SOLUTION MANUAL
All Chapters Included
, Employment Law for Business, 10th Edition, Dawn Bennett-
Alexander, Chapters 1 - 16
TABLE OF CONTENTS
Chapter 1 The Regulation of Employment
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and
Recurring Legal Concepts
Chapter 3 Title VII of the Civil Rights Act of 1964
Chapter 4 Legal Construction of the Employment Environment
Chapter 5 Affirmative Action
Chapter 6 Race and Color Discrimination
Chapter 7 National Origin Discrimination
Chapter 8 Gender Discrimination
Chapter 9 Sexual Harassment
Chapter 10 Sexual Orientation and Gender Identity Discrimination
Chapter 11 Religious Discrimination
Chapter 12 Age Discrimination
Chapter 13 Disability Discrimination
Chapter 14 The Employee’s Right to Privacy and Management of Personal
Information
Chapter 15 Labor Law 857
Chapter 16 Selected Employment Benefits and Protections
,Chapter 1
The Regulation of Employment
Chapter Objective
The student is introduced to the regulatory environment of the employment
relationship. The chapter examines whether regulation is actually necessary or
beneficial or if, perhaps, the relationship would fare better with less
governmental intervention. The concepts of ―freedom‖ to contract in the
regulatory employment environment and non-compete agreements are discussed.
Since the regulations and case law discussed in this text rely on an individual‘s
classification as an employer or an employee, those definitions are delineated
and explored.
Learning Objectives
(Click on the icon following the learning objective to be linked to the location in the
outlinewhere the chapter addresses that particular objective.)
At the conclusion of this chapter, the students should be able to:
1. Describe the balance between the freedom to contract and the
current regulatory environment for employment.
2. Identify who is subject to which employment laws and understand the
implication of eachof these laws for both the employer and employee.
3. Delineate the risks to the employer caused by employee misclassification.
4. Explain the difference between and employee and an independent
contractor and the tests that help us in that determination.
5. Articulate the various ways in which the concept ―employer‖ is defined
by the various employment-related regulations.
6. Describe the permissible parameters of non-compete agreements.
Detailed Chapter Outline
Scenarios—Points for Discussion
Scenario One: This scenario offers an opportunity to review the distinctions
between an employee and an independent contractor discussed in the chapter
(see ―The Definition of Employee,‖ particularly Exhibits 1.3–1.5). Discuss the
IRS 20-factor analysis, as it applies to Dalia‘s position. In light of the low level
of control that Dalia had over her fees and her work process, and the limits
upon her choice of clients, students should come to the conclusion that Dalia is
, an employee (therefore, eligible to file an unemployment claim), rather than an
independent contractor.
Scenario Two: Soraya would not have a cause of action that would be
recognized by the EEOC. Review the section ―The Definition of ‗Employer‘‖
with students, and discuss the rationale that determines the status of a
supervisor vis-à-vis anti-discrimination legislation. Because Soraya is Soraya‘s
supervisor, not her employer, he cannot be the target of an EEOC claim of
sexual harassment.
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company
lacked or failedto follow a system for employee redress of discrimination
grievances. However, in this case, CCC appears to have a viable anti-
discrimination policy that it adhered to diligently; consequently, Soraya would be
unlikely to win a decision in her favor. The court in Williams v. Banning (1995)
offered the following rationale for its decision in a similar case:
―She has an employer who was sensitive and responsive to her complaint.
She can take comfort in the knowledge that she continues to work for this
company, while her harasser does not and that the company's prompt
action is likely to discourage other would be harassers. This is precisely
the result Title VII was meant to achieve.‖
Scenario Three: Students should discuss whether or not Mya non-compete
agreement is likely tobe found reasonable by a court, and elaborate the aspects of
the agreement that Mya might contest as unreasonable (see section
below, ―Covenants Not to Compete‖). Does Mya have a persuasive argument
that the terms of her non-compete agreement are unreasonable in scope or
duration?
Might she have grounds to claim that the agreement prohibits her from making a
living?
Given the diversity of state laws regulating non-compete agreements, discuss the
range of legal restrictions that might apply to Mya‘s particular agreement with
her employer. As an employeewho works across several states, Mya‘s defense
may depend upon the presence—and specific language—of a forum selection
clause in her non-compete agreement. Consider what language would be more
likely to provide Nan with a strong defense against the breach of contract claim.
Mya might also argue that the company‘s client list is available through public
means, and therefore, her access to this list should not be prohibited.
