Did the hospital discriminate against the woman of Asian national origin in terminating her employment? Why or why not?

  

Read the slides and answer the questions in the word file.Each question at least 200 words.No plagiarism. Using easy vocabulary is enough
Chapter 16
1. A hospital chain hired a woman of Asian national origin as vice president for human
resources. She received two annual performance appraisals that indicated she was
meeting the hospitals standards in most areas. About two years after her hiring, a new
president took over and the woman was terminated. The woman was not told the reason
at the time, but the hospital now cites a number of failings relating to inadequate
management of legal compliance issues as the basis for the termination. These concerns
were not specifically addressed in her performance appraisals. The woman contends that
she was discriminated against and that several other employees had received counseling
and were allowed time to correct performance deficiencies. What should the court
decide? Why?
9. When an employee was hired, he signed an agreement stating that one of the
conditions of continued employment was meeting or working toward completion of an
educational requirement (i.e., passing a specified set of college courses). He took a
number of these courses and was partially reimbursed by the employer for the cost of the
courses. However, on the grounds that the courses were required by the employer and
were directly job related, the employee argued that he should be paid for the time he
spent attending classes, traveling to classes, and studying (a total of 267 hours). Did this
employer violate the Fair Labor Standards Act by not paying the employee for this time
spent in training? Why or why not?
Chapter 17
2. School officials suspected that a physical education teacher was stealing money from
students. Two hidden video cameras were placed in his office. The office was also used
by other gym teachers and was where the teachers changed their clothes. The office was
located in the boys locker room and was accessible only by walking through the locker
room. The cameras recorded and stored camera images for thirty days. It was unclear
whether any school officials actually watched live images from the cameras or reviewed
the tapes. When a teacher discovered the cameras, he sued. Were the privacy rights of the
teachers violated? Why or why not?
6. A woman was beaten by a coworker with whom she was living, resulting in several
broken ribs. She filed charges against the coworker, and the coworkers conviction for
domestic violence was reported in the newspaper. The woman did not report any of this
information to her employer, but managers became aware of the situation because of the
newspaper account. A workplace violence team investigated, seeking to determine
whether the coworker was dangerous and should be removed from the workplace. On
four occasions, they attempted to interview the woman, asking questions regarding her
relationship with the coworker, the domestic violence incident, and her physical and
mental health. On each occasion, she became angry and left the interview, insisting that
this was private information that she did not want to share. The woman was eventually
terminated for her failure to cooperate with the workplace violence program. She sued.
What should the court decide? Why?
David Walsh
EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Performance Appraisals, Training
and Development
Chapter 16
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Chapter Outline
Performance Appraisals
Performance Criteria & Standards
Performance Appraisal Process
Feedback on Performance
Training and Development
Training Contracts
When is Training Legally Required
Selection of Trainees
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals (1 of 4)
Regardless of the efficacy of performance
appraisals, they hold great legal
significance
The central legal concern is that they not
be discriminatory
In general, employers have no duty to
conduct performance appraisals
Employers cannot appraise only men and
not women, as such action would be
discriminatory
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals (2 of 4)
Negative performance appraisals do not
constitute discrimination
However, if a biased negative appraisal
becomes the basis for the denial of an
employment opportunity, disparate treatment
discrimination can be alleged
Unwarranted negative performance appraisals
could constitute materially adverse actions
in cases of retaliation if they are used to
punish employees for exercising their rights
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals (3 of 4)
Performance appraisals affect many
employment decisions, including

promotion,
training and development,
raises,
and more
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals (4 of 4)
Courts will not review performance
appraisals to determine whether the
appraisal was correct
Only to determine if there is discriminatory
intent or other illegal motives
Recommended: Employers should
conduct performance appraisals regularly
and maintain credible, written
documentation of performance
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Criteria
(1 of 3)
Common performance criteria include

