Hrm 593 employment law entire course

HRM 593 Employment Law Entire Course
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HRM 593 Employment Law Entire Course
week 1
Scenario Summary
Karen is a human resources consultantata local utility. Originally, the work requested was projectbased.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 salaryof $10,000 per month.Karen has received a 1099 for her wages over the
pastfive years, but has not received a W-2. Karen was notoffered any benefits,butwhen she was hired,she did not
need them,as she was happilymarried.However, Karen’s husband recentlypassed awayand she asked Cynthia
aboutreceiving benefits.Cynthia has denied Karen’s request.Karen’s title,when she started,was Human Resources
Temporary, but her new title evolved into Human Resources Consultantto be more consistentwith others in the
departmentwho 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 clientfor an approximately40-hour projecttwo years
ago, and she currently has another clientthat keeps her on a retainer basis.
Since she was denied benefits,Karen has contacted the IRS to ask them to determine her status.
Your Assignment
Key Players
Cynthia is the human resources manager atABC Utility, as well as Karen’s supervisor.
Karen is an individual who has been working at ABC Utility. You will look at her employmentrelationship to determine
if she is an employee or an independentcontractor.You decide!
You Decide Activity
Your role is to decide if Karen is an independentcontractor or an employee.
After reading this,please return to the Week 1 Discussion area,and answer the firsttwo questions there about
Karen. Your instructor will return with further questions throughoutthe week.
Note
HRM 593 Homework 2
As noted in the EEOC tutorial (located in this week’s lecture), candidates for the Director of HR position ofthe newly
merged company,ZAB, are being asked to prepare a presentation aboutTitle VII, as it pertains specificallyto
disparate impactand disparate treatmentpolicies thatshould be implemented to avoid liability for potential Title VII
violations.Do research to prepare for your presentation,and write a brief setof answers to the following questions:
 the difference between a disparate impactand a disparate treatmentclaim;
 the complaintprocedure for a disparate impactand a disparate treatmentclaim as itpertains to the EEOC;

 the defenses available to the companyshould a disparate impactclaim and/or a disparate treatmentclaim be lodged
againstZAB; and
 suggestions for avoiding potential EEOC claims and complaints.
Your assignmentshould be between 500-750 words in length.You mustalso properlycite your sources using APA
format.
Submityour assignmentto the Dropbox, located at the top of this page. For instructions on how to use the Dropbox,
read these .equella.ecollege.com/file/8ff9f27a-3772-48cf-9855-4bec4e6706bf/1/Dropbox.html”>step-by-step
instructions.
See the Syllabus section “Due Dates for Assignments & Exams” for due date information.
HRM 593 Homework 3
Review the Sexual Harassmenttutorial,which is found in the lecture.After viewing the Sexual Harassmenttutorial,
completing the reading,and reviewing the lecture notes in conjunction with the TCO, answer the following questions
aboutthe tutorial scenario and facts.
 Based upon the scenario,does the employee have a legallyviable claim for quid pro quo sexual harassmentand/or
hostile environmentsexual harassment? Whatis the likely outcome?
 Analyze the legal factors for the potential claim(s) in the context of the employee pursuing legal action againstthe
employer.
 Let’s shiftgears.Using the same scenario,assume thatyou are in the HR Departmentofyour organization,and that
you were justpresented with the scenario as an example used to explore policies and procedures thatwill avoid
sexual harassmentliability.Your boss has asked you to make preliminarysuggestions (which will be presented to the
legal counsel) regarding sexual harassmentprotocol thatwill avoid potential liability.What would your top five
suggestions be and why?
Your assignmentshould be between 500-750 words in length.You mustalso properlycite your sources using APA
format.
instructions.
HRM 593 Homework 5
After viewing the tutorial located in this week’s Lecture tab, complete the reading and review the Lecture 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, whatreasonable accommodations would you offer to her?
 From an ADA policy standpoint,whatwould your ideal be in terms of an employer ADAAA policy? What would your
ideal be as to whatthe employee (Karina) should be told by the HR Departmentin regards to her rights and
obligations pursuantto the ADAAA? From the employer policy perspective,focus on identification ofreasonable
accommodation requirements under applicable law,application ofthe legal requirements for this scenario,
determinations as to whether reasonable accommodations can be made,and steps thatcan be taken to make
specific accommodations ifrequested.
Your assignmentshould be between 500-750 words.Properlycite your sources using APA format.

