HRM 593 Employment Law

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HRM 593 Week 1 You Decide Assignment
HRM 593 Week 2 Tutorial Assignment: Disparate Impact and Disparate Treatment
HRM 593 Week 3 Tutorial Assignment
HRM 593 Week 4 Midterm Exam
HRM 593 Week 6 Tutorial Assignment: FSLA Claim
HRM 593 Week 7 Evolution of Affirmative Action Paper
HRM 593 Week 8 Final Exam (Version 1)
HRM 593 Week 8 Final Exam (Version 2)

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HRM 593 All Course Assignments + Midterm + Final Exam
Price: USD 78

HRM 593 All Assignments Week 1, 2, 3, 6, 7

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HRM 593 Week 1 You Decide Assignment

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HRM 593 Week 2 Tutorial Assignment; Disparate Impact & Disparate

Treatment
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HRM 593 Week 3 Tutorial Assignment

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HRM 593 Week 6 Tutorial Assignment; FSLA Claim

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HRM 593 Week 7 Evolution of Affimartive Action Paper

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HRM 593 Midterm + Final Exam (Package)

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HRM 593 Week 4 Midterm Solutions
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1. Question : (TCO B) Porter, Co. has recently instituted a policy of promoting only from within its
employee pool. For years, the company hired for advanced positions internally and externally. At the
time when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of
200 individuals was 80% male and 20% female. The available labor pool of 3,000 qualified individuals
from which Porter, Co. might recruit for advanced positions, were it looking outside as well as within,
was 50% male and 50% female. Should Porter, Co. have any cause for concern over the legality of the

new promotions policy? Explain in detail and support your conclusion with analysis of potential legal
liability, suggested revisions, and explanation of possible consequences.
2. Question : (TCO H) Kramer, a African-American male, enters into an employment contract with
Bonzai Consulting for a three-year term. Shortly after the commencement of the term, it was made clear
to Kramer by some of his Caucasian colleagues that he was not welcome. Kramer was frequently locked
out of his office, his work was sabotaged, and his mail was intercepted and destroyed. All of these
actions rendered him ineffective and led to his eventual dismissal. Kramer sues. Analyze the cause of
action, legal basis for his claim, the viability of his claim, measures that should have been taken by the
company to minimize or avoid liability, and use applicable law to support your response and conclusion.
3. Question : (TCO A) Pugh worked for See's Candies, Inc. for 32 years. He had started out as a
dishwasher, worked his way up to vice president of production, and was also on the Board of Directors.
When he was hired, he was told by the president and general manager, "If you are loyal and do a good
job, your future is secure." The president had a policy of only terminating employees for good cause,
and that policy was continued by his successor. During the entire period of Pugh's employment, his
performance had never been formally evaluated or criticized, and he was never denied a raise or bonus.
After the company had set sales records for the Christmas and Valentine's Day seasons, Pugh was called
into the president's office and told that he was fired. He was not given a reason for his discharge, but he
suspects that he was fired because he objected to the sweetheart relationship that the company had with
the union representing its workers. Does Pugh have a cause of action for wrongful discharge? If so, what
could the company have done to minimize exposure?

HRM 593 Final Exam (2 Different Versions)

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HRM 593 Final Exam (Version 1)