Don't use plagiarized sources. Get Your Custom Essay on
Did the hospital discriminate against the woman of Asian national origin in terminating her employment? Why or why not?
Just from $13/Page
Order Essay

work quality and quantity;
attendance and punctuality;
judgment;
ability to work with others in a team;
leadership;
and so on
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Criteria
(2 of 3)
Employers are free to establish criteria
and standards of performance, but
must:
take into account the needs of disabled
employees;
be consistently applied;
be as objective as possible;
be job related and consistent with business
necessity
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Criteria
(3 of 3)
Employers can and should hold disabled employees
to the same standards of performance as
nondisabled employees who do the same jobs
Receipt of a reasonable accommodation should
not be held in any way against a disabled
employee
If a disabled employee is unable to perform a
marginal function of a job, that function should
be removed from the job and not be reflected
in performance ratings
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Appraisal Process

(1 of 4)
Lack of Consistency in Evaluations:
A performance appraisal which is inconsistent
with prior appraisals raises legal issues
After an employee has filed a charge, it appears
to be retaliation
Shortly before layoffs or a termination, it
appears to be pretext to justify the decision to
layoff or terminate
Performance appraisals must not be
manipulated and made more negative than
actual performance warrants
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Appraisal Process
(2 of 4)
Who Conducts Performance Appraisals?
Employers should provide training or written
instructions to those who conduct performance
appraisals
If coworkers or others also participate in
performance appraisals, they also require
instruction in good appraisal techniques and
legal issues
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Appraisal Process
(3 of 4)
Contents of Appraisals:
Appraisers should not shy away from criticism,
but their tone should be measured and
professional
Extreme language suggests hostility, and may
become the basis for a cause of action for
discrimination or defamation
Courts may view appraisals with both positive &
negative comments as an indictor of a lack of
bias
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Performance Appraisal Process
(4 of 4)
Forced Distribution Method:
Forced distribution methods require that
predetermined percentages of employees be
placed into particular performance categories
Forced distribution rankings are often accompanied
by rigid policies calling for termination or other
adverse employment consequences for those
employees ranked in the lowest category
Forced distribution methods of performance appraisal
have seen wide use, although their popularity is
waning
Not surprisingly, these systems have become
the object of legal challenges
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Feedback on Performance (1 of 2)
Employers should:
communicate performance appraisals to
employees,
provide an opportunity for discussion, and
and allow employees to respond to and appeal
them
Employers should not attempt to avoid
unpleasant confrontations by failing to
provide employees with feedback about
their performance and opportunities to
improve performance that are routinely
provided to other employees
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Performance Appraisals
Feedback on Performance (2 of 2)
Performance appraisal sometimes leads to
identification of deficiencies and placement
of employees on performance
improvement plans (PIPs)
Under a performance improvement plan,
an employee is given outcomes that must
be attained over some period of time
(usually short) with negative consequences
if not attained
A warning to shape up or ship out
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Training & Development
When is Training Required? (1 of 3)
Training and development programs
can make employees more productive and
help them advance in their careers
There are circumstances under which
training is legally required or highly
advisable
Significant legal questions can arise
regarding who receives training and who
pays for it
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Training & Development
When is Training Required? (2 of 3)
In general, employers have no duty to
train their employees
One important exception is training for safety
and health reasons
Over 100 OSH standards call for training
employees exposed to certain hazards; failure
to train would constitute a violation of the
OSH Act
Employees have a right to know about hazards on
the job
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Training & Development
When is Training Required? (3 of 3)
OSHs hazard communication
standard is based on the principle of the
employees right to know about the
dangerous chemicals they encounter on
the job so that they can take steps to
protect themselves
Chemical manufacturers, importers must
provide a material safety data sheet
for each hazardous chemical
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Training & Development
When is Training Required?
Other Circumstances
Firms that contract with the federal
government must comply with the Drug Free
Workplace Act (DFWA), and
inform employees about the drug-free policy and
dangers associated with drug abuse;
advise regarding available options for counseling,
rehabilitation, and employee assistance programs;
and advise potential penalties for drug violations.
Where 3rd parties may be injured, good training
is required to avoid claims of negligent
training
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Training & Development
Selection of Trainees
Many training & development opportunities are
offered on a limited basis and present questions
of selection
The successful completion of training is often
linked to promotions and raises
Much training received is on-the-job training
from coworkers
Another valuable form of training are
apprenticeship programs, combining
classroom instruction with work under the
guidance of an experienced coworker
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
What Would You Do?
You are the HR manager of a small consulting firm.
One of your department managers has been having
trouble with a consultant (Janus) and has just
completed his first performance appraisal. She has
submitted it to you for your review before it
becomes part of the record. It contains the
following statements: 1) Janus is a bad singer stuck
in a one-note song. All of his consulting advice
recommends the same action. 2) Rather than give
honest advice, Janus says what people want to hear.
He is spineless. 3) Janus is a twerpy weasel, and
should be discharged. What would you do?
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Next:
Chapter 17 Privacy on the Job:
Information, Monitoring and Investigations
Does an employer have the right to read
employees emails?
Do employees have constitutional rights
granting them privacy?
The answers to these questions and more
are next.
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Instructors Notes:
Instructors notes for What Would You Do?
Students should recognize the personal animus displayed in
the colorful appraisal. The HR manager should consult with
the department manager and verify that the performance
issues are real, then recommend the removal of material
which could form the basis for a defamation claim, or simply
appear to be biased and unfair. The conclusions may remain
(All of his consulting advice recommends the same action.
and Rather than give honest advice, Janus says what people
want to hear.) But the following statements should be
removed from the appraisal: Janus is a bad singer stuck in a
one-note song. He is spineless. Janus is a twerpy
weasel
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
David Walsh
EMPLOYMENT LAW FOR
HUMAN RESOURCE
PRACTICE, 5E
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Privacy on the Job: Information,
Monitoring, and Investigations
Chapter 17
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Chapter Outline
Overview of Workplace Privacy Protections
Handling Records and Employee
Information
Monitoring and Surveillance of Employees
Investigation of Employee Conduct
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Overview of Workplace Privacy
Protections
Employers gather a great deal of
information about their employees, monitor
their employees actions and investigate
allegations of wrongdoing
The volume of information available about
employees and the means of monitoring
them have expanded greatly in recent years,
raising questions of privacy
What are the legal limits to incursions upon
privacy in the workplace?
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Constitutional Protection (1 of 2)
Public employees enjoy privacy rights
deriving from the 4th Amendment to the
U.S. Constitution, which prohibits
unreasonable searches and seizures
Note that such rights have limits
Public employers need not establish
probable cause or obtain warrants before
conducting workplace searches
Note that such searches and other actions
impinging on privacy must be reasonable
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Constitutional Protection (2 of 2)
A reasonable expectation of privacy is
key to privacy claims based on the
constitution and on other grounds
If an employee cannot be said to have had a
reasonable expectation of privacy in the
circumstances, she will not prevail in a
privacy claim
Employers should establish privacy policies
that alert employees to the limits of their
privacy rights in the workplace
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Common Law Protection (1 of 4)
Whether there is a reasonable expectation
of privacy is a case-by-case determination
based on policies, practices, and other
circumstances.
Most states recognize the following
privacy torts:

Intrusion upon seclusion
Public disclosure of private facts
Placement in a false light
Appropriation of a name or likeness
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Common Law Protection (2 of 4)
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Common Law Protection (3 of 4)
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Common Law Protection (4 of 4)
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Workplace Privacy Protections
Statutory Protection of Privacy
Several statues concern privacy or have
privacy-related provisions:

The Privacy Act of 1974
The Electronic Communications Privacy Act
The Americans with Disabilities Act
The National Labor Relations Act
The Occupational Safety and Health Act
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Handling …Employee Information
Personnel Records (1 of 2)
While a few states have laws governing an
employers handling of personnel records, the
employers policy generally controls
Some states grant employees the right to review
and copy their personnel files, and restrict access by
others
The federal Privacy Act governs the handling of
personnel records of federal employees
Violations can be difficult to prove because plaintiffs
must show that violations were intentional or willful
and that there were actual damages, such as an
adverse employment action
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Handling …Employee Information
Personnel Records (2 of 2)
Employers generally must allow union
representatives to see the personnel files of their
members
Recommended: Even though few private-sector
employers are legally required to do so, it is
sensible to obtain the consent of employees prior
to divulging information from their personnel
records to third parties
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Handling …Employee Information
Medical Information (1 of 3)
Under the ADA:
Only medical information that is job-related and
consistent with business necessity can be obtained
from current employees
Employers must keep information regarding an
employees medical condition or history in a
location apart from other personnel records
and treat it as a confidential medical record
Such information should be made available to
managers, supervisors and first aid personnel for
reasons of reasonable accommodation and
treatment
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Handling …Employee Information
Medical Information (2 of 3)
Under the OSH Act:
Employees and unions have the right to access
members medical and exposure information.
Such access must generally be provided within
15 working days
Medical monitoring of employees may be
required.
Records of exposure to toxins must be kept for
30 years
Medical records must be kept for the duration
of employment, plus 30 years
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Handling …Employee Information
Medical Information (3 of 3)
HIPAA regulations primarily affect health care
providers and self-insured companies
Any employer that receives protected health
information from insurers or health care must:
Limit the uses and disclosure of that
information;
Train staff on maintaining the privacy of medical
information;
Designate a privacy officer with responsibility
for compliance; and
Notify employees of their rights
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Monitoring Employees
Video Surveillance
In general, employers can train video cameras on
their employees without significant legal concerns,
at least in places open to view
Employers must not conduct surveillance of
employees engaged in protected concerted
activities, including union organizing.
Recommended: If your firm uses video monitoring,
inform employees that they are subject to
monitoring and surveillance, even though such
notice may not be legally required
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Monitoring Employees
Electronic Communications (1 of 3)
Under the Electronic Communications
Privacy Act (ECPA), employers (and others) are
prohibited from:
Intentionally intercepting (through the use of electronic,
mechanical, or other devices) wire, oral, or electronic
communications
Disclosing such information
Unauthorized accessing and disclosure of stored
electronic communications
The distinction between intercepting and
accessing has proven troublesome for email and
internet transmissions
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Monitoring Employees
Electronic Communications (2 of 3)
Intercepting generally means capturing the
communication at the exact time it is being sent
Interceptions are legal with prior consent
Communication service providers are exempt
Example: An employers search of an employees stored
emails in its own system is not a violation
Business users of the providers equipment are
exempt if the equipment is used in the ordinary
course of business
Example: An employer could install additional extension
phones to listen in on employees business (but not
personal) calls
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Monitoring Employees
Electronic Communications (3 of 3)
The law regarding the privacy of workplace
electronic communications are in flux
Overall, employees should assume that their
emails and other electronic communications will
be read by their employers
Recent cases held against employees, finding they had no
reasonable expectation of privacy
One court wet so far as to cite the existence of a
community norm in which it is now common practice
