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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?



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




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.




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.




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




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




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




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.




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




? 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.




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.




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.




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




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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