...NewCorp Legal Scenarios Employment laws and regulation are created to protect the rights of employers and employees. The relation between employer and employee creates a variety risks that affects both parties. Businesses have to analyze the consequences of dismissing an employee, and take the appropriate measures to prevent legal issues; however, some agents are not aware of employment regulations and make decisions that violate the rights of employees, which create big risks for the organization. This context consists of legal encounters involve NewCorp; as an employee of the company, one is require to provide an assessment to latter refer matters to an attorney to save money on legal advice, and have a brief answer to the questions asked in each encounter. Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? NewCorp have the rights to dismiss an employee at will; however, the company can be liable of wrongful discharge. Pat has the right to know the indication of the problem and to a corrective plan to improve his deficiencies before he is dismiss. What legal principles, such as statutory or case law, support those liabilities and rights? Employment at will is a doctrine supported by statutory law, and wrongful discharge is supported by case law. NewCorp hire Pat as a manager, Pat signed an agreement that show his understanding that NewCorp observed employment at will and it can discharge anyone without a motive; however, part of...
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...This week also covers the collective bargaining agreements and labor law, as well as several laws and decisions a company must make regarding these labor law issues. In addition, you examine equal opportunity in employment and Title VII, including what comprises this significant law. You review regulatory laws, environmental protection and global warning, as well as antitrust laws and unfair trade practices. The readings focus on introductory concepts and the laws that support these concepts. Employment and Regulatory Risk OBJECTIVE: Differentiate between types of employment relationships and the associated legal considerations. Resources: Ch. 31 & 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 31: Employment, Worker Protection, and Immigration Laws o Introduction to Employment, Worker Protection, and Immigration Laws o Worker’s Compensation • Case 31.1 Workers’ Compensation: Medrano v. Marshall Electrical Contracting Inc. o Occupational Safety • Ethics Spotlight: Company Violates OSHA’s Safety Rule o Fair Labor Standards Act (FLSA) • Ethics Spotlight: Fair Labor Standards Act Pay Violation • Ethics Spotlight: Microsoft Violates Federal...
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...points: i. Unwelcomed sexual harassment occurring in the workplace can impact work environment. ii. Prevention is the best way employers can eliminate sexual harassment in the workplace. II. Unwelcomed sexual harassment in the workplace can be physical, verbal, or visual, and violates Title VII. a. Quid pro quo and a hostile work environment are types of sexual harassment. i. Quid pro quo refers to an exchange of sexual favors for a job benefit or an employment decision that’s based on an employee accepting, tolerating, or participating in an unwelcomed conduct of a sexual nature (“Sexual harassment on,” n.d.). ii. A hostile work environment occurs when unwelcomed sexual conduct unreasonably interferes with an employee’s job performance or a hostile, intimidating, or offensive work environment is created (“Sexual harassment on,” n.d.). b. In 1986, the landmark case of Meritor Savings Bank v. Vinson dramatically altered the way companies view romantic supervisor/subordinate relationships. i. The U.S. Supreme Court ruled, just because a subordinate has sex with a supervisor, it does “…not detract from the coercive nature of the relationship” (Dresang, 2009, p. 244). ii. Title VII prohibits sexual harassment because it is a form of illegal sexual discrimination (“Facts about sexual,”...
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...Burlington Northern and Santa Fe Railway Co. v. White Legal Analysis Legal and Ethical Facts • The plaintiff (White) was hired by Burlington Northern and Santa Fe Railway Co. (Defendant) as a track laborer. Having prior experience as a forklift operator, the plaintiff was assigned to operate a forklift once the need arose. • Although operating a forklift was now the primary duty of the plaintiff, her responsibilities as a track laborer, to a lessor extent, still existed. • Operating a forklift was viewed as a more prestigious position and as such, a more desirable duty than the dirtier work of track laborer. • Shortly after assuming her primary duty as forklift operator, the plaintiff’s immediate supervisor made disparaging remarks about her in front of co-workers. The comments centered on the supervisor’s opinion regarding the inappropriateness of having females on the job site. • The plaintiff filed an internal complaint with Burlington Northern. After an investigation, the plaintiff’s supervisor was suspended for 10 days. • When the plaintiff was notified of the supervisor’s suspension, she was also informed that she would no longer be operating a forklift and would resume the duties of track laborer full time. • Within weeks, the plaintiff filed a grievance with the Equal Employment Opportunity Commission (EEOC). She believed her reassignment was a form of retaliation for making complaints that led to the suspension of a supervisor. • A short time after these...
