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[answered] Assignments 1 Assignments ch1-16 Alhammadi Mohammed Webster


I want you to rephrase this file a little bit with the same meaning so i can turn it in as soon as possible

shouldn't be rephrased? completely?


Assignments

 

1 Assignments ch1-16

 

Alhammadi Mohammed

 

Webster University Assignments 2 Ch1

 

The case is about discrimination shown by p group, the common law agency test

 

defines in the employee-employer relationship who has the right to define, and

 

control the actions.

 

The common law hybrid test is often used on employees to find out if they belong

 

to the employees? cadre or independent contractors.

 

The economic realities test aims at bring out the facts such as it tries to find out the

 

employee is a salaried employee or if the employment is of profit sharing type. Ch2

 

The case is about the worker, P, who had worked for H for 16 years.

 

The court?s offering protection will be based on the seriousness of the petition for

 

protection.

 

In this case P needs to be protected from discharge of services by the court as he

 

was safe guarding the interests of the public. Ch3

 

According to the court, the employer CU is a religious institution. This

 

organization has its own policies and procedures to protect the interest of religion. Assignments 3 According to Mr. C, the employer is performing gender discrimination by

 

providing priority to the women.

 

According to the title VII the religious institution has a specific power. Ch4

 

The unbalanced work force alone cannot be treated as a disparate treatment. The

 

unbalanced work force may be due to many reasons like unintentional,

 

demographical conditions etc. Apart from this the attitude and behavior of the

 

employees towards it can contribute to the disparate treatment more than the

 

unbalanced workforce.

 

An organization with white employees which is performing the word of mouth

 

recruitment can certainly end up with the white applicants and will have to recruit

 

from those applications. This is an unintentional discrimination. Here the decision

 

will be the same as concluding it as unintentional discrimination. But the employer

 

can select some other recruitment practices too so that it can balance its work force

 

with the black employees.

 

As mentioned above the employer can adopt the other recruitment processes also

 

so as to include black employees in the work force. When a few black employees

 

come in, then they can be asked for the word of mouth reference. Since this

 

reference is most cost effective all employers prefer to adopt this method.

 

Ch5

 

In the given case the organization has promoted the women employee so as to stick

 

on with the discrimination legislations proposed by the government. As per title

 

VII the women should not be discriminated in a work place.

 

Here the court said that the voluntary affirmative decision taken by the

 

organization is correct. This decision of the court is quite sensible. This is because,

 

as per title VII the organization has the right to take voluntary affirmative action to

 

reduce or to eliminate discrimination. Hence it gave priority to women through

 

giving the promotion.

 

The action taken by the organization is agreeable as it just followed the legal path

 

so that it should not face any issues in the long run. There is no chance to disagree Assignments 4 the decision as it is the responsibility of the organization to follow the rules, laws

 

and legislations.

 

If an employer disagrees with the court?s decision, he can make choice based on

 

the performance and the experience of the employee. The employer should prove

 

that the person selected for promotion is fit for the position and the selection

 

process is performed without any discriminative intentions.

 

Ch6

 

Racial discrimination is something which is practiced continuously in almost all

 

organizations from the history. Now during the period of 2000?s due to the

 

enforcement of laws and regulations to eliminate the discriminations it has been

 

reduced. But it is not surprising that such racial discriminations are happening in

 

2005. The organizations hesitate to hire the black but they are forced to do it.

 

According to the investigation of the lower court there are no qualified and

 

experienced African Americans in the city so as the meet the company

 

requirements. The organization has also provided the position of assistant pokers

 

on contract basis to the African Americans which are acceptable. The court cannot

 

cause any harm to the profitability of the companies for eliminating the

 

discrimination.

 

Ch7 S was hired as a consultant physician at the RD medical center. She was hired to

 

supervise a team of doctors, nurses and other staff. Later her location was closed

 

and she was transferred to Bayamon. There were two camps offering the same

 

facilities in Bayamon: Center 308 and Center 705. S was appointed as the Director

 

of center 308. During this time, R, supervisor of S made a comment that PR

 

Doctors are no good and Dominican doctors are far better.

