Take a final exam.\t\u00a0\tMGT 434 Final Examination\tWelcome to the MGT434, Employment Law, final exam.\u00a0 You are to answer 5 of the following 9 questions with responses of at least 200 words and post your final exam to the Assignments link.\t\u00a0\t\u00a0\tJenner began working for Encyclopedia Britannica as a part-times sales representative in 1983. Her position required selling Encyclopedia Britannica’s educational products. Until 1995, she worked as a part-times sales representative and then a district manager for Encyclopedia Britannica.\u00a0 In 1995, Encyclopedia Britannica decided to separate the parent division from the school and library division and reorganize its sales force by “outsourcing:”\ufffd contracting with individual “regional directors”\ufffd who would in turn contract with individual sales representatives.\u00a0\u00a0 The same people who had worked for Encyclopedia Britannica under the previous arrangement filled many of the positions under the new structure, in which branch managers became separately incorporated regional directors and district managers while sales representatives took positions with the newly formed companies.\u00a0\t\u00a0\tJenner signed a contract with Lee, a former Encyclopedia Britannica branch manager who had formed her own corporation and gathered a sales force comprised largely of former Encyclopedia Britannica sales representatives.\u00a0 Jenner eventually became a territory coordinator, a position slightly above sales representative but still reporting to Lee.\u00a0 In 1998, Jenner was told that she was losing her territory and would no longer be selling Encyclopedia Britannica products.\u00a0 Jenner sued Encyclopedia Britannica, claiming that the loss of her territory was effectively a termination.\u00a0 Was her suit successful, i.e., was Jenner an employee or an independent contractor?\u00a0 Why?\t\u00a0\tDuring the interview Gale had with Leslie Accounting Firm, Gale was asked whether she had any children, whether she planned to have any more children, to what church she belonged and what her husband did for a living.\u00a0 Are these questions illegal? Why or why not?\t\u00a0\tAn over-forty employee of the New York Transit Authority is denied a promotion to station supervisor after he refuses to submit to an electrocardiogram (EKG) as part of a physical.\u00a0 The NYTA required the physical, and therefore the EKG’s, for all supervisory position candidates who were under forty and who had problematic medical histories, as well all candidates over forty.\u00a0 The NYTA contended that the examination and test were necessary because of the physical demands of the position.\u00a0 It also argued that people over forty have an increased risk of heart disease, hence the EKG requirement.\u00a0 How would you determine whether this employee should be required to undergo the test?\t\u00a0\tDave comes into the office and says to Sue:\u00a0 “Good morning!\u00a0 You look great today!\u00a0 Oops, I’d better not say that.\u00a0 That’s sexual harassment.”\ufffd\u00a0 Is Dave correct?\u00a0 Explain.\t\u00a0\tAt the end of all her written communications, an employee writes, “have a blessed day.”\ufffd One of employer’s most important clients requests that employee not do so, and employer asks employee to stop.\u00a0 Employee refuses, saying it is a part of her religion.\u00a0 If employee sues the employer for religious discrimination, then is she likely to win?\u00a0 Why or why not?\t\u00a0\tBetsy was an employee in a bank’s Demand Services Department.\u00a0 She suffered from dysthymia, a form of depression, along with phobia and bouts of more intense depression. Over several years, she was absent from work on a relatively frequent basis. The employer discharged her after continuing absences following two periods of probation for absences from work. She was discharged the day after she had called in that she would be absent because of “depression again.”\ufffd\u00a0 Should Betsy’s condition be considered a “disability?”\ufffd If so, what, if any, accommodations could have been made for Betsy? Do you believe her discharge violates the ADA?\t\u00a0\tAnswer two of the following questions:\tCan race or gender be the only factor in an employment decision?\t\u00a0\tIf race or gender can be the only factor in an employment decision, how long can it be a factor?\t\u00a0\tWhat is the difference between an affirmative action goal and a quota, or is there one?\t\u00a0\tWhat is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?\t\u00a0\tMichael Jamison was a police officer with the City of Jamesville, Missouri Police Department.\u00a0 After working there for four years, he was appointed Jamesville’s Acting Chief of Police.\u00a0 One year later, Smith was appointed Mayor and Robinson succeeded Jamison as Permanent Chief of Police.\u00a0 Jamison and Smith did not have a good relationship; Smith instituted disciplinary proceedings against him and fired him on several occasions (but the Jamesville Board overturned the decisions each time).\u00a0 After Smith heard a rumor that Jamison was associating with a reputed drug dealer, she ordered that Jamison undergo urinalysis testing and told him that failure to comply would result in serious disciplinary actions.\u00a0 The Order requiring the testing stated that Smith understood this rumor to mean that Jamison was involved in “some type of illegal drug use and\/or abuse.”\ufffd Jamison complied with her order and all tests were found to be negative.\u00a0 However, Smith’s Order remained in Jamison’s personnel file.\u00a0 When he later left the Department and sought work elsewhere, Jamison was unable to find employment as a result of this Order in his file.\u00a0 Jamison filed suit claiming damages as a result of the City’s wrongful and vengeful testing program.\u00a0 Will he win?\u00a0 Why or why not?<\/p>\n","protected":false},"excerpt":{"rendered":"
Take a final exam. \u00a0 MGT 434 Final Examination Welcome to the MGT434, Employment Law, final exam.\u00a0 You are to answer 5 of the following 9 questions with responses of at least 200 words and post your final exam to Read More …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-227917","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/227917","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/comments?post=227917"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/227917\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=227917"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=227917"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=227917"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}