Legal Aspects of Human Resource Assignment | Essay Help Services

No sources need No special format for word document Just the question # and answer (A, B, C, or D) 25 multiple choice questions – formatted to be scenarios and choosing the best response PLEASE DISREGARD THE SHORT ANSWER SECTION AT THE END – that section has been completed already

FINAL EXAMINATION
(2 Points Each)
1. ABC Corp. hired Molly as a foreperson in 2017. Molly typically worked the night shift. In June 2019, Molly advised that she is an observant Restuvusarian (religion) and cannot perform any work between the times of 1:45am and 2:45am to observe Festivus (religious holiday). Molly’s supervisor approaches you for guidance. Which one of the following would NOT be appropriate guidance for the supervisor?
A. Confirm whether other employees can perform Molly’s functions during the time period in question.
B. Confirm whether the hiring manager was aware of Molly’s religion at the time of hire.
C. Confirm whether Molly has sufficient break time to cover the Festivus period.
D. Explore the potential impact on business operations.
2. Sally (age 38) files a complaint against ABC Corporation for discrimination on the basis of age after filing a charge of discrimination with the federal Equal Employment Opportunity Commission under the Age Discrimination in Employment Act. Specifically, ABC Corp. eliminated Sally’s position and replaced her with two individuals respectively aged 22 and 26. The likely outcome of the case is?
A. A finding of liability against ABC Corp. because Sally can present a prima facie case of discrimination under the ADEA.
B. A dismissal of Sally’s claims because there is only as 12-year age difference from her successor.
C. A dismissal of Sally’s claim under the ADEA because she is not in a protected class.
D. A finding of liability because ABC Corp. cannot demonstrate a legitimate non-discriminatory reason for its employment action.
3. Michael (homosexual) is hired by Widget, Inc., a private employer that manufactures machine parts and operated by a devout Christian. The owner has spoken out publicly against homosexuality and same sex marriage, albeit not on behalf of Widget.
Widget bans any and all employees from displaying pins, buttons, or any sort of paraphernalia on company uniforms for a variety of reasons, including safety. Michael decides to wear a rainbow pin on his uniform in protest against devout Christian. Peter Peacemaker approaches you to discuss the issue and Michael’s refusal to remove the pin. To avoid any sort of lawsuit or EEOC investigation, your correct advice might include:
A. Michael has a right under the First Amendment to the United States Constitution to protest the owner’s views regarding homosexuality and/or same sex marriage and no action can be taken.
2
B. Although the First Amendment to the United States Constitution does not protect Michael’s speech, the Company should review whether it permits or previously permitted other employees to display similar paraphernalia on uniforms.
C. The First Amendment to the United States Constitution does not protect Michael’s display of a button on his uniform and he is subject to disciplinary action.
D. The First Amendment to the United States Constitution requires separation of church and state and, therefore, Widget’s imposition of its views on Michael must be addressed.
4. Larry works at the Regal Beagle as a porter, earning $400.00 per week on a salary basis. Larry’s work includes, among other responsibilities, general maintenance. Larry files a complaint with the United States Department of Labor alleging violations of the Fair Labor Standards Act alleging unspecified violations under federal law. In determining the risks posed by the action, your questions of management may include.
A. The terms of the agreement Larry reached with his employer prior to the start of his employment.
B. Whether Larry received a position description explaining his duties and responsibilities as a porter.
C. Larry’s possession of protected traits under Title VII or the ADEA.
D. The number of hours worked and whether he received overtime for hours worked in excess of 40 in a workweek.
5. Danny, a machine operator, broke his arm last week and requires two days off for surgery. Danny only started 6 weeks ago but will only be out for 2 days based upon the doctor’s note submitted to the company. Cranky Chris approaches you and advises that he does not want to provide Danny the 2 days off due to his lack of tenure with the company. Your response to Cranky Chris may include.
A. Deny Danny’s request because he is ineligible for leave under the FMLA or any state law due to his short tenure with the company.
B. Grant the leave because Danny has 12 weeks of leave under the FMLA.
C. If the two days off do not pose an undue hardship to the operations, grant the leave.
D. The two days off would be covered by the New Jersey Earned Sick Leave Act.
E. Deny the leave because the company cannot accommodate the absence.
6. HELP WANTED: Cooking oil changer needed for busy grease-pit, college diploma required, and must be willing to work weekends.
