MGT 434 Week 5 Final Exam

 

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MGT 434 Week 5 Final ExamMGT/434 Final Exam

Welcome to the MGT/434, Employment Law, final exam. You need to answer 4 of the
following 9 questions (including sub-questions, if any) with responses of at
least 200 words and post your final exam to the Final Exam link. Each response
is worth 3 points. You will need to number your responses with the
corresponding number below. Without the correct number, you will not earn
credit for your response. Although APA formatting is NOT required, please
ensure you put your name at the top of
your answer sheet. Make sure that you provide the rule of law raised by the
issue in each question, apply the elements of the law to the facts in the
scenario, and conclude with an answer to the question asked. Your final exam
submission should be posted not later than Monday.

1. Jenner 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. In
1995, Encyclopedia Britannica decided to separate the parent division from the
school and library division and reorganize its sales force by "outsourcing:"
contracting with individual "regional directors" who would in turn
contract with individual sales representatives. 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.Jenner 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. Jenner eventually became a territory
coordinator, a position slightly above sales representative but still reporting
to Lee. In 1998, Jenner was told that she was losing her territory and would no
longer be selling Encyclopedia Britannica products. Jenner sued Encyclopedia
Britannica, claiming that the loss of her territory was effectively a
termination. Was her suit successful, i.e., was Jenner an employee or an
independent contractor? Why?

2. During 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. Are these questions illegal?
Why or why not?

3. An 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. 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. The NYTA contended that the examination and test were necessary because
of the physical demands of the position. It also argued that people over forty
have an increased risk of heart disease, hence the EKG requirement. How would
you determine whether this employee should be required to undergo the test?

4. Dave comes into the office and says to Sue: "Good morning! You look
great today! Oops, I'd better not say that. That's sexual harassment." Is
Dave correct? Explain.

5. At the end of all her written communications, an employee writes, "have
a blessed day." One of employer's most important clients requests that
employee not do so, and employer asks employee to stop. Employee refuses,
saying it is a part of her religion. If employee sues the employer for
religious discrimination, then is she likely to win? Why or why not?

6. Betsy was an
employee in a bank's Demand Services Department. 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." Should
Betsy's condition be considered a "disability?" If so, what, if any,
accommodations could have been made for Betsy? Do you believe her discharge
violates the ADA?

7. Answer two of the following questions:a. Can race or gender be the only factor
in an employment decision?b. If race or gender can be the only
factor in an employment decision, how long can it be a factor?c. What is the difference between an
affirmative action goal and a quota, or is there one?d. What is the proper comparison to
determine if there is an underrepresentation of women or minorities in the
workplace?

8. Michael Jamison was a police officer with the City of Jamesville, Missouri
Police Department. After working there for four years, he was appointed
Jamesville's Acting Chief of Police. One year later, Smith was appointed Mayor
and Robinson succeeded Jamison as Permanent Chief of Police. 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). 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. 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." Jamison complied with her order and all
tests were found to be negative. However, Smith's Order remained in Jamison's
personnel file. 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.
Jamison filed suit claiming damages as a result of the City's wrongful and
vengeful testing program. Will he win? Why or why not?

9. Which of the following statements would be acceptable in a performance
evaluation? Why or why not?·        
"Even though Jacquie was out on a few religious
retreats, she exceeded June sales goals by 10%."·        
"Although a new, young college graduate, Spiro was
very capable in leading the sales meeting."·        
"Despite time off for medical leaves, Renee was able
to surpass productivity of many of her colleagues."







































·        
"Though a bit tough to understand, Margeaux has
received excellent reviews for her customer service." 
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