 

In this case S has to file for the national origin discrimination as she was basically

 

from Puerto Rica and the person who passed the comment belongs to Dominican

 

Republic and is her higher up. The obligation of filing of the suit has been borne by

 

S as she is the one who is said to be the victim of the national origin

 

discrimination.

 

In case, the individual who assumed her responsibilities was of the same national

 

origin as she was, it had been any other person other than S who has possibly Assignments 5 experienced discrimination on the basis of national origin. The fact that, S is of

 

Puerto Rico, R chose to express dissent and discrimination. If it is D, another

 

person from Dominican Republic then there would not have been any national

 

origin discrimination.

 

The best way an employer can cut down on such issues is by observing a strict

 

policy against discrimination and by training employees on cross culture learning.

 

Once a strict policy is introduced against national origin discrimination and proper

 

training is provided to the employees will lead to better cross culture relationship

 

among employees. Ch8

 

In spite various debates, legislations and amendments in favor of gender equality in

 

the twentieth century, still there are cases of obvious gender discriminations. It is

 

very surprising that women are given lesser priority at workplace in 21st century.

 

The City Fire fighter?s case also indicates that gender stereotyping and prejudices

 

are ingrained deeper than expected, and legislations alone cannot eradicate the

 

discrimination psyche. .

 

The managers at the City should have attended to the requests of the women, and

 

have made arrangements to source the fitting protection gear and built the

 

amenities.

 

It is evident from the case that the City Fire fighting administration did not have

 

valid reasons for denying properly fitting protective gears and amenities for

 

women. The administration may have postponed the sourcing of protective cloths

 

and building facilities for women due to lack of resources. But, the City did not

 

heed to the requests of women for eight years and have not even attempted to take

 

action in that direction. The circumstances indicate underlying gender

 

discrimination as the cause of negligence.

 

Ch9

 

Any evidence that indicate the presence of tangible action such as demotion,

 

reassignments, etc. will prompt the court to deny the opportunity for affirmative

 

defense. Though the court is not entitled to provide space for defense by the

 

employer, in cases where the employer has taken substantial care to prevent and

 

manage harassment issues is likely to receive favor from the court.

 

An employee always has the right to plead for justice in instances of sexual

 

harassment, even in the absence of tangible employment action. But, if the Assignments 6 employee delays to complain or fail to make use of the anti-harassment scheme,

 

the claim for justice would weaken. An employee always has to report the

 

harassment experiences to the appropriate authority as quickly as possible.

 

Tangible loss of benefits to the employee due the discriminatory stance by the

 

supervisor or immediate superior of the employee is construed as violation of

 

employment contract. In cases where there is no obvious loss of benefits, but

 

employee claims to have experienced sexual harassment at job, have the merits to

 

allow the employer for affirmative defense. Ch10

 

Though the Title VII do not include affinity clause, the present case has reference

 

to gender discrimination and abuse. In one go the rude employees are abusing the

 

victim using gender prejudices. By calling the colleague a female whore, they are

 

indirectly abusing the womanhood, and actively engaging in verbal abuse and

 

assault. The courts? interpretation of Title VII and its application to this case is

 

appropriate. .

 

It is difficult to suggest why the mangers at AZ did not take necessary steps to

 

prevent the abuse to Sanchez. One reason could be that though the employee

 

complained about the verbal abuse from the colleagues, he moved and worked with

 

them as usual, and did not seek any help from the professional to overcome the

 

effects of the abuse. Mere written complaint may have considered as trivial and did

 

not matter as worthy case.

 

First thing a manger would have done was to verify the facts from all employees

 

who witnessed the abusive treatment, the victim, and the bullies. The manger

 

should apply his/her common sense to understand the gravity of the victim?s issue.

 

Second step would be to warn the perpetrators and reprimand them. Finally involve

 

the senior management in deciding the next action. Ch12

 

An employer should test the potential employees on an individual basis if the test

 

result shows the BFOQ for a position. The tests for hiring an applicant would be

 

valid under one of the following condition- Assignments 7 ? The test can be conducted related to the person?s skills, knowledge, ability or

 

other characteristics.

 

? To determine Job relevant characteristics like decision making or reasoning

 

ability.

 

? The test would confirm a person?s physical, mental and emotional ability to

 

perform the job.