The following best describes potential legal issues posed by this job advertisement.
A. The requirement of a college diploma may unnecessarily exclude individuals with learning disabilities and violate the Americans with Disabilities Act.
B. The advertisement fails to adequately explain the responsibilities of the position as required by the National Labor Relations Act.
3
C. The grease-pit is legally required to include the compensation rate or level in the job advertisement.
D. The advertisement discriminates on the basis of religion in violation of Title VII.
7. ABC Corp. employs 100 individuals at various locations within a 25-mile radius. Part-Time Patty works 35 hours per week for 50 weeks each year and has been employed since 1989. She has worked the same schedule and hours for 20 years. Patty falls ill and seeks leave under the Family Medical Leave Act (FMLA). As the HR Administrator you may:
A. Deny Patty’s leave because the FMLA does not provide leave for an employee’s own medical condition.
B. Grant the request because Patty has worked at the company for 20 years.
C. Grant the request because Patty meets all of the prerequisites for leave under the FMLA.
D. Deny the request because ABC Corp. does not employ the minimum number of individuals for coverage under the FMLA.
8. 200 applicants take the qualification exam for the Lilly-White Woods Township Police Department. 96% of the applicants are Caucasian and 4% are African-American. The Police Chief approaches you with concerns about the results. Your advice to the Chief may include which of the following:
A. There is a requirement for affirmative action in safety-sensitive positions such as law enforcement and the results should be re-evaluated.
B. There may be a presumption of discrimination because of the four-fifths rule.
C. Any potential liability would be remote because of the inability of a potential plaintiff to demonstrate “qualification” for the position under the McDonnell-Douglas test.
D. The results likely violate the constitutional rights of the African-American applications as provided under both the Fifth and Fourteenth Amendments.
9. The federal Family Medical Leave Act permits an employee to take paid leave to care for an immediate family member with a serious health condition.
A. True
B. False
10. When approached by an employee for an accommodation it is appropriate to consider the financial impact of the requested accommodation before making a determination.
A. True
B. False
11. Beth is a Buddhist and owns a real estate company in a predominantly Buddhist community where residents generally where traditional garb and outfits. Just by the look of him, you can tell that Jim is Catholic and, moreover has an Irish last name. Although Beth believes
4
Jim possesses adequate skills and is otherwise qualified for the job, she knows Jim will not be able to sell homes effectively to members of the community or to individuals looking to relocate to the community. If Beth approaches you for advice, you may advise her:
A. Refusal to hire Jim on the basis of religion (or non-membership in a religion) may constitute a violation of Title VII since he possesses a protected trait, is otherwise qualified for the position, and will not receive the job.
B. Beth may lawfully deny Jim the position so long as she identifies religion (Buddhism) as a bona fide occupational qualification for the salesperson position.
C. Since Jim is a member of the majority, Title VII provides no protection.
D. Refusal to hire Jim on the basis of religion may constitute a violation of Title VII if Jim can demonstrate that he can perform the functions of the position despite his religion.
12. Sally Slipandfall is a receptionist for ABC Corporation. Her duties include greeting visitors from behind the main desk, answering telephones, and general data entry. One day, Sally comes to work with a physician’s note explaining that Sally is unable to work for the next two weeks due to an injury sustained at a beer-league softball game. The note is fairly non-specific but states that Sally injured her ankle and is physically unable to perform the functions of her position. Ollie Office manager approaches you for guidance on the situation. Your advice may include:
A. Sally sustained the injury off premises at a non-work event and we do not need to grant any leave.
B. Ask Sally for information explaining exactly how an ankle injury impacts her ability to perform the essential functions of her position to determine whether the company can accommodate.
C. The Americans with Disabilities Act prohibits inquiries into medical conditions, and therefore, leave should be granted without question.
