A cleaning agency provides services for a variety of residential and commercial clients on a regular basis. The agency selects, pays compensation including benefits, and withholds taxes from the cleaning workers.
Who is the employer?
A cleaning agency provides services for a variety of residential and commercial clients on a regular basis. The agency selects, pays compensation including benefits, and withholds taxes from the cleaning workers. The agency also provides the cleaning equipment and supplies to do the work as well as supervises the cleaners on the clients’ premises. One large client of the agency reserves the right to direct the cleaning workers on when, where, and how specifically to clean when on the client premises. They also do their own evaluation of the workers’ performances and regularly reports those to the cleaning agency along with requests to remove any workers they deem unsatisfactory. Because of this unusual level of client involvement, the agency rarely supervises or directs cleaning workers who service this client and instead instructs them to seek guidance and direction from the client for any cleaning instruction and concerns.
Are these cleaning workers employees or independent contractors?
Who is the principal or employer of the workers—the cleaning agency or the client?
HRM320 Employment Law
Module 2 Discussion
Help Wanted
Review the Help Wanted excerpt from the newspaper on the Library of Congress Website (Links to an external site.).
This ad is full of items that Title VII now prohibits as Title VII forbids employers from discriminating on the basis of race, color, religion, sex, or national origin in hiring and employment.
How would you feel if a job you wanted to apply for was off limits to you?
Think about the current world. Should Title VII protections be extended to protect other classes or groups of people in the modern world, and if so, who? Why or why not?
HRM320 Employment Law
Module 3 Discussion
Preppy Gear
Preppy Gear, Inc. (PG) is a retail clothing chain. PG markets itself to older teens and young adults with a look that is “sometimes preppy, always fly.” PG clothing is heavily branded with the PG logo and often attracts consumers that are very image conscious when it comes to their sense of dress and style. PG caters to this both in having a relatively high price point for its clothing and in running marketing and sales campaigns that play up the company’s distinctive image. To further support their corporate image, the company seeks to hire sales associates that are in their teens and 20s to work in public-facing sales associate positions at their stores. The company says that this is a business necessity in that people want to buy clothing from people who look good wearing that same clothing. Managers are told to look for employees who are attractive, well put together, and give off that good old American boy or girl next door look. PG clothing is for the popular kids, not for geeks, nerds, or weirdos.
The company advertises and hires for its retail sales associate positions widely and hires people from all racial and ethnic groups, as well as hires both men and women. However, almost all PG sales associates have the “PG look.” Last year, of those who applied for available positions, 45% of white applicants were hired, 42% of African American applicants were hired, 46% of Hispanic applicants were hired, 100% of Native American applicants were hired (only four applied), and 59% of Asian applicants were hired. Eighty percent of PG sales employees are women, but women are four times as likely to apply so both sexes are hired at about the same rate. Although PG does not have any policy regarding color or track such numbers officially, it’s apparent that virtually all of the African American sales associates are light skinned.
A position at the local PG store at the mall became open and the store advertised and received several applicants that very first day. Of the applicants, Kiki, a 21-year-old dark-skinned African American woman, was turned down for a sales associate position at PG despite having several years of experience as a sales associate at similar stores and strong references. Lita, a heavyset Latino woman was turned down as well for not having the “look” that PG is going for. Alison, a white woman who interviewed with a Goth style hair, makeup, and jewelry was also turned down for not having the “look.” All of these applicants had clean criminal records on their background checks.
Instead, PG hired Anna, a 19-year-old recent high school graduate and former cheerleader, who was eating food in the mall food court one day when she was approached by the store manager and was asked to interview. Anna buys PG clothing and likes “the look,” so she applied for the position that day and was hired despite not having any prior work experience. This same system is used to hire sales associates from all races and ethnic groups, men and women.
Is there a problem with this hiring practice? Why or why not?
