Instructor Solution Manual For Employment Law for Business, 10th Edition, Dawn Bennett-Alexander

SolutionManual
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EmploymentLawforBusiness,10thEdition,
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DawnBennett-Alexander, Chapters1 - 16
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,TABLE OF CONTENTS b b




Chapter 1 The Regulation of Employment
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Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal
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Concepts
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Chapter 3 Title VII of the Civil Rights Act of 1964
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Chapter 4 Legal Construction of the Employment Environment Chapter 5 Affirmative
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Action
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Chapter 6 Race and Color Discrimination Chapter
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7 National Origin Discrimination Chapter 8
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Gender Discrimination Chapter 9 Sexual
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Harassment
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Chapter 10 Sexual Orientation and Gender Identity Discrimination Chapter 11
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Religious Discrimination
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Chapter 12 Age Discrimination Chapter 13
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Disability Discrimination
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Chapter 14 The Employee’s Right to Privacy and Management of Personal
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Information

Chapter 15 Labor Law 857
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Chapter 16 Selected Employment Benefits and Protections
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Chapter 1 b

, The Regulation of Employment b b b




Chapter Objective b




The student is introduced to the regulatory environment of the employment relationship. The
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bchapter examines whether regulation is actually necessary or beneficial or if, perhaps, the
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brelationship would fare better with less governmental intervention. The concepts of ―freedom‖ to
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bcontract in the regulatory employment environment and non-compete agreements are discussed.
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bSince the regulations and case law discussed in this text rely on an individual‘s classification as
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an employer or an employee, those definitions are delineated and explored.
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LearningObjectives b




(Click on the icon following the learning objective to be linked to the location in the outlinewhere the
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chapter addresses that particular objective.)
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At the conclusion of this chapter, the students should be able to:
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1. Describe the balance between the freedom to contract and the current regulatory
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environment for employment.
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2. Identify who is subject to which employment laws and understand the implication of eachof
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these laws for both the employer and employee.
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3. Delineate the risks to the employer caused by employee misclassification.
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4. Explain the difference between and employee and an independent contractor and the
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tests that help us in that determination.
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5. Articulate the various ways in which the concept ―employer‖ is defined by the various
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employment-related regulations.
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6. Describe the permissible parameters of non-compete agreements.
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Detailed Chapter Outline b b




Scenarios—Points for Discussion b b

, Scenario One: This scenario offers an opportunity to review the distinctions between an employee
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and an independent contractor discussed in the chapter (see ―The Definition of Employee,‖
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particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it applies to Dalia‘s position.
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In light of the low level of control that Dalia had over her fees and her work process, and the
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limits upon her choice of clients, students should come to the conclusion that Dalia is an employee
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(therefore, eligible to file an unemployment claim), rather than an independent contractor.
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Scenario Two: Soraya would not have a cause of action that would be recognized by the EEOC.
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bReview the section ―The Definition of ‗Employer‘‖ with students, and discuss the rationale that
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bdetermines the status of a supervisor vis-à-vis anti-discrimination legislation. Because Soraya is
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bSoraya‘s supervisor, not her employer, he cannot be the target of an EEOC claim of sexual
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bharassment.

CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or failedto
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bfollow a system for employee redress of discrimination grievances. However, in this case, CCC
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bappears to have a viable anti-discrimination policy that it adhered to diligently; consequently,
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Soraya would be unlikely to win a decision in her favor. The court in Williams v. Banning (1995)
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offered the following rationale for its decision in a similar case:
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―She has an employer who was sensitive and responsive to her complaint. She can take
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comfort in the knowledge that she continues to work for this company, while her harasser
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does not and that the company's prompt action is likely to discourage other would be
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harassers. This is precisely the result Title VII was meant to achieve.‖
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Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
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bfound reasonable by a court, and elaborate the aspects of the agreement that Mya might contest
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as unreasonable (see section below, ―Covenants Not to Compete‖). Does Mya have a persuasive
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bargument that the terms of her non-compete agreement are unreasonable in scope or duration?
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Might she have grounds to claim that the agreement prohibits her from making a living?
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Given the diversity of state laws regulating non-compete agreements, discuss the range of legal
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brestrictions that might apply to Mya‘s particular agreement with her employer. As an
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employeewho works across several states, Mya‘s defense may depend upon the presence—and
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specific language—of a forum selection clause in her non-compete agreement. Consider what
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language would be more likely to provide Nan with a strong defense against the breach of
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contract claim.
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Mya might also argue that the company‘s client list is available through public means, and
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btherefore, her access to this list should not be prohibited. b b b b b b b b b




General Lecture Note for Employment Law Course b b b b b b




In order to teach this course, instructors have found that students must be made to feel relatively
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bcomfortable with their peers. Instructors will be asking the students to be honest and to stay in
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b their truth, even at times when they feel that their opinion on one of these matters will not be
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