 

If some tests are critical to measure the ability of a person to perform his job

 

successfully, then the employer needs to conduct the tests. An employer cannot

 

skip the test by presenting the argument that cost of tests would impose great

 

burden on them.

 

Person C?s opinion creates a distinction between the terms ?reasonable necessity?

 

and reasonableness. Reasonable necessity for a business is the factors that are of

 

highly importance for them. For example safety and security of employees as well

 

as the customers are reasonable necessity for a company. On the other hand

 

reasonableness refers to logical activities or factors that are not of highly important

 

for the employer.

 

Ch13

 

In the current case the analysis of the Seventh and Eighth circuit is more

 

persuasive than the Tenth circuit of ADA. An employer should be free to offer a

 

vacant position to the most qualified candidate for the job. He should not be forced

 

to accommodate a disabled employee to a job if he has a better alternative.

 

In this case the employer received a clear win because he has sufficient evidence

 

that the employee it selected for the vacant position is more qualified than the

 

disabled employee. It also proves that no discrimination was made with the

 

employee having disability. Therefore the employer held in this case should clearly

 

mention in its policies regarding the accommodation it can provide to the disabled

 

employees. It would avoid further confusions or claims.

 

From this case it is clear that ADA does not forces an employer to provide

 

accommodation to the disabled employees by accepting any undue hardship or

 

loss. A disabled employee cannot be accommodated at a vacant position if he/she

 

does not have required qualification and skills.

 

Ch14

 

Person Y should not have prevailed on his state law claim of invasion because he

 

does not have sufficient evidence to prove that his employer has invaded his Assignments 8 privacy intentionally. Person Y?s medical statement was mistakenly disclosed to his

 

mother. Therefore the employer cannot be sued on this basis.

 

Even if the main clerk and person Y?s would have been read the document the case

 

would not be decided differently, because in that case also the disclosure will not

 

be publically at large. Hence the public invasion of privacy could not be claimed.

 

An individual can prove that the employer has publically invaded his privacy at

 

large, if a sensitive document of the employee is read by the entire employees

 

working in a company. Even if ll the supervisors of the company would get to

 

know the information it cannot be treated as public disclosure of information.

 

Ch15

 

The case is a dispute between the Union members and the management of G

 

Constructions to come for a collective bargaining to resolve an employee?s issue.

 

Since the management did not respond to any of the requests the union approached

 

the court, the court has given a ruling in the favor of the union ordering the

 

company to go for a collective bargaining agreement. Even then the management

 

refused to budge and finally the national labor board issued an order that the

 

company management must meet with the union to discuss and come an agreement

 

immediately.

 

The court has made the right decision in this case and it is so based on the

 

following reasons:

 

? The Company management did not comply with the rules and regulations of

 

collective bargaining clause,

 

? The company did not oblige to provide the information sought by the union thus

 

breaching the code of conduct, and

 

? The company failed to meet its obligations by refusing to meet the union.

 

The management?s actions in this case are not very surprising. The actions suggest

 

that the management is not interested in disclosing certain information which it

 

believes will put them into trouble and wants to hide it from the union. Thus, the

 

management chose the best way is to not to meet the union.

 

The employer?s strategy makes no sense at all as all it means by the strategy is

 

postponing the trouble. They are very well aware of the consequences of

 

neglecting the order of the National Labor Board?s directives or the Court?s

 

ruling?s but they chose to put a deaf ear to the rulings. It is apparent that there is no

 

particular strategy in avoiding the meetings the objective seems to be that of

 

postponement. Assignments 9 Ch16

 

Company V might have avoided the liability under ERISA if it had avoided its

 

deceiving practices and lying statements. The company has given false assurance

 

to its employees to change their benefits plan that is considered to give breach of

 

its duty.

 

An employee needs to have the basic information regarding their rights and

 

employer liability. It would help the employee to ensure that he or she knows all of

 

the facts relevant to a question that was given in the case.

 

Company V wanted to discharge the benefit plans of its employees working in

 

money losing divisions. Therefore he influenced the employees of these divisions

 

to change their benefit plans. Hence, using fraudulent practices Company V wanted

 

to get rid of the benefits and compensation plans of the employees working in lossmaking division.

 


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