HRM320 Employment Law
Module 4 Discussion
The Pregnant Professor
Abigail Adams was hired as an associate professor of economics at Heartland University. She was the first woman professor hired in the department. When she was hired, she was given the same 3-year time period as all other associate professors at Heartland University to establish herself as an academic through teaching ability, publishing multiple articles in peer-reviewed journals, and developing a rapport with colleagues in the department through committee participation and attendance at professional conferences. After 3 years, as was the custom, she would face a tenure vote and would either receive tenure and be promoted to full professor or be denied tenure and given 1 year to locate another position.
During the next 3 years, Professor Adams earned high marks in student reviews for her teaching ability and she published two peer-reviewed scholarly articles on economics. Her male peers in the Economics Department were enthusiastic regarding her teaching reviews, though less so about her publishing, because they all published multiple articles per year and expected her to do the same. In the second year of her appointment, Professor Adams became pregnant and reduced some of her nonclassroom professional commitments as her pregnancy advanced. She then took a 3-month leave after the birth of her child, time that was not included in the 3-year review period. Upon returning to work, Professor Adams resumed her previous level of professional activity.
Throughout the 3-year probation period, the Chair of the Economics Department, Professor Cratchett, as well as the majority of the other professors in the department complained about Professor Adams’ unwillingness to participate in their weekly discussion forum on economics and her “lack of commitment” to professional activities, including her failure to participate in several economics conferences held at various places around the world. Professor Adams complained that Professor Cratchett was unfriendly to her and preferred the company of the other men in the department. She also complained that many of these conferences occurred while she was pregnant (and could not fly) or while she was on maternity leave. She also claimed that her salary as Associate Professor was not commensurate with that of her male colleagues and that this resulted from the subjective determination of compensation and promotion in her department, a process controlled by her male colleagues.
After her 3-year probation, her colleagues in the Economics Department unanimously voted to deny her tenure. They advertised her position as open to new candidates and within a year had hired another woman, Professor Betsy Ross, to replace her.
Does Professor Adams have a claim for discrimination?
HRM320 Employment Law
Module 5 Discussion
Case Court Reporting
Religious Rowan worked for many years for a hotel restaurant as a waitstaff person. The restaurant had a family-style menu and was closed on Sundays. The restaurant was owned and operated by the hotel and primarily served a family oriented clientele. The restaurant was acquired by a national chain that changed the dynamic of the restaurant, making it into a bar and pub that was open 7 days per week.
Religious Rowan is a devout conservative churchgoer and does not believe in working on Sundays, because that is a time for church, nor does Rowan believe in the consumption of alcohol. Rowan told the new employers that due to religious beliefs, working any Sunday shifts and/or taking orders and serving alcohol to clients would be impossible.
The employer agreed that Rowan could always have Sundays off but insisted that Rowan get certified by the state to be able to sell alcohol as that was a new requirement of the waitstaff position. Rowan refused, and because there were always several other waitstaff personnel available that could take and serve alcohol orders, the restaurant said that was fine, because Rowan was otherwise an excellent employee.
Rowan was able to serve for 3.5 years in the same role with the accommodations of not working on Sundays or being involved in selling or serving alcohol without a problem. However, a new restaurant manager came in and determined that in order for the restaurant to improve its efficiency of operations, which was a goal the new manager was hired to implement, Rowan could still skip Sunday shifts but could no longer be accommodated by not participating in the sale of alcohol to customers as that pulled other waitstaff off of their assigned tables and was not perfectly efficient. Rowan refused to get licensed to sell alcohol or to serve it and was subsequently fired for insubordination. Rowan then sued for the failure of the hotel to accommodate her religious beliefs.
How should the court rule and why?
HRM320 Employment Law
Module 6 Discussion
Upsides and Downsides
Our readings focused on the benefits of unionizing and collective bargaining. Let’s examine the opposing point of view. Many people feel that unions and collective bargaining actually have a heavy downside that is sometimes ignored. Do you think there is a downside or disadvantage to having unions or engaging in collective bargaining?