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...production schedule has changed requiring production employees to work 12 hour rotating shifts four consecutive days in a seven day period (Monday-Sunday). Office hours will remain the same (Monday-Friday, 08:00-17:00). Production employee Tom Arnold has filed a constructive discharge claim due to the new hours requiring him to work on a religious holy day, and quit pending the schedule change. This claim must be taken seriously as constructive discharge can result in litigations and can be rightfully covered under Title VII of the Civil Rights Act of 1964. This memo will depict how constructive discharge is relevant to this scenario, a protected category under Title VII of the Civil Rights Act of 1964 relevant to this scenario, recommend a company response with support, and recommend steps the company should take in order to avoid future litigations. As a legal concept, constructive discharge is fully relevant to this situation as it can be covered under Title VII of the Civil Rights Act of 1964 which specifically encompasses religious precedence. Constructive discharge can cover Mr. Arnold provided no reasonable accommodations were made in order to circumvent the situation. Happy Toy’s must fully understand the severity of these allegations, as well as the rights and preventative measures that will protect the firm from further litigations and legal expenses moving forward. According to the Equal Employment Opportunity Commission (2014), constructive discharge will have...
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...Memorandum To: Office of the Chief Executive Officer From: Date: Re: URGENT: Filed Employee Claim under Title VII of the Civil Rights Act of 1964, Constructive Discharge _________________________________________________________________________________ In light of the resent complaint filed by a former employee, I wanted to provide you with this memo. The complaint is based on Constructive Discharge, under Title VII of the Civil Rights Act of 1964. Title VII was established for employees in the United States to protect them from workplace discrimination based on their race, color, ethnicity, religion, gender and/or sexual harassment. Confidential Under the definition of Constructive Discharge Title VII’s religious discrimination clause (eeoc.gov, 2012), as an employer, the Company has the obligation and is required to make reasonable accommodations to the work environment for an employee, or perspective employee for their religious belief unless it would cause undue hardship to the Company. The accommodation requirements are intended to relieve the individual from having to make a decision between their work and religious beliefs and practices. Any individual who believes that their employment rights have been violated may file a claim for discrimination. In order to prove a discrimination or retaliation claim under Title VII, one of the elements the employee must show is that the employer took some adverse action against him or her. ...
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...| USA Toy Company | Memo To: Company CEO From: Plant Manager CC: Company Attorney Date: 5/18/2013 Re: Companies Response to an Ex-Employee’s Claim of Constructive Discharge and the Federal Equal Employment Opportunity (EEO) Law How is Constructive Discharge Relevant to this Situation? Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of their race, color, religion, national origin, or sex (Shaker, n.d.). This law provides legal recourse for employees to seek Constructive Discharge for discrimination of their legal rights if they believe a change to a policy or procedure has violated their rights (Shaker, n.d.). The law specific to religious beliefs applies to this situation that has occurred within the company. On November 1, 2011, the Human Resource (HR) Department provided training to the each of the division managers regarding a change to the employee work shift schedule to begin on January 1, 2012. This change was a direct result of the company’s increase in growth and production demand. Following the meeting, each division manager scheduled a date and time that week for their employees to receive comparable training from the HR Department. The HR personnel also relayed to the employees that the change in work shift schedule was a necessary response to the company’s increase in growth and production demand. Employees were given the same opportunity as the division managers to ask questions, receive feedback,...