for employers to monitor employee computer use
The Supreme Court has been cautious about
expanding privacy rights in electronic
communication
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductSearches (1 of 3)
Conduct Investigations professionally
The people conducting them should be credible
and convincing if called on to be witnesses in
legal proceedings
Under the Fair Credit Reporting Act,
employers may use outside investigators for
suspected employee misconduct without
obtaining consent
But if an adverse action is taken based on
that information, the employer must
disclose it to the employee
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductSearches (2 of 3)
Generally, employers may conduct
workplace searches, subject to the Fourth
Amendment (for public employees) and
privacy torts (particularly intrusion upon
seclusion)
Obtaining consent is best
Employers should:
Establish policies,
Notify employees regarding the circumstances
under which searches will occur, and
Conduct searches only as stated
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductSearches (3 of 3)
Searches should be conducted in a
reasonable manner
not overly broad
not resulting in destruction of employee
property
not discriminatory
Evidence obtained through searches, must
be handled carefully and kept in a secure
location
Strip searches and deceptive means of
conducting searches should be avoided
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductInterviews & Interrogations
Poorly performed interrogations have great
potential for generating legal claims,
especially for false imprisonment and
infliction of emotional distress
Under current law, most employees do not have
the right to have attorneys present in these
situations
But unionized employees called into interviews
they reasonably believe are likely to result in
discipline have the right to have a union rep
present if the employee requests it, tho if no rep
is available, the interview can proceed
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductPolygraphs (1 of 2)
The Employee Polygraph Protection Act (EPPA)
prohibits most pre-employment polygraph exams
by private-sector employers
However, polygraphs can be used for ongoing
investigations of theft, embezzlement, sabotage,
and related activities that result in loss or injury
to an employers business
Even then, submission to a polygraph exam cannot be
required or made a condition of employment, and an
employee cannot be disciplined or discharged for failure
to submit
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
InvestigationEmployee ConductPolygraphs (2 of 2)
During the exam, employees:
Must not be asked questions designed to
degrade or needlessly intrude on their privacy
Must not be asked questions concerning
religious beliefs, opinions about racial matters,
political beliefs, sexual behavior, and beliefs or
activities regarding labor organization.
Have the right to review all questions
beforehand
Must be informed about any observational or
recording devices being used
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Acting on Results of Investigations
If the wrong conclusions are drawn and
communicated to others, defamation claims
may arise, and the qualified privilege may be
lost
Recommended: Treat such information as
sensitive and limit communication to those
with a legitimate need to know
Malicious prosecution occurs when
criminal claims are initiated against an
innocent party
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
What Would You Do?
You are the manager of a clothing store
which caters to young, college-age students
in your university town, and most of your
employees are college students. One such
employee is Leanne. One day at the store,
you answer the phone. The caller asks for
Leanne, and when you advise that Leanne is
not here today, the caller tells you that she
is calling from Dr. Wilsons office to report
that Leannes HIV test came back positive,
and that she should come back in for a retest as soon as possible. What would you
do?
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Next:
Chapter 18 Terminating Individual
Employees
How do you fire someone without incurring
legal liability?
What are the reasons for which you may NOT
terminate someone?
The answers to these questions and more
are next.
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Instructors Notes: (1 of 2)
Instructors notes for What Would You Do?
Students should first realize that the report of
Leannes positive HIV test should never have
been divulged to the manager, and the manager
must maintain confidentiality of this information.
The manager should immediately take steps to
notify Leanne privately of the call, and perhaps
of the message.
Ideally, students will recognize that they should
not record this information in Leannes
personnel file.
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.
Instructors Notes: (2 of 2)
Instructors notes for What Would You Do?
They should recognize that, if the retest
confirms the diagnosis, Leanne is considered
disabled under the Americans with Disabilities
Act, and the manager should consider whether
Leanne poses a direct threat to herself or
others on the job, and if so, whether a
reasonable accommodation can be made. Given
the clothing store environment, it would seem
that there is no direct threat, and that a
reasonable accommodation can be made should
the re-test confirm the diagnosis.
2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom use.