instructions.
See the Syllabus section “Due Dates for Assign
HRM 593 Homework 6
After viewing the FLSA tutorial located in this week’s lecture,complete the reading and review the lecture notes in
conjunction with the TCO. Address the following statements relating to FLSA.
 Determine whether or not the employee has a potential FLSA claim.
 Explain the legal basis for your conclusion.
 From an HR perspective,list,explain, and analyze five things that an employer can do to ensure compliance with
FLSA and avoid claims.
Your assignmentshould be between 500-750 words.You mustalso properlycite your sources using APA format.
instructions.
devry hrm593 week 4 Midterm Exam
1. 1. Question : (TCO B) DePeters,Co. is sued for sex discrimination on the grounds thattoo few women are hired
because fewer women than men achieve passing scores on a required manual dexterityand physical strength test.
DePeters,Co. offers in its defense that even though fewer women score high enough on the test, a greater
percentage of the passing women are hired.The companymaintains that,as a result,the percentage of women in
the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and
failed file suit.Explain the basis for the cause ofaction, and analyze the merits ofthe cause of action, employer
defenses,and likelyoutcome.Supportyour response with applicable law.
Question 2. Question : (TCO H) Myrna, a waitress,complains to her boss thatSimon,a frequent customer,has been
engaging in whatshe considers to be sexuallyharassing behavior.Myrna details Simon’s actions to her boss,
requests thatSimon be asked to stop,and that she notbe required to waiton him in the future. Myrna’s boss,Mickey,
the restaurantowner,says he will look into the matter.Wishing to not upsetone of his bestcustomers,Mickey puts
the matter off for a few weeks,and when he eventually does getaround to dealing with it, he tells Simon only that he
should go a little easier on Myrna. Mickey does nothing aboutMyrna’s requestto be relieved of any obligations to
wait on Simon.There are three waitresses and waiters in the restaurantatall times:two females (Myrna and Brianna)
and one male (Myron). Myron and Myrna are constantlydropping trays with food items.Myron has been late to work
on several occasions.Myrna is very argumentative with customers.Myrna was fired. Is Mickey in any danger in terms
of legal implications? Ifso,what potential causes ofaction exist for Myrna and what are the likely outcomes? From a
companystandpoint,whatmeasures should have been taken by the companyto prevent such claims?

Question 3. Question : (TCO A) Emmanuel & Peterson is an extremelybusy law firm specializing in litigation. In order
to keep up with the workload,the firm refuses to hire anyone as a secretary who is unable to type at least65 words
per minute.As a result,there are no male secretaries working for the firm. A group of male applicants files litigation
that challenges this policy.Explain the legal basis for the suit,the likelihood ofprevailing in the cause of action, and
the defenses available to the firm.
HRM 593 week 1 Employment-at-Will Exceptions and Liability (graded)
Review the 10 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,prepare a detailed response for one of the ten scenarios,
explaining your conclusion regarding whether the scenario constitutes a violation ofpublic policy or a breach of a
covenant of good faith and fair dealing.Supportyour conclusion with legal analysis and reasoning.Explain whether
any of the scenarios give rise to potential employer liabilityand what steps should have been taken to avoid the
exposure.Then, commentand expand on the posts ofthe other class members.Your instructor will respond with
more ideas for discussion throughoutthe week.
HRM 593 week 2 Recruitment of Employees (graded)
Let’s begin our discussion on recruitmentby using a fact pattern from a litigated case.Cone Mills Corporation had
several recruiting procedures thatgave preferential treatmentto applicants who either had familymembers or friends
working for the company.One of these procedures was to give priority to applicants who had familymembers
employed by the company. The other procedure entailed having an unwritten policy that walk-in applicants had to
have renewed every two weeks.This created a situation where onlythose walk-in applicants who had friends or
family in the companywould renew their applications because theywould be the only ones informed ofthe informal
rule, which was notpresented in any manual or policy. These recruiting procedures were challenged as bein g
discriminatorytowards blacks in general,especiallyblack women,because the informal network responsible for
recruiting new employees was unavailable to them.The companyclaimed thatthe procedures were notdesignated to
be discriminatory,butrather, to create a loyal familyatmosphere within 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 recruitmenttechnique? Whatspecific restrictions does Title VII place on an employer’s abilityto recruit and
hire? As part of this discussion,refer to the cases ofEEOC v. Chicago Miniature Lamp Works and EEOC v.
Consolidated Service System in Chapter 4. This section lists options thatcan be used to view responses.
HRM 593 week 3 Sexual Harassment and the Law (graded)
What have sexual harassmentlaws accomplished in the workplace? Have the advances in sexual harassmentlaw
resulted in women being denied meaningful access to senior managementmentors,who are mostoften male? Does
every civil rights gain in the workplace also carry with it an unintended cost? week 4 Age Discrimination and the
Workforce (graded) Baby boomers typically possess more work experience and are older than the next generation.
Does an employer have the right to refuse to hire candidates who are overqualified,such as babyboomers?
Substantiate your response.

