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 v v




Chapter 1 The Regulationof Employment
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Chapter 2 The Employment Law Toolkit: Resources for Understandingthe 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 LegalConstructionof the Employment Environment Chapter 5 Affirmative
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Action
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Chapter 6 Race and Color Discrimination Chapter7
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NationalOriginDiscrimination Chapter8Gender
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Discrimination Chapter9 SexualHarassment
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Chapter10 SexualOrientationand Gender IdentityDiscrimination Chapter11
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ReligiousDiscrimination
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Chapter12 Age Discrimination Chapter13
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DisabilityDiscrimination
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Chapter 14 The Employee’s Right to Privacyand Management ofPersonal
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Information

Chapter 15 Labor Law 857
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Chapter16 Selected Employment Benefits andProtections
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Chapter 1 v

, The Regulation of Employment v v v




ChapterObjective v




The student is introduced to the regulatory environment of the employment relationship. The
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vchapter examines whether regulation is actually necessary or beneficial or if, perhaps, the
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vrelationshipwouldfarebetterwith lessgovernmentalintervention. Theconceptsof ―freedom‖ to
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vcontract in the regulatory employment environment and non-compete agreements are discussed.
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vSince the regulations and case law discussed in this text rely on an individual‘s classification as an
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vemployer or an employee, those definitions are delineated and explored.
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LearningObjectives v




(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 foremployment.
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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 byemployee misclassification. v v v v v v v v v v




4. Explain the difference between and employee and an independent contractor and the tests
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that help us in that determination.
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5. Articulate the various ways in which the concept ―employer‖ is definedbythe various v v v v v v v v v v v v v




employment-relatedregulations.
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6. Describethe permissible parameters of non-compete agreements. v v v v v v v




Detailed ChapterOutline v v




Scenarios—Points for Discussion v v

, Scenario One: This scenario offers an opportunity to review the distinctions between an employee
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andan independentcontractor discussedin thechapter(see―The Definitionof Employee,‖
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particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it applies to Dalia‘s position. In
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light of the low level of control that Dalia had over her fees and her work process, and the limits upon
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her choice of clients, students should come to the conclusion that Dalia is an employee (therefore,
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eligible to file an unemployment claim), rather than an independentcontractor.
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Scenario Two: Soraya would not have a cause of action that would be recognized bythe EEOC.
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vReview the section―The Definitionof‗Employer‘‖with students,anddiscusstherationalethat
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vdetermines the status of a supervisor vis-à-vis anti-discrimination legislation. Because Soraya is v v v v v v v v v v v




vSoraya‘s supervisor, not her employer, he cannot be the target of an EEOC claim of sexual
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vharassment.

CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or failedto
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vfollow a system for employee redress of discrimination grievances. However, in this case, CCC
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vappears to have a viable anti-discrimination policy that it adhered to diligently; consequently, Soraya
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vwould be unlikely to win a decision in her favor. The court in Williams v. Banning (1995) offered the
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vfollowing rationale for its decision in a similar case: v v v v v v v v




―Shehasanemployerwhowassensitiveandresponsivetohercomplaint.Shecantake comfort
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in the knowledge that she continues to work for this company, while her harasser does not and
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that the company's prompt action is likely to discourage other would be harassers. This is
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precisely the result Title VII was meant to achieve.‖
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Scenario Three: Students should discuss whether or not Myanon-compete agreement is likely tobe
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vfound reasonable by a court, and elaborate the aspects of the agreement that Mya might contest as
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vunreasonable (seesection below, ―CovenantsNottoCompete‖).Does Mya have a persuasive v v v v v v v v v v v v




vargument 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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restrictions that might apply to Mya‘s particular agreement with her employer. As an employeewho
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works across several states, Mya‘s defense may depend upon the presence—and specific
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language—of a forum selection clause in her non-compete agreement. Consider what language
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would be more likely to provide Nan with a strong defense against the breach of contract claim.
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Mya might also argue that the company‘s client list is available through public means, and therefore,
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her access to this list should not be prohibited.
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General Lecture Note for Employment Law Course v v v v v v




In order to teach this course, instructors have found that students must be made to feel relatively
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vcomfortable with their peers. Instructors will be asking the students to be honest and to stay in their v v v v v v v v v v v v v v v v v




truth, even at times when they feel that their opinion on one of these matters will not be
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