee disciplinary process that provides a graduated and measured range of responses to employee performance or conduct issues. Critical thinking consideration: Short of termination, could progressive discipline have been effective in this matter? Given the circumstances and issues that arose in the Avery Foster case, create the following: Design a Progressive Discipline Policy that would be appropriate for most organizations to follow, with consideration to the following measures: Identify the discipline issues to be addressed: attendance, performance, conduct, or a single broad category of non-performance. Determine whether or not the provisions of the policy should permit the company to modify and/or apply the policy in any manner it deems appropriate under the circumstances, including acceleration of steps, exclusion of steps, or repetition of steps. Assess when a supervisor may act independently or needs to seek upper management approval. Explain instructions on when to involve Human Resources. Clarify the role of Human Resources to advise or approve disciplinary action. Determine when a witness should be present. Outline the different sequences and progressive levels of discipline that an employee can receive. Develop rules regarding merit increases in relation to disciplinary action. Write the policy in the third-person in no more than 1,400 words. Use headings that appropriately signal the steps and keep your policy organized. Use a minimum of three different research resources, and identify all sources in your Reference page. Click the Assignment Files tab to submit your assignment. TERM 9 MGT 434 Week 5 Understanding Labor Practices NEW DEFINITION 9 MGT 434 Week 5 Understanding Labor Practice NEW Resource: Und rstanding Labor Practices Worksheet Assess each unfair labor p actice using the Understanding Labor Practices worksheet. Determine the labor law and particular pr vision(s) applicable to the situation. Click the Assignment Files tab to submit your assignment. Unders anding Labor Pr ctices Labor laws: Nati nal Labor Relations Act (NLRA) (Wagner Act) Norris-LaGuardia A t Labor Management Relations Act (Taft-Hartley Act) Labor Management Repo t ng and Disclosu e Act (Landrum-G iffin Act) Select the applicable federal law( ) from the labor laws abov and ts respective provision(s) ffecting each labor practice ssue. Save and submit to the Assignments tab. TERM 10 MGT 434 Week 5 Union Organizing Case Study (2 Papers) NEW DEFINITION 10 MGT 434 Week 5 Union Organizing Case Study (2 Papers) NEW Research labor laws and legal cases on union organization in parking lots using online law libraries or other Internet sources. Using the IRAC method (Issue, Rule, Analysis, Conclusion) of legal case analysis, analyze the case study by identifying the applicable rule of law(s) relevant to the case. Explain whether or not the store owner may prohibit nonemployee union organizers from distributing leaflets in a shopping mall parking lot owned by the store owner. Others - ? Explain whether or not the storeowner may prohibit nonemployee union organizers from distributing leaflets in a shopping mall parking lot owned by the storeowner. Introduction and Analyze the case facts against the laws you have identified, and then give a conclusion as to what the result should be and which party should win the case. Assist with APA Formatting and Editing.