D. Take no action since the injury occurred at an event where alcohol was consumed.
13. Quinton Quitter is an attorney who has simply never been satisfied with his job. Quinton works long hours, responds to emails at all hours of the night, receives little recognition for the work he does, works for what he considers intellectually inferior supervisors, and despises his co-workers. Quinton has decided he would make an excellent physician or screenwriter or franchise owner or an excellent anything except an attorney. Quinton walks into Barbara Boss one day and quits on the spot without providing any notice. Barbara Boss can:
A. File suit against Quinton Quitter for terminating his employment without providing two weeks notice in violation of Title VII.
B. File suit against Quinton Quitter for violating the terms of a non-compete agreement.
C. Nothing because the at-will doctrine provides that either the employer or employee may terminate the employment relationship for any reason or no reason at all…so long as it is not for an unlawful reason.
5
D. Nothing because Quinton Quitter is a member of a protected class and any action against him could be deemed retaliation under applicable law.
14. Jim’s Juice Bar, as the name suggests, is a local juice bar in Kenosha. Jim hires 15 employees to staff the juice bar around the clock but, as summer approaches, requires additional help to cover for vacations on miscellaneous days off that the individuals take during the course of the day. Jim creates a “pool” of substitute staff and schedules each one for 25 hours per week ($15.00 per hour) over 10 weeks. Jim interviews, trains, directly supervises the employees, provides an evaluation at the conclusion of the summer, disciplines and rewards the pool employees. At the conclusion of the calendar year, Jim approaches you to determine whether to send out 1099 forms or W-2 forms for tax purposes. You should evaluate which of the following:
A. The extent to which and level of control exercised by Jim over the “pool” substitute staff to determine whether they are properly classified as independent contractors so that they can receive a 1099 form.
B. The level of income earned by the “pool” staff to determine whether they qualify as employees under the FLSA.
C. The demographics of the “pool” staff to determine the extent of any potential claims under employment protection statutes.
D. Whether the pool staff received sufficient income to meet the minimum wage.
15. English Emily owns and operates a facility in Paterson, New Jersey where she draws employees from a diverse set of backgrounds including Hispanic, Bengalese, Pashtun, Arabic, and Balkans. Obviously, the workforce speaks several different languages. Emily is third-generation Italian and is always telling stories about how her ancestors took pride in learning the English language to assimilate into the culture. English Emily believes she should set an example for her workers and require them to speak English when interacting with the public or individuals who do not speak their native tongue. Barry speaks Bengalese and works as the receptionist at the facility, answering telephone calls from the public, greeting visitors, etc. However, when Barry is in the breakroom he speaks Bengalese with his co-workers. Sammy Supervisor understands English Emily’s directive and does not enforce the policy when Barry or others are speaking to each other in their native language when on break or working with a fellow native language speaker. Emily approaches you to discuss. Your conclusions may be:
A. English-only rules are unlawful as a matter of law and the EEOC is likely to penalize the company.
B. The policy appears to be properly tailored to address legitimate business needs since it requires English only where the individual is interacting with the public or others who do not speak their native tongue.
C. The company must permit the employee to speak her/his native tongue at all times in the workplace.
D. The company may further require the employees to speak English only during break times.
6
16. Xavier runs a custodial operation where all employees perform basic maintenance services for customers, e.g., garbage removal, vacuuming, sweeping, mopping, dusting, and other cleaning related services. Xavier prefers certainty in his labor costs and employs all custodians at a flat-salary of $400.00 per week rather than by the hour. Xavier closely monitors hours and keeps them at 30 hours per week. Nagging Nancy has had enough. She works closer to 35-38 hours per week and runs to the Department of Labor to recover for those wages. Xavier approaches you for advice which may include:
A. The company should pay Nancy at a premium rate for the hours over 30 worked each workweek.
B. The company complies with the FLSA since there are no minimum wage violations and overtime is not required in this scenario.
C. The company is required to pay the employee by the hour under the FLSA and New Jersey state law.
D. The company violated the minimum wage laws but there are no overtime violations.
17. Betty Boss runs the show at ABC Corp. Although she does not own the company, she hires, fires, trains, conducts performance evaluations, and controls the day-to-day operations at the company. She earns $500 per week and is generally very happy with her job. Betty works very long hours, 50 hours per week and does not track her time. She sees room for growth and potential ownership opportunity down the road. The United States Department of Labor comes to ABC Corp. to audit the company. Ollie Owner approaches you as the HR Director for a preliminary assessment as to Betty Boss. Your conclusions may include:
A. Since Betty Boss does not earn the weekly minimum, she does not qualify for any applicable exemption under the FLSA.
B. Since Betty Boss exercises supervisory authority, she qualifies as an executive employee and is therefore exempt from the overtime requirements of the FLSA.