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1. Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager,
Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a
separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused
Carlas request to create a no-smoking area in the office and he refused her request to be moved back to
the separate room. After four weeks of breathing secondhand smoke, Carla quit. What, if any, recourse
does Carla have against her former employer? Explain the possible legal theories for recovery, if any.
2. Mary Smith was an employee of Thomas Contracts, a pipeline construction company. Mary was
supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with
Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her
performance since the affair began.
Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender
discrimination, sex discrimination, and in violation of Title VII. Analyze and determine what important
facts you would need to know in order to ascertain Marys likelihood of success here.
3. An ambulance service transports disabled individuals on a non-emergency basis. Jane was hired as a
night dispatcher. She worked at home, and was required to be on duty to take calls for service from 5:00
p.m. to 8:00 a.m., Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She
was paid $550 per month. She was not given any special training, she was simply instructed how to fill
in record sheets, and how to call the ambulance crew to notify them of the service request. Jane was free
to engage in personal business as long as it did not interfere with the calls, and was able to leave her
home as long as she made sure that someone was available to answer the phone.
The ambulance company claimed that Jane was an independent contractor and was exempt from the
FLSAs overtime and wage requirements. Jane filed suit to collect overtime and minimum wage back
pay under the FLSA. Determine whether she will succeed. If you determine that she will succeed,
explain the remedies available. Support your position with any applicable laws.
4. A & Z, Co. had a workplace policy of prohibiting the hiring of family members of current employees.
On a number of occasions, however, the male children of current male employees had been hired, but no
female children had ever been hired, even though many applied. Also, no children, male or female, of
any current female employee, had ever been hired, even though, again, many had applied.
The female child of a current male employee files a lawsuit. Determine the legal basis for the claim and
assess the likelihood of prevailing against A & Z, Co. Also from an employer perspective, what
suggestions would you make in terms of best practices to minimize future legal liability? Utilize
applicable law in your response if possible.
5. After noticing some items stolen from the store, a manager asked an employee, Frank, to take a
polygraph test. Frank refused, claiming that he did not steal anything and he was asserting his rights of
privacy to not assert to the test. Frank also reminded Jeff that he did not have access to the area where

the stolen items were kept. Jeff, while reminding Frank that employees have no right to privacy in the
workplace, fired Frank because he refused to take the polygraph test. Frank intends to file suit. Assess
the likelihood that Frank will prevail in the suit.
6. 39-year-old Jim, who works for a new 5 year company that employs 30 individuals, feels that he is
being discriminated against at work because of his age. Besides the CEO, he is the only other employee
who is over the age of 30. Despite a stellar work record, he has recently been demoted and he often
hears other employees referring to anyone over 30 as over-the-hill. Jim feels very uncomfortable at
work. Assess whether Jim can bring a valid claim of age discrimination in this situation. What will the
employer say in its defense? Give some management tips to this company as it relates to avoiding age
related claims in the future. (Points : 50)

HRM 593 Final Exam (Version 2)

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1. (TCO A) Nix has worked for ABC, Inc. for ten years. During the entire period of Nixs employment,
his performance had never been formally evaluated or criticized; he was never denied a raise or bonus.
The company was doing extremely well, constantly hiring new employees. During the busiest time of
the year, Nix told his boss that he had jury duty. Nix attended jury duty. Nix was terminated for refusing
to decline to appear for jury duty. Even though the term of Nixs employment is not specified by
contract, does Nix have a cause of action against his employer arising out of the termination? Identify
and analyze the possible causes of action available to Nix and the likelihood of prevailing in the
litigation. Utilize applicable law to support your conclusions.
2. (TCO B) Denora Sarin, a Cambodian immigrant and a practicing Buddhist, was employed as a
systems engineer with Raytheon Company. Shortly after Sarin was assigned to work on a particular
project, Goldberg, one of the workers, approached and taunted Sarin saying, Whats Buddhism? What
kind of Buddha do you worshipthe skinny Buddha or the fat one? I want to fight you. You dont fight
me back. Sarin also claimed to be physically harassed by another employee, but after Sarin reported the
conduct to his supervisor, it was not repeated.
3. (TCO C) Matt worked for CTE as a management analyst. Matt suffered a heart attack and took
medical leave from his job. Prior to the heart attack, his supervisor opened his locked drawer at work
and found prescription drugs that were not prescribed to Matt. The supervisor thought Matt had been
acting a bit strangely but decided he would confront him about it later. The supervisor did not confront
Matt before the heart attack.
After six months, Matt was able to return to work on a part-time basis. Matt worked reduced hours for
the next year. CTE was forced to reduce its workforce to cut costs. CTE conducted a performance
appraisal of all managerial employees and discharged those with the lowest performance ratings. Matt,
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. Matt sued and alleged that he was wrongfully terminated
in violation of the ADA. Matt 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.
4. (TCO D) A wrecking and heavy moving firm was moving a barn. As the barn was being towed across
a field, it came close to three 7,200 volt power lines. A ball of fire was observed where the barns
lighting rod either came to close to or actually touched, 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 was this 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) Jerry Swanson owned Swanson Custom Cabinets. He works exclusively for Custom
Kitchen Designs, Inc., building all of the cabinets for their clients. Mr. Swanson was injured on the job
and filed a workers compensation claim which listed Custom Kitchen Designs as his employer. Based
upon the foregoing, will Mr. Swanson be deemed an employee or an independent contractor? Analyze
the fact pattern in conjunction with the legal factors that impact the employee versus independent
contractor determination. Determine and explain the implications of this determination on Mr.
Swansons workers compensation claim. Incorporate applicable law as you analyze and interpret the
scenario in conjunction with the legal elements of the claims.
6. (TCO F) The retirees were employed by White Farms while the company was an affiliate of the
White Motor Corporation. The dispute concerned the White Motor Corporation Insurance Plan for
Salaried Employees, a non-funded, noncontributory benefit plan that provided life, health, and welfare
insurance, prescription drugs, hearing aid benefits, and dental care to retirees and their eligible
dependents. White Motor employees periodically received booklets describing their benefits under these
plans.