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...I. Introduction Although the federal government enacted laws to eliminate gender discrimination in the workplace, it remains an issue on several levels. Specifically, women find themselves the victims of discrimination simply because of their gender. Although there are anti-discrimination laws in place, many employers still find ways around them. Currently, the courts simply award monetary compensation to those women who sue current or former employers. However, businesses found guilty of committing the crime of gender discrimination must endure stricter operating sanctions. The author was witness to the unethical and illegal treatment of a former elderly female employee whose work ethic was exemplary. The former employee (Shelly) received constant positive feedback from clients, students, and peers. She was employee of the year for three consecutive years because of her innate ability to settle disputes amicably. Shortly after her promotion to Assistant Director, the department hired a new instructor who was also an alumnus. He made it very clear that he disagreed with Shelly’s methods and relationship with the students and clinical coordinators. Overtime he demonstrated his ability to build a rapport with the coordinators and other program official; he was very ambitious. His relationship with Shelly bordered aggression and antagonism, but she remained professional and focused. However, when the coordinators began complaining about her performance to the Director...
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...Interactive Simulation Paper Workplace discrimination may take different forms-gender, age group; race, national origin, faith, or disability-and can have enormous legal and fiscal repercussions for organizations. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) are a few of the laws and regulations which make discrimination unlawful in the conditions and terms of job, for example hiring, leave policy, performance evaluation, and promotion. It's important for administrators to identify different types of discrimination and defend against them in the place of work. (UOP Simulations: Preventing Workplace Discrimination 2011). This simulation in this type workplace discrimination is to focuses on types of discrimination in place of work, hiring, work environment clashes, performances and appraisals evaluations in a company of advertisement. The evaluation of each scenario of different situations are study carefully as an Human Resource Manager (HRM) and decide whether discrimination can be prevented by resolving any conflicts of interest emerging from discrimination. The measures a company or this advertising company may take to reasonably accommodating people with disabilities, or those with a known drug abuse problem, shows the views on how the simulation demonstrate these results. The employees with a known drug abuse problem, the companies must have an arrangement on announcing a pre-employment...
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...MBA 6301, Business Ethics Course Syllabus Course Description Explores the role of individual, business, and government activities related to ethically responsible commerce and socially beneficial business activity. Prerequisites None Course Textbook Stanwick, P. A., & Stanwick, S. D. (2014). Understanding business ethics (2nd ed.). Thousand Oaks, CA: Sage. Course Learning Outcomes Upon completion of this course, students should be able to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Analyze the concepts of business ethics from a personal and an organizational perspective. Assess the ethical issues facing business leaders. Evaluate and distinguish between the concepts of social responsibility, integrity, and business ethics. Explain the framework required to make ethical decisions in today's business environment and how it improves the business climate. Summarize how moral philosophies, on a corporate and individual level, influence ethical decision-making in business. Analyze the influence of corporate culture, including leadership, power, and motivation, on business ethics in the workplace. Explain the pressures that influence ethical decision making in the organization. Evaluate the need for ethical standards, codes of ethics and practices in business. Assess the auditing process to assure ethical practices are being followed. Analyze the role that culture plays in global business ethics. Credits Upon completion of this course, the students...
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...Compare and contrast utilitarianism and deontology. Utilitarianism is the principle that the correct form of action be taken to benefit the greatest number of people. Deontology is defined as the area of ethics involving the responsibility, moral duty and commitment. Both utilitarianism and deontology deal with the ethics and consequences of one’s actions and behavior despite the outcome. To contrast utilitarianism and deontology, utilitarianism summarized is making the right decision followed by the right actions that has the best outcome for the largest number of individuals. Deontology is the understanding and practice that there is a respect for life, fairness, and honesty despite the consequences and no matter the affect on the minority or majority of people affected. Explain whether you agree or disagree that there should be a difference between the treatment of prospective as opposed to current employees where drug testing is concerned. I agree that there should be a difference between the treatment of prospective as opposed to current employees where drug testing is concerned. I do that if an individual whether they are a prospective or current employee and are abusing drugs than they should not be employed especially if there impairment could be a hazard. However, I do feel that current employees should be offered some type of drug treatment to help them with any drug issue that they might have. I don’t feel as if this should be offered to prospective...