C. Since Betty Boss is an owner, she does not qualify as an employee under the FLSA.
D. Since Betty Boss earns at least the weekly minimum, she qualifies for the executive exemption under the FLSA.
18. Helping Hands, a not-for-profit, employs aides in various capacities to assist the disabled. Ann knows how much she earns per hour and tells her employer each week exactly how much she should be paid. The company does not keep any record of the telephone call and simply issues the paycheck. The agency always pays the minimum wage and overtime for all hours worked. Helping Hands trusts its employees and simply processes the pay as requested by the aides. In the event the Department of Labor conducts an audit. There is likely to be:
A. Violations for failure to demonstrate applicability of an exemption.
B. No violation since Helping Hands always pays overtime.
C. No violation since Helping Hands always pays minimum wage and overtime.
D. Violations for failing to maintain time records on non-exempt employees.
7
19. Dermot (Irish immigrant) has had enough with Salvatore (Italian), his boss. Aside from the fact that Dermot is personally disgusted by Salvatore’s ethnicity, he perceives Salvatore to be unwelcoming for individuals of his national origin. A job opening appeared for a line supervisor that reports directly to Salvatore. Dermot decides to not even bother applying for the position (for which he was qualified). Salvatore hired Dominic (Italian) for the position. Dermot consults with an attorney to file a national origin discrimination suit under Title VII. Your company’s in-house attorney approaches you to discuss the situation as the HR director. Your response may include:
A. Dermot cannot bring a claim because he is prejudice against Italians.
B. Salvatore must undergo EEO/sensitivity training in light of Dermot’s complaint.
C. Dermot never applied for the position, cannot identify an adverse employment action, and therefore cannot state a prima facie case of discrimination.
D. Dermot is a member of a protected class, was qualified for the position, did not receive the position, and the position was filled by someone outside his protected class…so he can state a prima facie case of discrimination.
20. ABC Corp. runs a printing press that requires manual operation of the machinery. The company is rather small and financially cannot replace the machine because it would put ABC Corp. out of business to buy a replacement. The printing press is designed for an individual to use both index fingers to operate. Only index fingers can be used because of the machine’s design and prosthetic fingers do not work either because of the heat generated by the machine will melt prosthetics. Sebastian is a firework enthusiast who lost all fingers in a bottle-rocket mishap last year. He applies for the job (the only job open/available) but Observant Olive sees Sebastian’s fingers – or lack thereof – and denies him the position on the spot. Sebastian files a complaint with the EEOC alleging that the company discriminated against him on the basis of disability. Observant Olive asks for your opinion which may be:
A. The company cannot deny employment to Sebastian on the basis of his disability under any circumstance.
B. The company must purchase an updated printing press to accommodate Sebastian.
C. Sebastian is not able to perform the essential functions of the position and no accommodation can be made.
D. The company should hire Sebastian for the position but have him perform other jobs that do not require fingers to perform the essential functions.
Hacking Harry started work for Owen’s Home Nursery Operation (“OHNO”) as a clerk (working 30 hours per week) on January 12, 2020. OHNO employs a total of 75 employees at a location in Jersey City, New Jersey. At the start of his employment, OHNO provides Harry with the New Jersey Earned Sick Leave Notice together with the policy which provides for accrual of paid sick leave at a rate of 1 hour for every 30 hours worked. The Company, however, follows all other permissible restrictions, notice requirements, etc., under the statute. OHNO sets its benefit year from January 1 to December 31. On April 12, 2020, Harry experiences a hacking cough and schedules an appointment for a COVID-19 test. Harry misses three (3) days of work while experiencing those symptoms.
