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MGT 434 (Employment Law) Complete Class Week 1-5

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MGT 434 Week 1 Individual Assignment Legal Process Paper
John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer.
Resources: EEOC website at http:www.eeoc.gov and the U. S. Court System website at http://www.uscourts.gov .Search with the key words litigation process, mediation process, and dispute resolution.
Prepare a 700- to 1,050-word paper in which you analyze and explain the following discrimination complaint and civil litigation processes as it would potentially apply to John and his employer. In your paper, explain in detail how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the U. S. Supreme Court. Include a discussion on other relevant aspects addressing discrimination complaints and disputes in the workplace.
Format your paper consistent with APA guidelines.

Discussion Questions:
Can your company legally change your job responsibilities, reduce your salary, or assign you to a different department? Explain why or why not. What are the potential legal considerations for the employer in the event of such changes?
What are the differences between employees and independent contractors? Is it possible for an employer to reclassify all of his employees as independent contractors? Explain why or why not.
What are the advantages and disadvantages for both employers and employees of resolving disputes through ADR? Why would a company have an employee sign a commitment to resolve disputes through ADR? What other methods exist for resolving disputes?

Week 2
MGT 434 Week 2 Individual Assignment Employer(Employee) Relations Paper
Prepare a 1,050- to 1,750-word paper in which you identify and analyze the policy differences of one of your team's organizations. Address the treatment of the following:
Regular employees versus temporaries or independent contractors
Exempt employees versus nonexempt employees
Include a discussion on how the employer of a team member responds to its state's laws relating to employment-at-will. Include the manner in which they ensure that any exceptions to employment-at-will existing in their state are addressed.
Formatyou paper consistent with APA guidelines.

Discussion Questions:
What is the value of diversity in the workplace? Should diversity be mandated legally? Why or why not? Explain.
How do Title VII and its amendments protect employees? Are laws necessary to govern ethical treatment of employees? Why or why not? Explain.
What is a BFOQ?  Describe the circumstances under which gender, age, or religion could be a BFOQ. What are some examples of a questionable BFOQ?


Week 3
MGT 434 Week 3 Assignment Title VII Paper
Prepare a 1,000- to 1,250-word paper explaining the scope of Title VII and its applications in the workplace. Address the following items in your paper:
The history and evolution of Title VII and its amendments (PDA, ADA, Adea)
The application of Title VII and amendments in the workplace
Who is covered and not covered under Title VII and its amendments
How disparate impact discrimination and disparate treatment discrimination occur under Title VII and their implications
Policies that companies must have in place to avoid violations of Title VII and its amendments
How the law defines sexual harassment and employers’ responsibilities for addressing employees’ complaints in the work place
Format you paper according to APA standards.

MGT 434 Week 3 Individual Assignment Interactive Simulation Paper
Resource: Preventing Workplace Discrimination Simulation
Complete the simulation Preventing Workplace Discrimination found on the student web page for Week Three and answer the following questions:
What are some measures a company may take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?
Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Explain why or why not. How does the simulation demonstrate these?
Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Explain why or why not. How does the simulation demonstrate this?

Discussion Questions:
Define affirmative action? Which employers are subject to affirmative action laws? What potential affect does affirmative action have on employees and the workplace?

Why has union membership declined in the U. S. since 1955? Do you expect this trend to continue? Explain why or why not. What value may unions offer to workers today?

Acme Company has a zero tolerance policy as it relates to any form of sexual harassment in the workplace. In furtherance of this policy Acme prohibits any “dating” by one employee with any other employee no matter what position either employee holds or in what department they are employed.


