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Solution Manual
Employment Law for Business, 10th Edition,
Dawn Bennett-Alexander, Chapters 1 - 16
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TABLEOF CONTENTS i i
Chapter 1 The Regulation of Employment
i i i i i
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law
i i i i i i i i i i and
Recurring LegalConcepts
i i i
Chapter 3 Title VII of the Civil Rights Act of 1964
i i i i i i i i i i
Chapter 4 Legal Construction of the Employment Environment Chapter 5
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i Affirmative Action i
Chapter 6 Race and Color Discrimination
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Chapter 7 National Origin Discrimination
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Chapter 8 Gender Discrimination Chapter 9
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i Sexual Harassment
i
Chapter 10 SexualOrientation and Gender Identity Discrimination Chapter11
i i i i i i i i i
Religious Discrimination
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Chapter 12 Age Discrimination Chapter13
i i i i i
DisabilityDiscrimination
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Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
i i i i i i i i i i i
Chapter 15 Labor Law 857
i i i i
Chapter 16 Selected Employment Benefits and Protections
i i i i i i
Chapter 1 i
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The Regulation of Employment i i i
Chapter Objective i
The student is introduced to the regulatory environment of the employment relationship. The
i i i i i i i i i i i i
chapter examines whether regulation is actually necessary or beneficial or if,
i i i i i i i i i i
perhaps, the relationship would farebetter with less governmentalintervention. The
i i i i i i i i i i
concepts of ―freedom‖ to
i contract in the regulatory employment environment and non-
i i i i i i i i i i
compete agreements are discussed. Since the regulations and case law discussed in this
i i i i i i i i i i i i
text rely on an individual‘s classification as an employer or an employee, those
i i i i i i i i i i i i
definitions are delineated and explored.
i i i i i
Learning Objectives i
(Click on the icon following the learning objective to be linked to the location in the
i i i i i i i i i i i i i i i
outlinewhere the chapter addresses that particular objective.)
i i i i i i
At the conclusion of this chapter, the students should be able to:
i i i i i i i i i i i
1. Describe the balance between the freedom to contract and the current i i i i i i i i i i
regulatory environment for employment.
i i i i
2. Identify who is subject to which employment laws and understand the implication of
i i i i i i i i i i i i
eachof these laws for both the employer and employee.
i i i i i i i i i
3. Delineate the risks to the employer caused by employee misclassification. i i i i i i i i i i
4. Explain the difference between and employee and an independent contractor and the
i i i i i i i i i i i
tests that help us in that determination.
i i i i i i i
5. Articulate the various ways in which the concept ―employer‖ is defined by the i i i i i i i i i i i i
various employment-related regulations.
i i i
6. Describe the permissible parameters of non-compete agreements. i i i i i i i
Detailed Chapter Outline i i
Scenarios—Points for Discussion i i
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Scenario One: This scenario offers an opportunity to review the distinctions between an
i i i i i i i i i i i i
employee and an independent contractor discussed in the chapter (see ―The Definition of
i i i i i i i i i i i i i
Employee,‖ particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
i i i i i i i i i i i
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
i i i i i i i i i i i i i i i i
iand her work process, and the limits upon her choice of clients, students should come to
i i i i i i i i i i i i i i i
ithe conclusion thati Dalia is an employee (therefore, eligible to file an i i i i i i i i i
iunemployment claim), rather than an independent contractor. i i i i i
Scenario Two: Soraya would not have a cause of action that would be recognized by the
i i i i i i i i i i i i i i i
iEEOC. Review the section ―The Definitionof ‗Employer‘‖ with students,anddiscuss the i i i i i i i i i i i
rationale that
i determines the status of a supervisor vis-à-vis anti-discrimination
i i i i i i i i
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the
i i i i i i i i i i i i
target of an EEOC claim of sexual harassment.
i i i i i i i
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or
i i i i i i i i i i i i i i
failedto follow a system for employee redress of discrimination grievances. However, in this
i i i i i i i i i i i i
icase, CCC appears to have a viable anti-discrimination policy that it adhered to
i i i i i i i i i i i
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The
i i i i i i i i i i i i i
court in Williams v. Banning (1995) offered the following rationale for its decision in a
i i i i i i i i i i i i i i
similar case:
i i
―She has an employer who was sensitive and responsive to her complaint. She can take
i i i i i i i i i i i i i i
comfort in the knowledge that she continues to work for this company, while her
i i i i i i i i i i i i i i
harasser i does not and that the company's prompt action is likely to i i i i i i i i i i
discourage other would be harassers. This is precisely the result Title VII was
i i i i i i i i i i i i
meant to achieve.‖
i i i
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
i i i i i i i i i i i i i
found reasonable by a court, and elaborate the aspects of the agreement that Mya i i i i i i i i i i i i i
imight contest as unreasonable (see section below, ―Covenants Not toCompete‖).