For example, the ability to unionize often leads to increased pay and benefits for workers. Workers also can receive extra protection and benefits in terms of workplace safety and the establishment of a formal independent process to handle workplace disputes between employers and employees. On the other hand, union protections can make it harder for companies to promote the best employees and fire the worst employees and instead rely on tenure and seniority for staffing decisions. Some workers also object to having to join a union and pay union dues for some jobs when they do not want to belong to the union.
Some other world factors that must be considered in any discussion of this issue are outsourcing and third-world labor markets. Explain how outsourcing and third-world labor markets enter into the mix when it comes to unionizing and collective bargaining. Explain your responses and support your positions.
HRM320 Employment Law
Module 7 Discussion
Debate: Defined Benefit or Contribution Plans
Congress passed the Employment Retirement Income Security Act to protect employee benefits including pension or retirement benefits. Answering the following questions.
What protections does ERISA provide to employees in general?
Why are these protections important?
Can employees truly rely on benefits such as health insurance and retirement?
Now think about the modern world. There is national health insurance available through the Affordable Care Act and Social Security does exist as a disability insurance and retirement program. Does it make sense in the modern world for employer-run health and benefit plans for insurance and retirement to still exist, or would it be better to redeploy those resources in other ways?
HRM320 Employment Law
Module 3 Assignment
Write a 500- to 750-word paper that details the scope of Title VII and how it applies to employers in the workplace.
Discuss both:
1.) who is covered and not covered by Title VII including any amendments to Title VII, and
2.) what practices and policies that companies can adopt to avoid violating any Title VII provisions.
In your response, make sure to follow APA formatting style and include at least one source other than the textbook.
HRM320 Employment Law
Module 5 Assignment
Write a 500- to 750-word paper that details the scope of sexual harassment in the workplace.
Explain what both:
1.) quid pro quo, and
2.) hostile environment sexual harassment claims are.
In discussing the 2 types of sexual harassment claims be sure to include what the requirements are for making a case under each type of claim. Also, list and describe common employer defenses to sexual harassment claims.
In your response, make sure to follow APA formatting style and include at least one source other than the textbook.
HRM320 Employment Law
Week 7 Course Project
Introduction
Your Course Project for this term is to answer several questions and then write a six- to eight-page, double-spaced miniresearch memo with your subject as Employment Discrimination Harassment Policies. You will also complete a PowerPoint Presentation to support your research memo. Everything you need to know about the project resides on this page. The goal of this project is to demonstrate problem solving, critical thinking, data research and analysis, and innovation skills.
Course Project Deliverables
You will have two deliverables for this project that are collectively worth 640 points and due in Modules 7 and 8.
Research Memo: Answer questions provided below and write a six- to eight-page research memo (excluding title and reference pages). This deliverable is worth 340 points.
Presentation: Create a PowerPoint Presentation that supports the memo. This deliverable is worth 300 points.
Employment discrimination law is about prohibiting or encouraging behaviors in the workplace regarding differences in people. It has evolved over the years significantly, and the passage of Title VII, the U.S. Civil Rights Act, has made more changes to how the United States defines the right to work free from harassment and discrimination, than any other law, case, or regulation in the nation.
Guidelines
Answer the questions provided and write a six- to eight-page research memo in Word (excluding title and reference pages) with your subject as Employment Discrimination Harassment Policies.
Your research memo must be written in APA format, include a title and reference page, and reference your sources both internally (parenthetically) and in the reference page. Please use the APA Template (Links to an external site.)to complete your work.
Include all aspects of the assignment criteria outlined.
Use a 12-point Times Roman or Arial font, double-space it, and have 1 in. margins as a standard format.
Do not include extra lines between paragraphs and so forth.
You should use theory throughout your research memo, which covers the aspects of the COs reviewed in the previous weeks.
You should use a minimum of three scholarly resources beyond the textbook. The DeVry Library is a good resource.
DeVry University policies are in effect, including the plagiarism policy. Cite in text when quoting (copying information word for word) or using words and thoughts that are not your own.
Submit assignments in Word documents by the due date.
Graphs and tables are not needed and should not be used in this paper.
Grammar, punctuation, spelling, and so forth will all be taken into consideration when awarding points.
