Hrm 6103 Employment Law 3: Assessment Answers

Case Problems

1. a) Would their claim involve disparate impact or disparate treatment discrimination?
2. b) What problems may be raised by the “word of mouth” referral system for recruiting new drivers?
3. c) What defenses could Wal-Mart raise in response to their suit?

Case Problems

a) Is More Science High School guilty of violating Title VII’s prohibition on gender discrimination? Explain your answer.

Case Problems

a) Has the employer violated the FMLA by firing Collins? Explain your answer.

Answers:

Case Problems

On these facts, did the hospital violate Title VII by reassigning the plaintiff? Explain.

According to the facts provided based on Title VII which restricts segregation based on race, shading, religion, sex, or national beginning, the plaintiff’s rights were violated in relation to her colour in that she was reassigned on the basis that her colour resembled that of a previous assailant to the Patient X, the case further goes to state that the plaintiff was “by all accounts” a perfectly competent LPN.

Possible the most important general statute concerning employment discrimination, Title VII was established by Congress to guarantee correspondence of business openings by eliminating those practices that segregate on the above-mentioned bases, Kitchen (2017).

Case Problems

Would their claim involve disparate impact or disparate treatment discrimination?

In a Disparate Impact claim an employer has a practice in place that discriminates or bigger affects one gathering more than on another while a disparate treatment claim is a claim in which a representative claim that they have been dealt with uniquely in contrast to different workers in a similar circumstance, Countouris (2016).

According to the facts provided the most suitable suit to follow would be disparate treatment since it can be based on the fact that there was unequal treatment because of a protected characteristic (e.g. race or gender) dissimilar to unique effect where Proving separation based on different effect is by and large troublesome, particularly since there is no single particular limit or test. In this way, each claim is settled on a case-by-case premise and may require extensive factual examination.

b) What problems may be raised by the “word of mouth” referral system for recruiting new drivers?

Exclusive reliance on word of mouth referrals may reinforce the existing racial or ethnic makeup of the work place and should generally be accompanied additional recruitment technique. Representative referral crusades can make irreconcilablesituations for the administration, when they make an appraisal that is conflicting with that of the alluding employee's. For instance, a hopeful being suggested by a worker could be evaluated to be either inadmissible or inadequate for the empty position, Schömann (2014). In such a case, the administration ordinarily winds up making dissatisfaction for the two gatherings by declining procure. All the more significantly, it's association with the right now utilized specialist may take a negative turn. Regardless of whether the applicant is observed to be appropriate and adequately fit the bill for the part, it is highly unlikely that the alluding representative could be held at risk for the execution and direct of the hopeful upon work. We ought to likewise recall that a worker makes a referral for the money related impetus and it is far-fetched that he/she would either have the tendency or time to practice attentiveness in the decisions, Thornthwaite (2016).

In most worker referral battles, the alluding representative can benefit of the motivating force just toward the finish of a base stipulated period. This time slack can undermine the achievement of the referral program. The rate of claims as of late because of displeased workers or disappointed businesses is a troubling pattern. Starting today, laws relating to basic ERC issues are not exceptionally concrete, Tushnet (2017). In this situation, the legitimate procedure can get awkward and expensive for the gatherings included. This is making administrators to reconsider before divulging an ERC in their association. All in all, the favorable circumstances are adjusted by the downsides intrinsic in ERCs. It is most likely an impression of its general adequacy that the training has been in cash in the corporate world for quite a long while now.

c) What defenses could Wal-Mart raise in response to their suit?

According to the criteria provided by Wal-Mart there are no written or objective laws pertaining racial employment. The picked employees are selected on the basis that they have passed the minimum driverqualifications needed by the company and according to Title VII anyone is eligible for employ, Davidov (2016) meant so long as the standards of the employing companies are met. On their defense on the recruiting strategy, “word of mouth” has proven to be a reliable form of job recruitments over the years despite the few cases filed, Deakin (2015). It further goes to state that in addition to the 1-800 cards provided, Potential applicants who call the 1-800 number, paying little respect to the transportation office to which they wish to apply, are at first handled and screened at Wal-Mart's Bentonville home office, this goes to show that there is no discrimination based on race since all applications are addressed, Bonoli (2017).

Case Problems

1. Is More Science High School guilty of violating Title VII’s prohibition on gender discrimination? Explain your answer

No. The teacher performed poorly in her third-year review resulting to her contract extension being terminated and as such there is no evidence implicating the school over the alleged gender discrimination as provided by Title VII. In relation to the basketball coach position, it just happened to be a coincidence in that the coach had chose to resign at the end of the year and a vacant position for boys’ basketball team was available.

Case Problems

Has the employer violated the FMLA by firing Collins? Explain your answer.

FMLA covers qualified specialists. It enables qualified representatives to take up to 12 weeks leave for birth of a kid where they receive no pay, reception, administer to self or life partner with a genuine wellbeing condition, and the call to dynamic obligation. Qualified delegates can take up to 26 weeks leave for the care of their mate, youth, parent, or nearest relative that perseveres through a bona fide disease or harm in the line of dynamic commitment without accepting any installment, Rice (2017).

No. Collins didn’t provide any verbal notice for the need of FMLA coverage or provide any details on the duration of the leave. I believe because of her prior attendance problems, she must have had several formal and informal warnings which was ample enough to get proper paperwork in place and the proper procedure known when FMLA is needed.For this situation, and with the confirmation gave, I don't feel that the business abused the FMLA, on the grounds that Collins didn't give the essential data verbally, or by indicating paperwork. Collins had several informal and formal warnings pertaining to her absenteeism so therefore, Collins had the adequate time to notify her employer of her ongoing illness. Collins would have been covered by FMLA if she would have provided the necessary proof.

References

Rice, L. J. (2017). Employment Law Pitfalls for Solo and Small Firm Practitioners. Md. BJ, 50, 18. https://www.dphlegal.com/employment-solicitors-oxford/

Thornthwaite, L. (2016). Chilling times: social media policies, labour law and employment relations. Asia Pacific Journal of Human Resources, 54(3), 332-351. https://researchers.mq.edu.au/en/publications/chilling-times-social-media-policies-labour-law-and-employment-re. [Accessed date].

Countouris, N. (2016). The changing law of the employment relationship: comparative analyses in the European context. Routledge. https://www.americanbar.org/content/dam/aba/events/gpsolo/2017/2017_summit_brochure_web.authcheckdam.pdf

Kitchen, J. S. (2017). Labour Law and Off-shore Oil. Routledge. https://www.routledge.com/law/products/SCLW28

Bonoli, G. (2017). Labour market and social protection reforms in international perspective: parallel or converging tracks?. Taylor & Francis. https://www.taylorfrancis.com/books/e/.../chapters/10.4324%2F9781315251004-11

Schömann, I. (2014). Labour law reforms in Europe: adjusting employment protection legislation for the worse?. https://www.etui.org/Publications2/Working-Papers/Labour-law-reforms-in-Europe-adjusting-employment-protection-legislation-for-the-worse

Davidov, G. (2016). A Purposive approach to labour law. Oxford University Press. https://global.oup.com/academic/product/a-purposive-approach-to-labour-law-9780198759034?cc=us&lang=en&

Tushnet, M. (2017). Comparative constitutional law. In The Oxford handbook of comparative law. https://global.oup.com/academic/product/the-oxford-handbook-of-comparative-constitutional-law-9780199578610?cc=us&lang=en&