Introduction:

The workplace can be a complex and challenging environment, with various legal and ethical issues that employers and employees need to navigate. This includes matters such as performance management, discrimination, fair wages, privacy rights, and workplace violence. In this article, we will explore four scenarios that exemplify some of the legal and ethical dilemmas that can arise in the workplace, and the potential outcomes that may result from these situations.

Description:

Chapter 16 examines two incidents that raise legal and ethical questions concerning performance management and fair pay. In the first case, a hospital chain hires a woman of Asian national origin as vice president for human resources, who is later terminated for alleged deficiencies in legal compliance management. The woman claims discrimination, arguing that her performance appraisals did not raise these concerns. In the second case, an employee is required to complete a set of college courses as part of his job, but argues that he should be paid for the time he spent attending class and studying. The question is whether the employer violated the Fair Labor Standards Act by not paying the employee for this training time.

Chapter 17 presents two scenarios that concern privacy and workplace violence. In one case, hidden cameras are placed in a physical education teacher’s office, which is used by other gym teachers and located in the boys’ locker room. The question is whether this violated the privacy rights of the teachers. In the other case, a woman is beaten by a coworker with whom she was living, resulting in a conviction for domestic violence that is reported in the news. The workplace violence team seeks to interview the woman, but she becomes angry and leaves the interview. The question is whether this violates her right to privacy and whether the team can remove the coworker from the workplace.

Overall, these scenarios illustrate the complex and multifaceted issues that can arise in the workplace and how they are addressed within the legal and ethical framework.

Chapter 16:
Objective: To understand the legal implications of terminating an employee based on performance appraisals.
Learning Outcomes:
– Evaluate the legality of the termination of an employee based on performance appraisals.
– Analyze how inadequate management of legal compliance issues can affect the termination of an employee.
– Examine the impact of discrimination on the termination of an employee.