HRM 593 week 5 ADA Protections (graded)
On September 25,2008, PresidentBush signed the ADA Amendments Act of 2008 (ADAAA) into law, overturning a
series ofdecisions bythe U.S. Supreme Courtunder the Americans with Disabilities Act (ADA) and expanding the
scope of medical conditions protected bythe law. What do these changes mean for employers and employees in
conjunction with protection againstdiscrimination based on disabilityin the workplace? What will employers need to
do to comply?
HRM 593 week 6 FLSA (graded)
College sophomore,Suzy Smart, works part-time in the Handi Mart convenience store near campus.The store
manager requires thateach clerk arrives 15 minutes prior to the start of the shiftso that the clerk going off-duty can
review the sales figures and cash status with replacements before leaving.The clerk going off-duty punches the
timecard after this review, but the incoming clerk is notallowed to punch in until the review is completed and they
have agreed that the sales and cash figures are accurate.Sometimes,this exercise takes more than 15 minutes,and
no matter how long it takes,the clerk coming on-dutymay not punch the timecard and start earning wages until the
process is completed.Suzy, who completed a course on labor and employmentlaw,realizes that the store manager
is violating the FLSA by not allowing the incoming clerk to punch the time clock upon arrival. She brings this issue up
with the store manager,who tells her that Handi Mart’s parentcorporation does notallow the store to compensate
two clerks for the same period oftime,no matter how brief, since this is classified bythe corporation as a single
coverage store.Furthermore,he adds ominously,if Suzy complains to the Wage and Hour Division of the DOL, he
will probablybe forced by the companyto lay Suzy off, along with other part-timers,and cover the store himselffor
the evening shifts.He states,“You may get everyone a few dollars in back pay, but you’ll also costeverybody their
jobs.Remember,some ofyour co-workers are single parents who need this extra income to make ends meet.” Has
the store manager violated FLSA? Explain? Explain how you would address this scenario as an HR professional.
HRM 593 week 7
EmploymentLaw in Action (graded) Retaliation has been the number one filed EEOC complaintnow since 2010,
surpassing racial and sexual harassmentand discrimination for the first time then, and since then. Often, disciplinary
actions resultin EEOC filings.Discipline is an area of Human Resources thatcan certainly create the potential for
legal liabilityfor employers.What are some good guidelines to follow? Whatare some pitfalls to avoid? How might
valid policies be structured and investigations be handled to ensure thatretaliation complaints do notresultfrom
disciplinaryactions? This section lists options thatcan be used to view responses.
HRM 593 Employment Law Final Exam
1.(TCO A) Alice Jones was employed as a clerk-typistby a company. She requested and was refused a vacation
day. The employer’s refusal was based on her failure to submitthe requestat leasttwo weeks in advance as required
by companypolicy. She announced thatshe would take the day anyway, and when she subsequentlyfailed to report
for work, was fired for insubordination,plus the unexcused absence. Jones claimed thatthe company’s real reason

