MGT 434 Complete Class Week 1 – 5 All Assignments and Discussion Questions – A+ Graded Course Material

Week 1 Individual Assignment Legal Process Paper

john is an employee in a private sector organization. He wants to file a discrimination complaint against his employer.

Resources: EEOC website at and the U. S. Court System website at with the key words litigation processmediation process, and dispute resolution.

Prepare a 700- to 1,050-word paper in which you analyze and explain the following discrimination complaint and civil litigation processes as it would potentially apply to John and his employer. In your paper, explain in detail how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the U. S. Supreme Court. Include a discussion on other relevant aspects addressing discrimination complaints and disputes in the workplace.

Format your paper consistent with APA guidelines.

Week 1 DQ1

What are the differences between employees and independent contractors? Is it possible for an employer to reclassify all of his employees as independent contractors? Explain why or why not.  Provide an example.

Week 1 DQ 2

The employer makes the employee’s life miserable and the employee quits. What is this called? Is it legal? Does the employer’s burden of proof change between constructive and wrongful discharge?  Provide an example.

Week 1 DQ 3

Can your company legally change your job responsibilities, reduce your salary, or assign you to a different department? Explain why or why not.  Provide an example.  What are the potential legal considerations for the employer in the event of such changes?

Week 1 DQ 4

What are the advantages and disadvantages for both employers and employees of resolving disputes through ADR? Why would a company have an employee sign a commitment to resolve disputes through ADR? What other methods exist for resolving disputes?  Provide an example.

Week 2 Team Assignment Employer Employee Relations Paper

Prepare a 1,050- to 1,750-word paper in which you identify and analyze the policy differences of one of your team's organizations. Address the treatment of the following:

Regular employees versus temporaries or independent contractors

Exempt employees versus nonexempt employees

Include a discussion on how the employer of a team member responds to its state's laws relating to employment-at-will. Include the manner in which they ensure that any exceptions to employment-at-will existing in their state are addressed.

Format you paper consistent with APA guidelines.

Week 2 DQ 1

What is meant by the term glass ceiling? Who is affected by it?  Provide an example.  Is this a form of gender discrimination?  What might companies do to help break the glass ceiling?

Week 2 DQ 2

Determine which of the following statements are legitimate BFOQs. If you determine something is not a legitimate BFOQ, what would have to be changed in the statement to make it a legitimate BFOQ?

Week 3 Individual Assignment Interactive Simulation Paper

Resource: Preventing Workplace Discrimination Simulation

Complete the simulation Preventing Workplace Discrimination found on the student web page for Week Three and answer the following questions:

What are some measures a company may take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?

Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Explain why or why not. How does the simulation demonstrate these?

Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Explain why or why not. How does the simulation demonstrate this?

Week 3 DQ 1

What are the rights protected under affirmative action? Are the rights of white males protected under affirmative action?  Explain why or why not.   Provide an example  Does affirmative action require the meeting of quotas? Explain why or why not.

Week 3 DQ 2

What types of employers must comply with affirmative action? How might affirmative action implementation conflict with EEO compliance? How might affirmative action be a positive force in the workplace?  Provide an example.

Week 4 Team Assignment Labor Relations Paper

Happy Trails, LLC. is a medium-sized independent living home, a for-profit facility located in a suburban environment. Due to traffic and road congestion, this eldercare facility is the most convenient independent living home near the city. Independent living homes in the city offer many of the same services as Happy Trails, but are more expensive. The elderly may go to a several hospitals for acute health care issues.

In a response to the changing economy and patient access from the suburban areas to the city, Happy Trails has taken some measures to compete, become more attractive, and build on its long-term care for patients in the surrounding areas. It has reduced overtime allotments of its seasoned patient care staff, and has terminated several registered nurses. As the registered nurses leave Happy Trails, they are replaced by Licensed Practical Nurses (LPNs), who receive lower compensation and fewer benefits. 

