MGT 434 Entire Course Flashcards
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UOP MGT 434 Final Exam Guide NEW
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Take a final exam.
MGT 434 Final Examination
Welcome to the MGT434, Employment Law, final exam. You are to answer 5 of the following 9 questions with responses of at least 200 words and post your final exam to the Assignments link.
Jenner began working for Encyclopedia Britannica as a part-times sales representative in 1983. Her position required selling Encyclopedia Britannica’s educational products. Until 1995, she worked as a part-times sales representative and then a district manager for Encyclopedia Britannica. In 1995, Encyclopedia Britannica decided to separate the parent division from the school and library division and reorganize its sales force by “outsourcing:” contracting with individual “regional directors” who would in turn contract with individual sales representatives. The same people who had worked for Encyclopedia Britannica under the previous arrangement filled many of the positions under the new structure, in which branch managers became separately incorporated regional directors and district managers while sales representatives took positions with the newly formed companies.
Jenner signed a contract with Lee, a former Encyclopedia Britannica branch manager who had formed her own corporation and gathered a sales force comprised largely of former Encyclopedia Britannica sales representatives. Jenner eventually became a territory coordinator, a position slightly above sales representative but still reporting to Lee. In 1998, Jenner was told that she was losing her territory and would no longer be selling Encyclopedia Britannica products. Jenner sued Encyclopedia Britannica, claiming that the loss of her territory was effectively a termination. Was her suit successful, i.e., was Jenner an employee or an independent contractor? Why?
During the interview Gale had with Leslie Accounting Firm, Gale was asked whether she had any children, whether she planned to have any more children, to what church she belonged and what her husband did for a living. Are these questions illegal? Why or why not?
An over-forty employee of the New York Transit Authority is denied a promotion to station supervisor after he refuses to submit to an electrocardiogram (EKG) as part of a physical. The NYTA required the physical, and therefore the EKG’s, for all supervisory position candidates who were under forty and who had problematic medical histories, as well all candidates over forty. The NYTA contended that the examination and test were necessary because of the physical demands of the position. It also argued that people over forty have an increased risk of heart disease, hence the EKG requirement. How would you determine whether this employee should be required to undergo the test?
Dave comes into the office and says to Sue: “Good morning! You look great today! Oops, I’d better not say that. That’s sexual harassment.” Is Dave correct? Explain.
At the end of all her written communications, an employee writes, “have a blessed day.” One of employer’s most important clients requests that employee not do so, and employer asks employee to stop. Employee refuses, saying it is a part of her religion. If employee sues the employer for religious discrimination, then is she likely to win? Why or why not?
Betsy was an employee in a bank’s Demand Services Department. She suffered from dysthymia, a form of depression, along with phobia and bouts of more intense depression. Over several years, she was absent from work on a relatively frequent basis. The employer discharged her after continuing absences following two periods of probation for absences from work. She was discharged the day after she had called in that she would be absent because of “depression again.” Should Betsy’s condition be considered a “disability?” If so, what, if any, accommodations could have been made for Betsy? Do you believe her discharge violates the ADA?
Answer two of the following questions:
Can race or gender be the only factor in an employment decision?
If race or gender can be the only factor in an employment decision, how long can it be a factor?
What is the difference between an affirmative action goal and a quota, or is there one?
What is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?
Michael Jamison was a police officer with the City of Jamesville, Missouri Police Department. After working there for four years, he was appointed Jamesville’s Acting Chief of Police. One year later, Smith was appointed Mayor and Robinson succeeded Jamison as Permanent Chief of Police. Jamison and Smith did not have a good relationship; Smith instituted disciplinary proceedings against him and fired him on several occasions (but the Jamesville Board overturned the decisions each time). After Smith heard a rumor that Jamison was associating with a reputed drug dealer, she ordered that Jamison undergo urinalysis testing and told him that failure to comply would result in serious disciplinary actions. The Order requiring the testing stated that Smith understood this rumor to mean that Jamison was involved in “some type of illegal drug use and/or abuse.” Jamison complied with her order and all tests were found to be negative. However, Smith’s Order remained in Jamison’s personnel file. When he later left the Department and sought work elsewhere, Jamison was unable to find employment as a result of this Order in his file. Jamison filed suit claiming damages as a result of the City’s wrongful and vengeful testing program. Will he win? Why or why not?
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UOP MGT 434 Week 1 EEOC Complaint Process NEW
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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 supervisor’s 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.
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UOP MGT 434 Week 5 Union Organizing Case Study (2 Papers) NEW
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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.
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UOP MGT 434 Week 5 Understanding Labor Practices NEW
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Resource: Understanding Labor Practices Worksheet
Assess each unfair labor practice using the Understanding Labor Practices worksheet.
Determine the labor law and particular provision(s) applicable to the situation.
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Understanding Labor Practices
Labor laws:
National Labor Relations Act (NLRA) (Wagner Act)
Norris-LaGuardia Act
Labor Management Relations Act (Taft-Hartley Act)
Labor Management Reporting and Disclosure Act (Landrum-Griffin Act)
Select the applicable federal law(s) from the labor laws above and its respective provision(s) affecting each labor practice issue.
Save and submit to the Assignments tab.
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UOP MGT 434 Week 4 Signature Assignment Employee Conduct, Termination and Progressive Discipline NEW
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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.
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UOP MGT 434 Week 4 Assignment Training Workshop on Affirmative Action Paper NEW
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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.
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UOP MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW
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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 driver’s 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 Carcamo’s employment?
§ Does Sugar Transport’s Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated.
Include justification for your responses by citing applicable laws and/or legal cases in your discussion.
Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.
Use a minimum of three different sources within the paper in addition to the laws and legal cases required above, and provide in-text citations. 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 FROM DINA: If it better suits your learning style, you may submit a 10-12 slide power point, with Speaker’s Notes and APA-formatted references and citations. Your presentation must include a cover sheet slide and a References slide, if you choose this option.
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UOP MGT 434 Week 2 Assignment Ada Accommodation For Medical Marijuana NEW
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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.