General Lecture Note for Employment Law Course
In order to teach this course, instructors have found that students must be made
to feel relatively comfortable with their peers. Instructors will be asking the
All Chapters Included
, Employment Law for Business, 10th Edition, Dawn Bennett-
Alexander, Chapters 1 - 16
TABLE OF CONTENTS
Chapter 1 The Regulation of Employment
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and
Recurring Legal Concepts
Chapter 3 Title VII of the Civil Rights Act of 1964
Chapter 4 Legal Construction of the Employment Environment
Chapter 5 Affirmative Action
Chapter 6 Race and Color Discrimination
Chapter 7 National Origin Discrimination
Chapter 8 Gender Discrimination
Chapter 9 Sexual Harassment
Chapter 10 Sexual Orientation and Gender Identity Discrimination
Chapter 11 Religious Discrimination
Chapter 12 Age Discrimination
Chapter 13 Disability Discrimination
Chapter 14 The Employee’s Right to Privacy and Management of Personal
Information
Chapter 15 Labor Law 857
Chapter 16 Selected Employment Benefits and Protections
,Chapter 1
The Regulation of Employment
Chapter Objective
The student is introduced to the regulatory environment of the employment
relationship. The chapter examines whether regulation is actually necessary or
beneficial or if, perhaps, the relationship would fare better with less
governmental intervention. The concepts of ―freedom‖ to contract in the
regulatory employment environment and non-compete agreements are discussed.
Since the regulations and case law discussed in this text rely on an individual‘s
classification as an employer or an employee, those definitions are delineated
and explored.
Learning Objectives
(Click on the icon following the learning objective to be linked to the location in the
outlinewhere the chapter addresses that particular objective.)
At the conclusion of this chapter, the students should be able to:
1. Describe the balance between the freedom to contract and the
current regulatory environment for employment.
2. Identify who is subject to which employment laws and understand the
implication of eachof these laws for both the employer and employee.
3. Delineate the risks to the employer caused by employee misclassification.
4. Explain the difference between and employee and an independent
contractor and the tests that help us in that determination.
5. Articulate the various ways in which the concept ―employer‖ is defined
by the various employment-related regulations.
6. Describe the permissible parameters of non-compete agreements.
Detailed Chapter Outline
Scenarios—Points for Discussion
Scenario One: This scenario offers an opportunity to review the distinctions
between an employee and an independent contractor discussed in the chapter
(see ―The Definition of Employee,‖ particularly Exhibits 1.3–1.5). Discuss the
IRS 20-factor analysis, as it applies to Dalia‘s position. In light of the low level
of control that Dalia had over her fees and her work process, and the limits
upon her choice of clients, students should come to the conclusion that Dalia is
, an employee (therefore, eligible to file an unemployment claim), rather than an
independent contractor.
Scenario Two: Soraya would not have a cause of action that would be
recognized by the EEOC. Review the section ―The Definition of ‗Employer‘‖
with students, and discuss the rationale that determines the status of a
supervisor vis-à-vis anti-discrimination legislation. Because Soraya is Soraya‘s
supervisor, not her employer, he cannot be the target of an EEOC claim of
sexual harassment.
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company
lacked or failedto follow a system for employee redress of discrimination
grievances. However, in this case, CCC appears to have a viable anti-
discrimination policy that it adhered to diligently; consequently, Soraya would be
unlikely to win a decision in her favor. The court in Williams v. Banning (1995)
offered the following rationale for its decision in a similar case:
―She has an employer who was sensitive and responsive to her complaint.
She can take comfort in the knowledge that she continues to work for this
company, while her harasser does not and that the company's prompt
action is likely to discourage other would be harassers. This is precisely
the result Title VII was meant to achieve.‖
Scenario Three: Students should discuss whether or not Mya non-compete
agreement is likely tobe found reasonable by a court, and elaborate the aspects of
the agreement that Mya might contest as unreasonable (see section
below, ―Covenants Not to Compete‖). Does Mya have a persuasive argument
that the terms of her non-compete agreement are unreasonable in scope or
duration?
Might she have grounds to claim that the agreement prohibits her from making a
living?
Given the diversity of state laws regulating non-compete agreements, discuss the
range of legal restrictions that might apply to Mya‘s particular agreement with
her employer. As an employeewho works across several states, Mya‘s defense
may depend upon the presence—and specific language—of a forum selection
clause in her non-compete agreement. Consider what language would be more
likely to provide Nan with a strong defense against the breach of contract claim.
Mya might also argue that the company‘s client list is available through public
means, and therefore, her access to this list should not be prohibited.
General Lecture Note for Employment Law Course
In order to teach this course, instructors have found that students must be made
to feel relatively comfortable with their peers. Instructors will be asking the