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...BA 3301 Legal Environment of Business Compliance Interview and Report Assignment Associate Professor Lee Usnick, JD I. ASSIGNMENT OVERVIEW Virtually all business activities conducted in the United States are highly regulated, not only by governmental entities, but by professional entities as well. Compliance with all federal, state, and local laws and regulations is a prerequisite to the long term health and survival of a business. Equally important is a business's compliance with standards issued by the professional and accrediting bodies responsible for licensing and certification. Certain industries are more regulated than others. For example, health care, financial services, and public utilities are all highly regulated with extensive licensing and operational standards. When a business fails to comply with all applicable regulations and standards, the business and the individuals who manage it can face a variety of sanctions, from loss of license and program certification, to civil and criminal sanctions that include monetary penalties and prison. In this assignment, you will learn how someone in your selected industry meets the challenges of current compliance requirements. It is not necessary to address all aspects of compliance in this industry or selected company. Rather, you should educate yourself in broad terms about the kinds of governmental and industry standards covering your interviewee's business, then select a few key aspects to explore in depth with...
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...BA 3301 Legal Environment of Business Compliance Interview and Report Assignment Associate Professor Lee Usnick, JD I. ASSIGNMENT OVERVIEW Virtually all business activities conducted in the United States are highly regulated, not only by governmental entities, but by professional entities as well. Compliance with all federal, state, and local laws and regulations is a prerequisite to the long term health and survival of a business. Equally important is a business's compliance with standards issued by the professional and accrediting bodies responsible for licensing and certification. Certain industries are more regulated than others. For example, health care, financial services, and public utilities are all highly regulated with extensive licensing and operational standards. When a business fails to comply with all applicable regulations and standards, the business and the individuals who manage it can face a variety of sanctions, from loss of license and program certification, to civil and criminal sanctions that include monetary penalties and prison. In this assignment, you will learn how someone in your selected industry meets the challenges of current compliance requirements. It is not necessary to address all aspects of compliance in this industry or selected company. Rather, you should educate yourself in broad terms about the kinds of governmental and industry standards covering your interviewee's business, then select a few key aspects to explore in depth with...
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...Memorandum To: CC: Office of the Chief Executive Officer Office of the Vice President of Human Resources From: Date: Re: 4/2/2012 URGENT: Filed Employee Claim under Title VII of the Civil Rights Act of 1964, Constructive Discharge. I wanted to provide some background on Constructive Discharge under Title VII of the Civil Rights Act of 1964. Title VII was established for employees in the United States to protect them from workplace discrimination based on their race, color, ethnicity, religion gender and/or sexual harassment. Under the definition of Constructive Discharge, according to USLegal.com, an employer makes a working environment intolerable which forces the employee to resign. It further states that “evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has not been given at least 15 days’ notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee’s claim”. (1) In this particular case, our former employee who resigned is alleging religious discrimination under Constructive Discharge due to a work policy change requiring employees to rotate their shifts which includes working on what may be considered a religious day. As an employer, the Company needs to “reasonably accommodate an employee’s religious beliefs” (2) and make reasonable accommodations to the work environment. At the time...
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...here. The environment is not uncomfortable or unbearable every day. However, the way an employee of certain religious background would feel working on a Holy day would be of great discomfort. There is also a process that needs to be followed for constructive discharge to be considered. The employee needs to inform the employer about the working conditions that are making it uncomfortable or unbearable. The employee needs to give the employer fifteen days to respond about the conditions. B. According to the Society for Human Resource Management, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Title VII of the Civil Rights Act of 1964 is related to this situation because it protects people and their religion. Employers cannot discriminate against employees of different religious backgrounds. C. There...
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