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

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solutionManual u




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




Chapter 1 The Regulation of Employment
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Chapter 2 The Employment Law Toolkit: Resources for Understanding the Law
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and
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
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uu Affirmative Action uu




Chapter 6 Race and Color Discrimination
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uu Chapter 7 National Origin Discrimination
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uu Chapter 8 Gender Discrimination
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Chapter 9 uu




uu Sexual Harassment
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Chapter 10 Sexual Orientation and Gender Identity Discrimination
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Religious Discrimination
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Chapter 12 Age Discrimination
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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
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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 u u




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The Regulation of Employment
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Chapter Objective uu




The student is introduced to the regulatory environment of the employment
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relationship. The
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necessary or beneficial or if, perhaps, the
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governmental intervention. The concepts of ―freedom‖ to
uu contract in the regulatory
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employment environment and non- compete agreements are discussed. Since the
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regulations and case law discussed in this text rely on an individual‘s
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classification as an
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delineated and explored.
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Learning Objectives uu




(Click on the icon following the learning objective to be linked to the location
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in the outlinewhere the chapter
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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
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current regulatory environment for employment.
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2. Identify who is subject to which employment laws and understand the
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implication of eachof
uu these laws for both the employer and employee.u u uu uu uu uu uu uu uu uu uu




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
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and the tests
uu 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 uu uu




Scenarios—Points for Discussion uu u u




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



employer, he cannot be the target of an EEOC claim of sexual
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harassment.

CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company
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lacked or failedto
uu follow a system for employee redress of discrimination
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grievances. However, in this case, CCC
uu appears to have a viable anti-
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discrimination policy that it adhered to diligently; consequently, Soraya would be uu uu uu uu uu uu uu uu uu



unlikely to win a decision in her favor. The court in Williams v. Banning (1995)
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offered the
uu 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
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take comfort in the knowledge that she continues to work for this company,
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while her harasser
uu does not and that the company's prompt action is
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likely to discourage other would be
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result Title VII was meant to achieve.‖
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Scenario Three: Students should discuss whether or not Mya non-compete agreement is
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likely tobe
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agreement that Mya might contest as
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―Covenants Not to Compete‖).
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Does Mya have a persuasive argument that the terms of her non-compete
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u uagreement are unreasonable in scope or duration? u u uu uu uu uu uu



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
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range of legal
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her employer. As an employeewho works across several states, Mya‘s defense
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may depend upon the presence—and specific
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clause in her non-compete agreement. Consider what language would be more
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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
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means, and
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General Lecture Note for Employment Law Courseu u uu uu uu uu u u




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