i i i i i i i i i
Does Mya have a persuasive argument that the terms of her non-compete agreement are
i i i i i i i i i i i i
unreasonable in scope or duration?
i i i i i
Might she have grounds to claim that the agreement prohibits her from making a living?
i i i i i i i i i i i i i i
Given the diversity of state laws regulating non-compete agreements, discuss the range of
i i i i i i i i i i i i
legal restrictions that might apply to Mya‘s particular agreement with her employer. As an
i i i i i i i i i i i i i
iemployeewho works across several states, Mya‘s defense may depend upon the i i i i i i i i i
presence—and specific language—of a forum selection clause in her non-compete
i i i i i i i i i
agreement. Consider what language would be more likely to provide Nan with a strong
i i i i i i i i i i i i i
defense against the breach of contract claim.
i i i i i i i
Mya might also argue that the company‘s client list is available through public means,
i i i i i i i i i i i i i
and therefore, her access to this list should not be prohibited.
i i i i i i i i i i
General Lecture Note for Employment Law Course i i i i i i
In order to teach this course, instructors have found that students must be made to feel
i i i i i i i i i i i i i i i
irelatively comfortable with their peers. Instructors will be asking the students to be i i i i i i i i i i i
ihonest and to stay in their truth, even at times when they feel that their opinion on
i i i i i i i i i i i i i i i
ione of these matters will not be
i i i i i i
Downloaded by: Bookista | i i i i Want to earn $1.236 i i i
Distribution of this document is illegal i i i i i extra per year? i i
i i i i i i i i i i
Solution Manual
Employment Law for Business, 10th Edition,
Dawn Bennett-Alexander, Chapters 1 - 16
Downloaded by: Bookista |
i i i i Want to earn $1.236
i i i
Distribution of this document is illegal
i i i i i extra per year?
i i
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
i i i i i i i i i i
TABLEOF CONTENTS i i
Chapter 1 The Regulation of Employment
i i i i i
Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law
i i i i i i i i i i and
Recurring LegalConcepts
i i i
Chapter 3 Title VII of the Civil Rights Act of 1964
i i i i i i i i i i
Chapter 4 Legal Construction of the Employment Environment Chapter 5
i i i i i i i i i
i Affirmative Action i
Chapter 6 Race and Color Discrimination
i i i i i
Chapter 7 National Origin Discrimination
i i i i i
Chapter 8 Gender Discrimination Chapter 9
i i i i i
i Sexual Harassment
i
Chapter 10 SexualOrientation and Gender Identity Discrimination Chapter11
i i i i i i i i i
Religious Discrimination
i i
Chapter 12 Age Discrimination Chapter13
i i i i i
DisabilityDiscrimination
i i
Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
i i i i i i i i i i i
Chapter 15 Labor Law 857
i i i i
Chapter 16 Selected Employment Benefits and Protections
i i i i i i
Chapter 1 i
Downloaded by: Bookista | i i i i Want to earn $1.236
i i i
Distribution of this document is illegal i i i i i extra per year?
i i
, Stuvia.com - The Marketplace to Buy and Sell your Study Material i i i i i i i i i i
The Regulation of Employment i i i
Chapter Objective i
The student is introduced to the regulatory environment of the employment relationship. The
i i i i i i i i i i i i
chapter examines whether regulation is actually necessary or beneficial or if,
i i i i i i i i i i
perhaps, the relationship would farebetter with less governmentalintervention. The
i i i i i i i i i i
concepts of ―freedom‖ to
i contract in the regulatory employment environment and non-
i i i i i i i i i i
compete agreements are discussed. Since the regulations and case law discussed in this
i i i i i i i i i i i i
text rely on an individual‘s classification as an employer or an employee, those
i i i i i i i i i i i i
definitions are delineated and explored.
i i i i i
Learning Objectives i
(Click on the icon following the learning objective to be linked to the location in the
i i i i i i i i i i i i i i i
outlinewhere the chapter addresses that particular objective.)
i i i i i i
At the conclusion of this chapter, the students should be able to:
i i i i i i i i i i i
1. Describe the balance between the freedom to contract and the current i i i i i i i i i i
regulatory environment for employment.