8
After the exam, Harry is not diagnosed with COVID-19, however, the illness takes a physical toll on Harry, though he continues to work his regularly scheduled hours. In February 2021, Harry again experiences pulmonary symptoms and requires time off from work for a surgical procedure. Harry is the only clerk employed by OHNO at the time of the procedure.
USE FACT PATTERN ABOVE FOR NEXT 3 QUESTIONS
21. On April 15, 2020, Harry requests payment for the three (3) days he missed for the illness related to the COVID-19 symptoms. The Manager approaches you for guidance on whether to issue payment to Harry for those three (3) days of work. Your response would be:
A. OHNO hired Harry on January 12, 2020 and, the requested pay for absences occurred 90 or more days after his hire date, the Company must pay Harry under the New Jersey Earned Sick Leave Act.
B. OHNO is not obligated to pay Harry under the New Jersey Earned Sick Leave Act; however, it must pay Harry up to a certain amount for time missed under the Emergency Paid Sick Leave section of the Families First Coronavirus Response Act.
C. OHNO is not obligated to pay Harry any monies under the New Jersey Earned Sick Leave Act because Harry did not work 120 days at the time of the request.
D. OHNO is obligated to pay Harry under the New Jersey Earned Sick Leave Act or the Emergency Paid Sick Leave section of the Families First Coronavirus Response Act because Harry was never diagnosed with COVID-19.
22. In February 2021, Harry asks for 6 weeks off for the surgical procedure and recovery. Manny Manager approaches you as the Human Resources representative to determine how to approach the situation. Manny specifically asks whether the Company must provide Harry with the time off under applicable law. Your response would be:
A. The six (6) weeks of leave is protected under the federal Family and Medical Leave Act because OHNO is covered by the Act and Harry meets the eligibility requirements; however, Harry’s request is not covered under the New Jersey Family Leave Act.
B. The six (6) weeks of leave is protected under the New Jersey Family Leave Act because OHNO is covered by the Act and Harry meets the eligibility requirements; however, Harry’s request is not covered under the federal Family and Medical Leave Act.
C. The six (6) weeks of leave is protected under both the federal Family and Medical Leave Act and the New Jersey Family Leave Act because OHNO is a covered employer, Harry meets the eligibility requirements, and the time will run concurrently.
D. The six (6) weeks of leave is protected under neither the federal Family and Medical Leave Act nor the New Jersey Family Leave Act; however, the Company has
9
obligations to accommodate Harry under the Americans with Disabilities Act and the New Jersey Law Against Discrimination.
23. Harry has not missed any work in the remainder of 2020 or in 2021. On February 1, 2021, Harry’s physician schedules his surgery for February 14, 2020. Additionally, Harry needs to check-into the hospital on February 9, 2020 to have blood-drawn (all appointments which he completes off work hours). After his blood is drawn, Harry approaches Manny to ask about payment for the days he is going to miss due to the surgery. Your response may include:
A. The Company is not obligated to pay Harry for any time off because the New Jersey Family Leave Act, the federal Family and Medical Leave Act, and the Americans with Disabilities Act do not provide for paid leave.
B. The Company must pay Harry for all time off because, although leave under the federal Family and Medical Leave Act is unpaid, the New Jersey Earned Sick Leave Act requires payment for this covered absence.
C. The Company must pay Harry for all time off because the illness appears to be related to COVID-19 and covered under the Emergency Paid Sick Leave section of the Families First Coronavirus Response Act.
D. The Company is not obligated to pay Harry for any time off because, if the Company implemented the permissible notice requirements under the New Jersey Earned Sick Leave Act, Harry failed to abide by those provisions and any time off under the federal Family and Medical Leave Act is unpaid.
24. Nasty Nick simply cannot stand accommodating flexible schedules for employees with childcare issues. Understanding the legal restrictions, Nick implements a gender-neutral policy that schedules are set and no changes can be made to accommodate child-care needs. An employee files a claim with the EEOC alleging discrimination on the basis of gender (female) and Nick claims that the policy is neutral. The CEO approaches you for input. You may tell the CEO:
A. Since the policy is gender-neutral, the claim is defensible.
B. Because Nick had unlawful motivations, the EEOC will strike the policy and find liability.
C. Although the policy is gender-neutral, if the policy disproportionately impacts females in a negative manner, the EEOC may find liability.