Proofread your papers before submitting; spell-check is not foolproof.
This paper will be graded on the quality of paper information and use of citations, grammar, and sentence structure.
The Course Project Research Memo is due in Module 7 of this course.
The PowerPoint Presentation is due in Module 8 of the course.
See the Assignment Summary section of the Syllabus for due date information.
Course Project Research Memo Assignment
Answer each of the following questions in one to two paragraphs each. You can use your textbook or other outside sources to answer these questions. Do not write a book; answer the questions succinctly.
What must a person who is claiming he or she was harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment?
Sexual harassment: Quid pro quo
Sexual harassment: Hostile environment
Religious harassment
Racial harassment
Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally.
How does GINA protect a person whose mother died of breast cancer from employment discrimination?
Provide one example of a behavior that could be found to be both a hostile environment and quid pro quo forms of sexual harassment at the same time. Explain how a person could argue that this behavior at work was illegal.
Give the main legal reason why every company should have a valid written policy against all forms of harassment (besides the fact it is the “right” thing to do.)
Can an employer require that only females serve female customers and only males serve male customers? Explain your answer using legal terms.
How many employees must an employer or company have working for it to be subject to the following.
the ADA
Pregnancy Discrimination Act
Title VII
IRCA
GINA
MEMO
Assume you work for a company that has a sexual antiharassment policy, but not a religious, sexual orientation, or racial antiharassment policy. Write a six- to eight-page detailed memo to your boss (the HR Director) as to why you believe it would make sense to revamp the company policies to include these and or other forms of harassment. Include one example of a real situation where a policy may have protected a company from liability or stopped harassment from happening. (You can find case examples on the EEOC website (Links to an external site.).) Cite that case/situation in your memo to your boss.
HRM320 Employment Law
Week 8 Course Project
Introduction
Your Course Project for this term is to answer several questions and then write a six- to eight-page, double-spaced miniresearch memo with your subject as Employment Discrimination Harassment Policies. You will also complete a PowerPoint Presentation to support your research memo. Everything you need to know about the project resides on this page. The goal of this project is to demonstrate problem solving, critical thinking, data research and analysis, and innovation skills.
Course Project Deliverables
You will have two deliverables for this project that are collectively worth 640 points and due in Modules 7 and 8.
Research Memo: Answer questions provided below and write a six- to eight-page research memo (excluding title and reference pages). This deliverable is worth 340 points.
Presentation: Create a PowerPoint Presentation that supports the memo. This deliverable is worth 300 points.
Employment discrimination law is about prohibiting or encouraging behaviors in the workplace regarding differences in people. It has evolved over the years significantly, and the passage of Title VII, the U.S. Civil Rights Act, has made more changes to how the United States defines the right to work free from harassment and discrimination, than any other law, case, or regulation in the nation.
Guidelines
Answer the questions provided and write a six- to eight-page research memo in Word (excluding title and reference pages) with your subject as Employment Discrimination Harassment Policies.
Your research memo must be written in APA format, include a title and reference page, and reference your sources both internally (parenthetically) and in the reference page. Please use the APA Template (Links to an external site.)to complete your work.
Include all aspects of the assignment criteria outlined.
Use a 12-point Times Roman or Arial font, double-space it, and have 1 in. margins as a standard format.
Do not include extra lines between paragraphs and so forth.
You should use theory throughout your research memo, which covers the aspects of the COs reviewed in the previous weeks.
You should use a minimum of three scholarly resources beyond the textbook. The DeVry Library is a good resource.
DeVry University policies are in effect, including the plagiarism policy. Cite in text when quoting (copying information word for word) or using words and thoughts that are not your own.
Submit assignments in Word documents by the due date.
Graphs and tables are not needed and should not be used in this paper.
Grammar, punctuation, spelling, and so forth will all be taken into consideration when awarding points.
Proofread your papers before submitting; spell-check is not foolproof.
This paper will be graded on the quality of paper information and use of citations, grammar, and sentence structure.
The Course Project Research Memo is due in Module 7 of this course.