The health care facilities in the city are unionized and are well represented by an experienced union business agent. The union has recently negotiated superior wages and benefits at the independent living homes in the city.

In terms of the health care professionals employed there, Happy Trails is not so happy now because the union representing the other facilities has received the attention of the Happy Trails LPNs.

Resource: Happy Trails Scenario

Complete a 1,400- to 2,100-word paper that responds to the following questions:

As a Learning Team, you are a group of individuals who are members of a consulting firm. You are responsible for representing these LPNs and advising them regarding the following questions:

The LPNs have asked for your advice:

What would you advise the LPNs to do? Should they unionize? What are the advantages and disadvantages of unionizing at Happy Trials?

What issues might the union raise during the organizing effort?

What steps must the LPNs follow to unionize?

What unfair labor practices need to be avoided by LPNs?

The independent living home management team has asked for your advice:

What would you advise the independent living home management to do? Should they oppose unionization?

What arguments or defenses might the hospital raise to the union’s organizing issues?

If the company elects to resist unionization, what steps must the company follow?

What unfair labor practices need to be avoided by management?

Happy Trails’ management team may engage in any number of activities during the unionization. Which of the following would you advise? Explain why or why not?

Actively promote LPNs, offer bonuses, and place some into leadership and management roles.

Tell employees salary increases must cease to finance the collective bargaining agreement.

Explain current employee benefits to the LPNs, comparing them to the union promises.

Threaten to close the facility due to the union campaign.

Assist in the circulation of antiunion petitions.

Counter union exaggerated claims on flyers.

Tell employees they do not need to talk to union organizers, that they may vote against the union, and that the independent living home does not welcome the union.

Solicit employees to request the return of their authorization cards.

Tell employees they may be replaced if they vote for the union.

Appeal to the employees to defeat the union.

Include a description of the specific labor laws that you included and why. 

Discuss your responses to each of the previous questions and include applicable references.

Format your paper consistent with APA guidelines.

Week 4 DQ 1

Describe the range of testing that is allowed in the workplace. What are some of the limitations of workplace testing? What are some of the limitations of preemployment testing? What are some of the potential pitfalls for management? What might management do to avoid the pitfalls?

Week 4 DQ 2

What are some of the performance evaluation methods? How might these methods be perceived as discriminatory? How might employers ensure that their performance evaluation process is nondiscriminatory? What might employers do to help encourage fairness in performance evaluation?

Week 4 DQ 3

What are some of the constitutional protections of privacy? What privacy rights are afforded to public and private sector employees? How might privacy rights be waived?

Week 4 DQ 4

Under what circumstances is it legal, advisable, or ethical to engage in the following practices:

Require preoffer medical examinations of some applicants and not others

Require post-offer, preemployment medical examinations of some applicants and not others

Retain information generated by medical and preemployment testing in each applicant's general personnel file

Week 5 Team Assignment Employee Handbook Assignment

Prepare a 1,750-to 2,050-word document in which you create a representation of actual sections of an employee handbook

Note. The handbook must be original student content and work.

In addition to describing the company to which the employee handbook applies, also address the issues of privacy, employee or applicant testing, and performance evaluations in the global workplace. This assignment must include, but is not limited to, the consideration of the following questions in drafting your handbook sections:

What privacy rights issues must be addressed?

What must the company’s position be in response to privacy rights issues?

How do your privacy protections limit the company’s liability?

How do your privacy protections enhance employee motivation and productivity?

How would your responses to the previous components differ if this was a public sector employer?     

What are some ethical considerations involved in the design of this section?

What legal considerations must be made as you design your employee testing policies, particularly as you consider the different specific testing that might be done?

What ethical considerations must be made relative to your testing policies?

What legal considerations must be made as you design your performance evaluation section?

What ethical considerations must be included in your determinations as to the design of the performance evaluation section?

Week 5 Final Exam

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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MGT 434 (Employee Law) Complete Class A+ Graded

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