Employment Law

Develop an analysis with management tips for each of the assignment cases.  At least two outside sources other than the textbook must be cited.  A file containing your submission should be submitted via Turn-it-in. Postings to  lesson cases should use the following format and thoroughness: Analysis – present the legal arguments related to the question.  This should be very thorough.  Make sure to include the analysis elements listed below as well as citations for the legal concepts used.  Management tips – provide management with advice on how to correct the current situation and/or how to prevent such a situation in the future.  Well developed recommendations with specificity should be provided. References – at least two per answer other than your book.  You may use your book, but it does not count as one of your two references.  Wikipedia and my class notes are not acceptable references.  Please refer to the APA Manual for assistance.  A link to APA information may be found under Learning Resources. Please clearly label each section.  Case Myrna, a waitress, complains to her boss that, Simon, a frequent patron of the restaurant, has been engaging in what she considers to be sexually harassing behavior. Myrna details Simon’s activities to her boss, requests that Simon be asked to stop, and that she not be required to wait on him in the future. Myrna’s boss, Stuart, the restaurant owner, says he will look into the matter. Not wishing to upset one of his best customers, Stuart puts the matter off for a few weeks, and when he eventually does get around to dealing with it, he tells Simon only that he should go a little easier on Myrna. Stuart does nothing about Myrna’s request to be relieved of any obligation to wait on Simon. Analysis Elements Is the organization private or public? If private employment, at will applies…unless there is an implied contact such as a policy, a company handbook, written agreement or verbal agreement (must provide witnesses/proof that it existed); if public then due process applies and the person has the right to appeal the decision What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., — in some cases more than one law will apply) Is there a minimum number of employees required by the law(s)? For Civil Rights Act it is least 15 employees for private employers Does a statute of limitations apply for this law or laws? For the Civil Rights act it is 180 days What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-What is the evidence to support it? If evidence for more than one, which would be best to file under? Explain in detail using the burdens of proof analysis. What questions or information do you need to know to decide the case one way or another? Legal Concepts to Consider DISPARATE TREATMENT Prima facie case Legitimate reason/Bona Fide Occupational Qualification (BFOQ) for action/same actor defense/slap in the face qualifications defense; Pretext/bias comments/unequal treatment(Similarly situated; by same decision maker-if not may not count); lying; pretext plus; significantly better qualifications; timing of adverse action DISPARATE IMPACT Adverse impact calculated by job; isolate practice Firm shows business necessity, job relatedness or manifest relationship A less discriminatory alternative does exist Mixed Motive Discriminatory motives played role in the decision however minor Employer must show would have made the same decision anyway absence the discriminatory element Charging party must them refute the evidence and show pretext; this may be shown by circumstantial evidence

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