The 1980 booklet described insurance provided and carried the explicit disclaimer that it was not the
contract of insurance. The booklet differentiated between different categories of salaried employees and
appeared to have been prepared for distribution to both active and retired employees.
The 1985 booklet was addressed specifically to retired employees. Much of the information in the
booklet made no distinction between the Welfare Benefit Plan and the Pension Plan, and its summary of
an alleged cancellation clause referred to both plans:
The Company fully intends to continue your plans indefinitely. However, the Company does reserve
the right to change the Plans, and, if necessary to discontinue them. If it is necessary to discontinue the
Pension Plan, the assets of the Pension Fund will be used to provide benefits according to the Plan
document.
No similar clause appeared in the 1980booklet.
While the company was undergoing court supervised reorganization under Chapter 11 of the Bankruptcy
Code, it decided to discontinue its noncontributory insurance coverage for its retired employees.
On the basis of the facts presented, assess whether the company is free to discontinue its noncontributory insurance coverage for its retired employees. Explain your conclusion and use applicable law to
support your response.
7. (TCO G) Gomez, the hiring manager at a Sizzler restaurant in Arizona, extended an offer to
Rodriquez after having a long-distance telephone conversation with him while Rodriquez was in
California working for a Sizzler restaurant there. On Rodriquezs arrival, Gomez asked to see evidence
of Rodriquezs authorization to work in the United States. Rodriquez offered a drivers license and what
looked like a Social Security card. Gomez did not look at the back of the card nor compare it to the
example in the Immigration and Naturalization handbook. In fact, Rodriquezs card was a forgery, and
the INS has assessed a fine against Sizzler restaurant, claiming that Gomez knew or should have known
that the card was false. Determine whether Sizzler is liable under the IRCA. Identify and integrate
applicable law and statutory authority to provide validity for your response.
8. (TCO H) A & Z, Co. had a workplace policy of prohibiting the hiring of family members of current
employees. On a number of occasions, however, the male children of current male employees had been
hired, but no female children have ever been hired, even though many applied. Also, no children, male
or female, of any current female employee, had ever been hired, even though, again, many had applied.
The female child of a current male employee files a lawsuit. Determine the legal basis for the claim and
assess the likelihood of prevailing against A & Z, Co. From an employer perspective, what suggestions
would you make in terms of best practices to minimize future legal liability? Utilize applicable law in
your response.

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