HRM 593 Final Exam

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1.(TCO A) Alice Jones was employed as a clerk-typist by a company. She requested and was
refused a vacation day. The employers refusal was based on her failure to submit the request at
least two weeks in advance as required by company policy. She announced that she would take
the day anyway, and when she subsequently failed to report for work, was fired for
insubordination, plus the unexcused absence. Jones claimed that the companys real reason for
firing her was a complaint that she had made to her states department of labor concerning
elimination of employee rest breaks.
Explain and evaluate the possible causes of action available to Jones, and identify and explain
the possible defenses available to Jones employer with regard to each cause of action. Integrate
case law and statutory support into your response. (Points : 30)

2.(TCO B) Jaro was a disc jockey for MNLO, a radio station in San Francisco. He initially
broadcasted in only English. The station program director asked him to use some Spanish street
phrases and slang in an effort to attract Hispanic listeners and increase the stations audience.
After reviewing the ratings, the station manager concluded that the use of Spanish on the air
actually decreased the station audience, because it confused listeners as to the nature of the
programming, the rest of which was in English. Jaro was then instructed to broadcast in only
English. Jaro continued to use Spanish while on the air and was ultimately fired. He filed a
complaint alleging Title VII violations based on national origin discrimination. Explain and
analyze the basis for Jaros Title VII complaint, and whether it would result in liability on the
part of the station. Determine the remedies available to Jaro, if any. Use case law to support your
analysis and conclusion. (Points : 30)

3.(TCO C) John worked for Acme as a senior analyst. He suffered a heart attack and took
medical leave from his job. Prior to the heart attack, his supervisor opened a locked drawer in his
work desk and found prescription drugs that were not prescribed to John. The supervisor thought
that John had been acting a bit strangely, but decided that he would confront him about it
later. The supervisor did not confront John before the heart attack.

After six months, John returned to work on a part-time basis. John worked reduced hours for the
next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance
appraisal of all managerial employees and discharged those with the lowest performance ratings.
John, because of his part-time status, had one of the lowest performance ratings. The company
did not look at performance pro-rata based on hours worked. John sued and alleged that he was
wrongfully terminated in violation of the ADA. John alleged that his termination was a result of
his disability. Identify and analyze the potential claims and defenses. Utilize case law to support
your responses and conclusions. (Points : 30)

4.(TCO D) A house-moving company was moving a house and came close to three 7,200 volt
power lines. Fire was observed where the houses lighting rod came too close to one of the power
lines. Two employees were electrocuted and three more were injured. Analyzing the fact pattern,
determine whether the company violated OSHAs general duty clause, or if this was merely an
unfortunate accident. Assuming that passing close to the wires was unavoidable, identify the
steps that the company might have taken to avoid the tragedy. (Points : 30)

5.(TCO E) Julie is a fruit picker and has worked for the same company for three years. Between
April and June 2005, she, along with 300 other fruit pickers, worked at this company. The
workers, including Julie, worked an average of 40 hours per week, five days per week, during the
entire three-month period. Beginning in July, 2005, the workers were required to work a
minimum of 55 hours per week. The workers were not paid overtime for the hours worked in
excess of 40.
Identify and analyze the possible claims that Julie has against her employer. Identify and
evaluate the legal basis for the claim, the potential recovery, and the likelihood of prevailing
against her employer. (Points : 30)

6.(TCO F) The trustee of an ERISA-qualified plan, and also a participant in the plan, denied a
discretionary payment of a lump-sum accrued benefit to a participant who had terminated his
employment. The participant sues, claiming the denial of the discretionary payment is selfdealing. Determine whether the participant will prevail. Articulate the basis for your conclusion,
using applicable case law and statutory authority. (Points : 30)

7.(TCO G) A hiring manager did not properly verify I9 documentation for a new employee. In
fact, the new hires social security card was a forgery, and the INS assessed a fine against the
employer claiming that it knew or should have known that the card was false. Determine
whether this company is liable under the IRCA. Identify and integrate applicable law and
statutory authority to provide validity for your response. (Points : 35)

8.(TCO H) Calvin Black was hired as the manager for a law firm in June 1992. In his first year
in the position, he created a time-keeping system that saved the firm $13,000 per month,
negotiated leases to lower rental payments by $43,000, lowered client disbursement costs by
$200,000, and reduced overtime costs by $40,000. The firms partners gave him a performance
evaluation, stating that they were very satisfied with his performance. He received a raise of
$4,600. After about a year, Black developed a limp. When he consulted a doctor, he was
informed that he had multiple sclerosis. After his diagnosis, he informed his firm and requested
that the firm meet with his doctors to determine what measures could be taken to accommodate
his condition. One partner had one brief meeting with one doctor, who suggested the firm limit
the amount of walking that Black was required to do. The firm made no effort to limit Blacks
walking, to move his office, or to rearrange his job. Instead, the firm assigned additional duties to
him and urged him to cancel his vacation. On one occasion, a partner told him to go home if he
was tired, so he would not wear himself out and become ineffective.
In January 1994, Black was terminated because his condition affected his performance and the
firm claimed that his thinking was not as crisp as it needed it to be. After he was terminated,
Black applied for and was granted disability benefits under the firms insurance policy,
stating that he was unable to work long hours in a stressful job and needed a flexible work
schedule. He then worked as a consultant and enrolled in a graduate program at a local
university. Black brought a lawsuit against the firm under the Americans with Disabilities
Act. The firm argued that Black was precluded from bringing suit because he accepted disability
benefits. Explain how the Court should rule on Blacks claim. Determine whether Black has
made a case under the Americans with Disabilities Act. Assess whether Black can pursue an
ADA claim notwithstanding accepting disability benefits. (Points : 35)

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