for firing her was a complaintthatshe had made to her state’s departmentoflabor concerning elimination of
employee restbreaks.
Explain and evaluate the possible causes ofaction available to Jones,and identify and explain the possible defenses
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 streetphrases and slang in an effort to attract
Hispanic listeners and increase the station’s audience. After reviewing the ratings,the station manager concluded
that the use of Spanish on the air actually decreased the station audience,because itconfused listeners as to the
nature of the programming,the rest of which was in English.Jaro was then instructed to broadcastin only
English.Jaro continued to use Spanish while on the air and was ultimatelyfired. He filed a complaintalleging Title VII
violations based on national origin discrimination.Explain and analyze the basis for Jaro’s Title VII complaint,and
whether it would resultin liability on the part of the station.Determine the remedies available to Jaro, if any. Use case
law to supportyour analysis and conclusion. (Points :30)
3.(TCO C) John worked for Acme as a senior analyst. He suffered a heartattack and took medical leave from his
job. Prior to the heartattack, his supervisor opened a locked drawer in his work desk and found prescripti on drugs
that were not prescribed to John. The supervisor thoughtthat John had been acting a bit strangely, but decided that
he would confronthim aboutit later. The supervisor did notconfrontJohn before the heart attack.
After six months,John returned to work on a part-time basis. John worked reduced hours for the next year. Acme
was forced to reduce its workforce to cut costs.Acme conducted a performance appraisal ofall managerial
employees and discharged those with the lowestperformance ratings. John,because ofhis part-time status,had
one of the lowestperformance ratings. The companydid not look at performance pro-rata based on hours
worked.John sued and alleged thathe was wrongfullyterminated in violation of the ADA. John alleged thathis
termination was a resultofhis disability.Identify and analyze the potential claims and defenses.Utilize case law to
supportyour responses and conclusions. (Points :30)
4.(TCO D) A house-moving companywas 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 the companyviolated OSHA’s general
duty clause,or if this was merelyan unfortunate accident. Assuming thatpassing close to the wires was unavoidable,
identify the steps that the companymighthave taken to avoid the tragedy. (Points : 30)
5.(TCO E) Julie is a fruit picker and has worked for the same companyfor three years. Between April and 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, the
workers were required to work a minimum of55 hours per week. The workers were not paid overtime for the hours
worked in excess of 40.
Identify and analyze the possible claims thatJulie has againsther employer.Identify and evaluate the legal basis for
the claim,the potential recovery, and the likelihood ofprevailing againsther employer. (Points : 30)
6.(TCO F) The trustee of an ERISA-qualified plan,and also a participantin the plan,denied a discretionarypayment
of a lump-sum accrued benefitto a participantwho had terminated his employment. The participantsues,claiming
the denial of the discretionarypaymentis self-dealing. Determine whether the participantwill prevail.Articulate the
basis for your conclusion,using applicable case law and statutoryauthority. (Points : 30)

7.(TCO G) A hiring manager did notproperlyverify I9 documentation for a new employee.In fact, the new hire’s
social securitycard was a forgery, and the INS assessed a fine against the employer claiming thatit knew or should
have known that the card was false. Determine whether this companyis liable under the IRCA. Identify and integrate
applicable law and statutoryauthority 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 system thatsaved the firm $13,000 per month,negotiated leases to lower rental payments by
$43,000,lowered clientdisbursementcosts by$200,000,and reduced overtime costs by $40,000. The firm’s partners
gave him a performance evaluation,stating thatthey 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 thathe had
multiple sclerosis. After his diagnosis,he informed his firm and requested thatthe firm meetwith his doctors to
determine whatmeasures could be taken to accommodate his condition.One partner had one briefmeeting with one
doctor, who suggested the firm limitthe amountof walking that Black was required to do. The firm made no effort to
limitBlack’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 ifhe was tired, so he would not
wear himselfoutand become ineffective.
In January 1994, Black was terminated because his condition affected his performance and the firm claimed thathis
thinking was “notas 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 thathe was “unable to work long hours in a stressful job”
and ”needed a flexible work schedule.” He then worked as a consultantand enrolled in a graduate program ata local
university. Black broughta lawsuitagainstthe firm under the Americans with Disabilities Act. The firm argued that
Black was precluded from bringing suitbecause he accepted disabilitybenefits. Explain how the Courtshould rule on
Black’s claim. Determine whether Black has made a case under the Americans with Disabilities Act. Assess whether
Black can pursue an ADA claim notwithstanding accepting disabilitybenefits. (Points : 35)

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