Week 4
MGT 434 Week 4 Assignment Labor Relations Project
Happy Trails, LLC. is a medium-sized independent living home, a for-profit facility located in a suburban environment. Due to traffic and road congestion, this eldercare facility is the most convenient independent living home near the city. Independent living homes in the city offer many of the same services as Happy Trails, but are more expensive. The elderly may go to a several hospitals for acute health care issues.
In a response to the changing economy and patient access from the suburban areas to the city, Happy Trails has taken some measures to compete, become more attractive, and build on its long-term care for patients in the surrounding areas. It has reduced overtime allotments of its seasoned patient care staff, and has terminated several registered nurses. As the registered nurses leave Happy Trails, they are replaced by Licensed Practical Nurses (LPNs), who receive lower compensation and fewer benefits.
The health care facilities in the city are unionized and are well represented by an experienced union business agent. The union has recently negotiated superior wages and benefits at the independent living homes in the city.
In terms of the health care professionals employed there, Happy Trails is not so happy now because the union representing the other facilities has received the attention of the Happy Trails LPNs.
Resource: Happy Trails Scenario
Complete a 1,400- to 2,100-word paper that responds to the following questions:
As a Learning Team, you are a group of individuals who are members of a consulting firm. You are responsible for representing these LPNs and advising them regarding the following questions:
The LPNs have asked for your advice:
What would you advise the LPNs to do? Should they unionize? What are the advantages and disadvantages of unionizing at Happy Trials?
What issues might the union raise during the organizing effort?
What steps must the LPNs follow to unionize?
What unfair labor practices need to be avoided by LPNs?
The independent living home management team has asked for your advice:
What would you advise the independent living home management to do? Should they oppose unionization?
What arguments or defenses might the hospital raise to the union’s organizing issues?
If the company elects to resist unionization, what steps must the company follow?
What unfair labor practices need to be avoided by management?

Happy Trails’ management team may engage in any number of activities during the unionization. Which of the following would you advise? Explain why or why not?

Actively promote LPNs, offer bonuses, and place some into leadership and management roles.

Tell employees salary increases must cease to finance the collective bargaining agreement.
Explain current employee benefits to the LPNs, comparing them to the union promises.

Threaten to close the facility due to the union campaign.

Assist in the circulation of antiunion petitions.

Counter union exaggerated claims on flyers.

Tell employees they do not need to talk to union organizers, that they may vote against the union, and that the independent living home does not welcome the union.

Solicit employees to request the return of their authorization cards.

Tell employees they may be replaced if they vote for the union.

Appeal to the employees to defeat the union.

Include a description of the specific labor laws that you included and why.
Discuss your responses to each of the previousquestions and include applicable references.
Format your paper consistent with APA guidelines.

MGT 434 Week 4 Individual Assignment Employee Safety, Health and Affirmative Action Law Paper
Health and Affirmative Action Law Paper MGT 434 Week 4 Individual Assignment - Employee Safety - Health and Affirmative Action Law Paper
Discussion Questions:

What are some of the constitutional protections of privacy?
What privacy rights are afforded to public and private sector employees?
How might privacy rights be waived?
What are some of the performance evaluation methods?
How might these methods be perceived as discriminatory?
How might employers ensure that their performance evaluation process is nondiscriminatory?
What might employers do to help encourage fairness in performance evaluation?
Porter seeks accommodation for a religious practice unique to the Heavenly Masters religion. Porter’s employer has never heard of this religion. In order to determine whether Porter’s demand for accommodation is truly based on religion, what must the employer do?

Week 5
MGT 434 Week 5 Assignment Employee Handbook
Prepare a 1,750-to 2,050-word document in which you create a representation of actual sections of an employee handbook
In addition to describing the company to which the employee handbook applies, also address the issues of privacy, employee or applicant testing, and performance evaluations in the global workplace. This assignment must include, but is not limited to, the consideration of the following questions in drafting your handbook sections:

What privacy rights issues must be addressed?

What must the company’s position be in response to privacy rights issues?

How do your privacy protections limit the company’s liability?

How do your privacy protections enhance employee motivation and productivity?

How would your responses to the previous components differ if this was a public sector employer?    

What are some ethical considerations involved in the design of this section?

What legal considerations must be made as you design your employee testing policies, particularly as you consider the different specific testing that might be done?

What ethical considerations must be made relative to your testing policies?

What legal considerations must be made as you design your performance evaluation section?

What ethical considerations must be included in your determinations as to the design of the performance evaluation section?