Module 6 Questions
Employment Laws and Regulations
Introduction:
This is question sheet is about applying what we have learned in class to the “real world” of business. It is comprehensive and will cover all chapters of the book and lectures. Everything is covered in the book, so you DO NOT need to use any outside sources.
Assignment:
Answer the following questions on a SEPARATE document. Please submit your answers with corresponding numbers so I can easily follow which answers you submitting. Some of the questions have multiple questions; you must answer ALL of the questions to get full credit. You may receive partial credit for incorrect answers if you properly analyze the issue.
Some of the answers can be answered with just a short sentence, or even just a few words. Some of them will require more substantial analysis and thought. PLEASE use your best judgment.
Short Answer
- What are the protected classes under Title VII of the Civil Rights Act of 1964?
- What is the difference between direct evidence and circumstantial evidence, and why does this matter?
- You feel like you have been discriminated against in the workplace and you file a complaint with the local EEOC office. You are given a right to sue letter and you then file in District Court. You are able to show a prima facie case of discrimination and then the employer defends the case by articulating a legitimate reason for the adverse action against you. What happens next under the McDonnell Douglas burden-shifting and what must you now prove? How can you do that?
- What is the difference between disparate treatment and disparate impact? Explain a scenario where that may apply.
- What is a bona fide occupational qualification and when might it apply?
- Your best friend is being terminated at work for what you believe to be a discriminatory reason. You tell HR about this and word goes to your boss about your views. You are immediately put on probation for being 73 seconds late for your shift last Tuesday. Do you have a claim with the EEOC under Title VII? If so, why? What would you need to prove?
- Can an employer require all employees to speak English only whilst at work? If so, why? If not, are there some jobs which might be exceptions?
- Your religion (Scientology), requires you to attend the first possible showing of every new Tom Cruise movie to be released. You ask your boss for time off of work, two hours in the afternoon twice yearly, to fulfill this religious requirement. Is your boss required to accommodate you? Is Scientology a religion within the meaning of Title VII? What if you practiced Islam and needed 3 times off per day for 5 minutes each to pray? Does this make a difference?
- Your company has a policy that they pay women 5% less because on average, your company determines that 10% of their female workforce takes off 6 weeks every other year to have a child. Is this a reasonable argument? Which law if any would prevent them from doing so?
- The Gotham City Police Department requires all new police recruits to be at least 6 feet tall and be able to run 15 miles without stopping because they believe this is necessary to be able to keep up with Batman. Is this lawful? Is it sex discrimination, age discrimination, disability discrimination or all three? These rules do not apply to those who are already on the force.
- Your employer offers health coverage to those employed full time. For those under the age of 40, the company covers 100% of the premium, for those between 40-49 75% of the premium, and those over 50 receive 50% of their premium paid. Is this lawful? Why or why not? What if the company offered corner offices with a view for those employees who had been at the company for more than 20 years?
- Your employer tests all new employees for illicit drug use through urinalysis. Is this lawful? What if they also detected lawfully prescribed and used as directed medications? What if the medications showed that the individual was HIV positive? Could the employer make employment decisions based on this information?
- What if the employer tested for nicotine and refused to hire anyone who smoked? Would this be lawful?
- What benefit would it be to the employer to use independent contractors instead of employees? What would be the drawbacks?
- What test, or tests would you use to determine whether someone is an employee or independent contractor? Why does this matter? Who really cares about this?
- Could an employer use an IQ test to screen applicants? What potential problems might arise from this?
- What type of questions should an employer refrain from asking during the interview? (Be serious.)
- Is reviewing an applicant’s credit report a good idea or bad idea? What helpful information might you receive? What problems might this create?
- What could be wrong with precluding all applicants with felony convictions from working at your company? What is wrong with asking applicants about their arrests?
- What is the difference between an exempt employee and a non-exempt employee? What are the benefits to the employer with non-exempt employees? Drawbacks?
- What is the difference between a defined contribution plan and a defined benefit plan? Which would you rather have and why?
- What is the Family and Medical Leave Act and what does it require?
- Can your employer dock your pay if you are required to serve jury duty?
- What is the benefit to the employer in having a written progressive discipline policy? What are the potential problems with this?
- Under the employment-at-will doctrine, can your employer terminate you for your political beliefs? Do your First Amendment rights to free speech apply to a private employer?
- What is the difference between quid pro quo and hostile work environment sexual harassment? How do you prove a claim of hostile work environment harassment? Is it limited to only sexual harassment or are there other kinds as well?
- Define reasonable expectation of privacy.
- Can you employer place video cameras in the hallway at work? At your workspace? In the shared employee bathroom? What about audio? Are those rules different?
- Can your employer terminate you for drinking alcohol while you are on vacation in the Bahamas? Attending a political rally? Trying to organize a union? (All of these are off-duty).
- What is a constructive discharge? Provide an example.
- Could your employer prevent you from working for a competitor after you are terminated? How and why would they do this?