The PowerPoint Presentation is due in Module 8 of the course.
See the Assignment Summary section of the Syllabus for due date information.
Course Project Research Memo Assignment
Answer each of the following questions in one to two paragraphs each. You can use your textbook or other outside sources to answer these questions. Do not write a book; answer the questions succinctly.
What must a person who is claiming he or she was harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment?
Sexual harassment: Quid pro quo
Sexual harassment: Hostile environment
Religious harassment
Racial harassment
Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally.
How does GINA protect a person whose mother died of breast cancer from employment discrimination?
Provide one example of a behavior that could be found to be both a hostile environment and quid pro quo forms of sexual harassment at the same time. Explain how a person could argue that this behavior at work was illegal.
Give the main legal reason why every company should have a valid written policy against all forms of harassment (besides the fact it is the “right” thing to do.)
Can an employer require that only females serve female customers and only males serve male customers? Explain your answer using legal terms.
How many employees must an employer or company have working for it to be subject to the following.
the ADA
Pregnancy Discrimination Act
Title VII
IRCA
GINA
MEMO
Assume you work for a company that has a sexual antiharassment policy, but not a religious, sexual orientation, or racial antiharassment policy. Write a six- to eight-page detailed memo to your boss (the HR Director) as to why you believe it would make sense to revamp the company policies to include these and or other forms of harassment. Include one example of a real situation where a policy may have protected a company from liability or stopped harassment from happening. (You can find case examples on the EEOC website (Links to an external site.).) Cite that case/situation in your memo to your boss.
The following are the best practices in preparing this paper.
Cover Page—Include who you prepared the paper for, who prepared it, and the date.
Table of Contents—List the main ideas and section of your paper and the pages in which they are located.
.Introduction—Use a header on your paper. This will indicate you are introducing your paper.
The purpose of an introduction or opening should do the following.
Introduce the subject and why the subject is important.
Preview the main ideas and the order in which they will be covered.
Establish a tone of the document.
Include in the introduction a reason for the audience to read the paper. Also, include an overview of what you are going to cover in your paper and the importance of the material. (This should include or introduce the questions you are asked to answer on each assignment.)
Body of Your Report—Use a header titled with the name of your project. Then proceed to break out the main ideas. State the main ideas, state major points in each idea, and provide evidence. Break out each main idea you will use in the body of your paper. Show some type of division, such as separate sections that are labeled, separate groups of paragraphs, or headers. You would include the information you found during your research and investigation.
Summary and Conclusion—Summarizing is similar to paraphrasing but presents the gist of the material in fewer words than the original. An effective summary identifies the main ideas and major support points from the body of your report. Minor details are left out. Summarize the benefits of the ideas and how they affect the tourism industry.
Work Cited—Use the citation format as specified in the Syllabus.
Additional hints on preparing the best possible project are as follows.
Apply a three-step process of writing: Plan, write, and complete.
Prepare an outline of your research paper before you go forward.
Complete a first draft and then go back to edit, evaluate, and make any changes required.
The following are the best practices in preparing this paper.
Create a separate title page, which includes name, paper title, and university.
Include an introductory paragraph that identifies the paper’s content. Introduce the subject and the reason it is important, preview the main ideas and the order in which they will be covered, and establish the document’s tone.
Include a concluding paragraph that provides a summary of the major points from the paper.
Use a formal writing style for academic writing (sharing information and facts or theory).
Write your paper in third person. Fully describe the concepts and theories. (What does the information mean?)
When making a statement, for example, all people who break the law should improve their communication skills to stay out of jail, you must substantiate that statement. If that statement is not your own thought or a statistic, cite it. If it is your opinion, state that it is and explain the information that led to that conclusion. Provide enough information to validate and explain statements.
Minimize copied information, which just teaches you how to copy and paste. Use critical-thinking skills to understand the material researched.
PowerPoint Tips
Be sure to keep slides clean and easy to read.
Use graphics and pictures in PowerPoint to support your ideas.
Presentation should be 8–12 slides in length.
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