Employment Law for Business, 10th Edition SOLUTION MANUAL by Dawn Bennett-Alexander, Verified Chapters 1 - 16, Complete Newest Version

SolutionManualn




EmploymentLawfor Business,10thEdition,
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,TABLE OF CONTENTS nn nn




Chapter 1 The Regulation of Employment
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Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law and
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Recurring Legal 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
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Affirmative Action
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Chapter 6 Race and Color Discrimination
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nn Chapter 7 National Origin Discrimination
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Chapter 8 Gender Discrimination
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Sexual Harassment
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Chapter 10 Sexual Orientation and Gender Identity Discrimination Chapter 11
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nn Religious Discrimination
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Chapter 12 Age Discrimination Chapter 13
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nn Disability Discrimination
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Chapter 14 The Employee’s Right to Privacy and Management of Personal
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Information
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Chapter 15 Labor Law 857
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Chapter 16 Selected Employment Benefits and Protections
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Chapter 1 nn

, The Regulation of Employment
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Chapter Objective nn




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




(Click on the icon following the learning objective to be linked to the location in the
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outlinewhere the 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
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regulatory 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
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the tests that help us in that determination.
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5. Articulate the various ways in which the concept ―employer‖ is defined by
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the various employment-related regulations.
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6. Describe the permissible parameters of non-compete agreements.
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Detailed Chapter Outline nn nn




Scenarios—Points for Discussion n n n n

, Scenario One: This scenario offers an opportunity to review the distinctions between an
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employee and an independent contractor discussed in the chapter (see ―The Definition of
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Employee,‖ particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it applies to
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Dalia‘s position. In light of the low level of control that Dalia had over her fees and her
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work process, and the limits upon her choice of clients, students should come to the conclusion
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that Dalia is an employee (therefore, eligible to file an unemployment claim), rather than an
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independent contractor.
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Scenario Two: Soraya would not have a cause of action that would be recognized by the
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EEOC. Review the section ―The Definition of ‗Employer‘‖ with students, and discuss the
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rationale that determines the status of a supervisor vis-à-vis anti-discrimination legislation.
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Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the target of an EEOC
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claim of sexual harassment.
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CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or
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failedto follow a system for employee redress of discrimination grievances. However, in this case,
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CCC appears to have a viable anti-discrimination policy that it adhered to diligently;
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consequently, Soraya would be unlikely to win a decision in her favor. The court in Williams
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v.
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Banning (1995) 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
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harasser does not and that the company's prompt action is likely to discourage other
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would be 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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found reasonable by a court, and elaborate the aspects of the agreement that Mya might
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contest as unreasonable (see section below, ―Covenants Not to Compete‖). Does Mya have a
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persuasive argument that the terms of her non-compete agreement are unreasonable in scope
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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
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legal restrictions 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
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what language would be more likely to provide Nan with a strong defense against the breach
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of 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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therefore, her access to this list should not be prohibited.
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General Lecture Note for Employment Law Course
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In order to teach this course, instructors have found that students must be made to feel relatively
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comfortable with their peers. Instructors will be asking the students to be honest and to stay
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in their truth, even at times when they feel that their opinion on one of these matters will not
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be
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