D. So long as the policy is gender-neutral and clearly communicated to the workforce and applicants, there can be no liability under Title VII.
25. The United States Department of Labor, the agency that enforces the federal Fair Labor Standards Act conducts an audit of ABC Corp.’s operations. ABC Corp. is located in Teaneck, New Jersey, employs 525 individuals, and is covered by the Fair Labor Standards Act. Jim earns $8.25 per hour and complained about the Company’s failure to pay him for 5 minutes wherein he left lunch early to complete some work during 3 specific workweeks. The United States Department of Labor requests the time and payroll records for those very 3 weeks and determines the following: (1) the Company failed to pay Jim for those 15
10
minutes during each of the three weeks; (2) the total time worked for Jim during each of those weeks was 38 hours and 25 minutes; and (3) the Company actually accurately recorded Jim not working those minutes. Manny approaches you for advice on the matter as to the potential outcome. Your advice may include.
A. The United States Department of Labor is likely to issue violations for failure to pay Jim the applicable federal minimum wage.
B. The United States Department of Labor is likely to issue violations for failure to pay Jim for all hours worked.
C. The United States Department of Labor is unlikely to issue any violations because the Company paid Jim the applicable minimum wage and there are no overtime or record keeping violations.
D. The United States Department of Labor is unlikely to issue any violations because the Company paid Jim the applicable minimum wage, there are no overtime violations, and the amount of time unpaid is insignificant or de minimis under the law.
SHORT ANSWER (25 Points Each):
1. Terry Tenure has been with the company for 35 years and is now 62 years old. Terry’s performance has declined drastically over the past 7 years. However, Terry’s supervisor, Jovial Jimmy, gives Terry a pass at every opportunity. Terry undeservedly receives “exceeds expectations” on every performance evaluation, receives the highest raises in the unit, does little work, and lets everyone know about it. Specifically, the following is true:
• All employees have a weekly widget manufacturing quota of 60 (12 per day).
o All employees meet that quota, except for Terry who has only hit 52 one week during the past two years.
o Another employee who failed to meet quota last year (a 23-year old whose protected traits otherwise match those of Terry Tenure) went through a progressive disciplinary process (verbal counseling, written discipline, performance improvement plan, and final written warning) before a termination for the failure.
• All employees receive a 30-minute paid break.
o All employees abide by that 30-minute break except Terry, who frequently shoots the breeze with people in administration after the conclusion of lunch.
11
o The other employee (Carl) who abused break privileges, was fired after he received a verbal counseling, written discipline, performance improvement plan, and final written warning for violating the rule.
• Salary increases are based upon productivity (i.e., widgets manufactured).
o Despite being the worst, Terry always receives the highest increase.
o Other employees who fail to meet the quota, have traditionally seen a decrease in pay rate.
• Terry shows up at whatever time Terry chooses.
o Terry does not observe the company’s timekeeping requirements (e.g., punch-in, lunch out, lunch-in, and punch-out).
o Other employees that violate this policy have received a verbal counseling, written warning, performance improvement plan, final written warning, and then a termination if the conduct does not change.
Terry causes quite the stir on the unit.
Annie Accountable is now the CEO and has become aware of this problem. Annie understands the legal risks associated with terminating an employee in a protected class but the situation is just unfair to everyone else and completely untenable. The unit has already lost 5 employees who resigned because they need to cover Terry’s work. Annie has relieved Jovial Jimmy of his managerial responsibilities and placed you in charge.
There is NO TIMELINE on addressing these issues but Terry Tenure advised that he plans to retire in 5 years. Please provide a WRITTEN PLAN on how you would address these issues in order to have Terry Tenure perform at a level acceptable to the company. Your plan must include an explanation of the potential claims that Terry Tenure could assert and the facts/circumstances that would support the claim and how your WRITTEN PLAN would counter any such claim. Remember, Annie Accountable did not ask you to terminate Terry Tenure (although it may come to that).
The WRITTEN PLAN can be bullet-points/not in complete sentences in an outline form that identifies the behavior seeking to be corrected, the risks with doing so, and your suggestions/plan for correcting the behavior.
2. See Attached Cover Memo with assignment.