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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.”