i i i i
2. Identify who is subject to which employment laws and understand the implication of
i i i i i i i i i i i i
eachof these laws for both the employer and employee.
i i i i i i i i i
3. Delineate the risks to the employer caused by employee misclassification. i i i i i i i i i i
4. Explain the difference between and employee and an independent contractor and the
i i i i i i i i i i i
tests that help us in that determination.
i i i i i i i
5. Articulate the various ways in which the concept ―employer‖ is defined by the i i i i i i i i i i i i
various employment-related regulations.
i i i
6. Describe the permissible parameters of non-compete agreements. i i i i i i i
Detailed Chapter Outline i i
Scenarios—Points for Discussion i i
Downloaded by: Bookista | i i i i Want to earn $1.236
i i i
Distribution of this document is illegal i i i i i extra per year?
i i
, Stuvia.com - The Marketplace to Buy and Sell your Study Material i i i i i i i i i i
Scenario One: This scenario offers an opportunity to review the distinctions between an
i i i i i i i i i i i i
employee and an independent contractor discussed in the chapter (see ―The Definition of
i i i i i i i i i i i i i
Employee,‖ particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
i i i i i i i i i i i
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
i i i i i i i i i i i i i i i i
iand her work process, and the limits upon her choice of clients, students should come to
i i i i i i i i i i i i i i i
ithe conclusion thati Dalia is an employee (therefore, eligible to file an i i i i i i i i i
iunemployment claim), rather than an independent contractor. i i i i i
Scenario Two: Soraya would not have a cause of action that would be recognized by the
i i i i i i i i i i i i i i i
iEEOC. Review the section ―The Definitionof ‗Employer‘‖ with students,anddiscuss the i i i i i i i i i i i
rationale that
i determines the status of a supervisor vis-à-vis anti-discrimination
i i i i i i i i
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the
i i i i i i i i i i i i
target of an EEOC claim of sexual harassment.
i i i i i i i
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or
i i i i i i i i i i i i i i
failedto follow a system for employee redress of discrimination grievances. However, in this
i i i i i i i i i i i i
icase, CCC appears to have a viable anti-discrimination policy that it adhered to
i i i i i i i i i i i
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The
i i i i i i i i i i i i i
court in Williams v. Banning (1995) offered the following rationale for its decision in a
i i i i i i i i i i i i i i
similar case:
i i
―She has an employer who was sensitive and responsive to her complaint. She can take
i i i i i i i i i i i i i i
comfort in the knowledge that she continues to work for this company, while her
i i i i i i i i i i i i i i
harasser i does not and that the company's prompt action is likely to i i i i i i i i i i
discourage other would be harassers. This is precisely the result Title VII was
i i i i i i i i i i i i
meant to achieve.‖
i i i
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely tobe
i i i i i i i i i i i i i
found reasonable by a court, and elaborate the aspects of the agreement that Mya i i i i i i i i i i i i i
imight contest as unreasonable (see section below, ―Covenants Not toCompete‖).
i i i i i i i i i
Does Mya have a persuasive argument that the terms of her non-compete agreement are
i i i i i i i i i i i i
unreasonable in scope or duration?
i i i i i
Might she have grounds to claim that the agreement prohibits her from making a living?
i i i i i i i i i i i i i i
Given the diversity of state laws regulating non-compete agreements, discuss the range of
i i i i i i i i i i i i
legal restrictions that might apply to Mya‘s particular agreement with her employer. As an
i i i i i i i i i i i i i
iemployeewho works across several states, Mya‘s defense may depend upon the i i i i i i i i i
presence—and specific language—of a forum selection clause in her non-compete
i i i i i i i i i
agreement. Consider what language would be more likely to provide Nan with a strong
i i i i i i i i i i i i i
defense against the breach of contract claim.
i i i i i i i
Mya might also argue that the company‘s client list is available through public means,
i i i i i i i i i i i i i
and therefore, her access to this list should not be prohibited.
i i i i i i i i i i
General Lecture Note for Employment Law Course i i i i i i
In order to teach this course, instructors have found that students must be made to feel
i i i i i i i i i i i i i i i
irelatively comfortable with their peers. Instructors will be asking the students to be i i i i i i i i i i i
ihonest and to stay in their truth, even at times when they feel that their opinion on
i i i i i i i i i i i i i i i
ione of these matters will not be
i i i i i i
Downloaded by: Bookista | i i i i Want to earn $1.236 i i i
Distribution of this document is illegal i i i i i extra per year? i i