Regarding the case mentioned, the court should determine whether discrimination took place in the termination of the employee. The employer terminated the employee based on the inadequate management of legal compliance issues that were not specifically addressed in the performance appraisals. While several other employees received counseling and were allowed time to correct their performance deficiencies, the woman was terminated without warning. The woman’s national origin could have played a role in the termination. The court should examine the facts presented and decide whether discrimination was involved.

Objective: To understand the requirements of employers in relation to employee training under the Fair Labor Standards Act.
Learning Outcomes:
– Evaluate the extent to which an employer is required to reimburse an employee for training-related expenses.
– Analyze whether an employer is required to pay an employee for time spent attending classes, traveling to classes, and studying.
– Assess if the employer has violated the Fair Labor Standards Act by not paying an employee for time spent in training.

In the case mentioned, the employer did not violate the Fair Labor Standards Act by not paying the employee for the time spent in training. The employee signed an agreement stating that one of the conditions of continued employment was completing a specified set of college courses. The employer partially reimbursed the employee for the cost of the courses. The courses were required by the employer and directly job-related. The time spent attending classes, traveling to classes, and studying was not considered work time, so the employer was not required to pay the employee for it.

Chapter 17:
Objective: To understand the implications of video surveillance in the workplace.
Learning Outcomes:
– Evaluate the legal implications of video surveillance in the workplace.
– Analyze the privacy rights of employees in the workplace.
– Assess whether the use of video surveillance in the workplace is justified under certain circumstances.

In the case mentioned, the privacy rights of the teachers were violated because the hidden video cameras in the teacher’s office recorded and stored camera images for thirty days without their consent. Although it was unclear whether any school officials actually watched live images from the cameras or reviewed the tapes, the cameras were placed in an office used by other gym teachers and located in the boys’ locker room accessible only by walking through the locker room. The use of video surveillance in the workplace should be justified under certain circumstances, and the privacy rights of employees should always be respected.

Objective: To understand the legal requirements in investigating workplace violence.
Learning Outcomes:
– Evaluate the legal implications of investigating workplace violence.
– Analyze the responsibilities of employers in preventing and addressing workplace violence.
– Assess whether the workplace violence team followed proper procedure in their investigation.

In the case mentioned, the workplace violence team investigated to determine whether the coworker was dangerous and should be removed from the workplace. The team attempted to interview the woman four times, asking questions regarding her relationship with the coworker, and physical and mental health. However, the woman became angry and left the interview each time. The team should have followed proper procedure in their investigation by gathering all evidence necessary to determine whether the coworker was a danger at the workplace. The employer has a responsibility to prevent and address workplace violence, and the investigation should have been conducted in a lawful and respectful manner.

Solution 1: Discrimination Case in a Hospital Chain

In this case, the court should follow the established policies and protocols in the termination of employees. If the hospital chain had clearly stated policies on employee termination and the woman of Asian national origin was not discriminated against, then the court should rule in favor of the hospital chain.

However, if there is evidence that the woman was discriminated against, then the court should rule in her favor. The woman’s past performance appraisals are a strong indication that she met the hospital’s standards. If the hospital had legitimate concerns about her work performance, these concerns should have been addressed with the employee.

Moreover, if other employees had received counseling and allowed time to correct performance deficiencies, and the same treatment was not afforded to the woman, then this might be seen as discriminatory on the side of the hospital. Therefore, if there is discrimination or a lack of proper justification for the termination, the court might decide in favor of the woman.

Solution 2: Employee Training and Payment Violation

In this case, the employer did not violate the Fair Labor Standards Act by not paying the employee for the time spent in training. The employer partially reimbursed the employee for the cost of the required college courses, which is a fair compensation.

The employee’s argument that he should be compensated for the time he spent attending classes, traveling to classes, and studying, however, is flawed. This is because the courses were required by the employer and directly job-related.

If the courses were optional and taken voluntarily by the employee, then the Fair Labor Standards Act would require payment for the time spent in training. However, in this case, the courses were part of the employment agreement, and any time spent in relation to them was part of the employee’s job obligation. Therefore, the employer did not violate the Fair Labor Standards Act by not paying the employee for the time spent in training.

Suggested Resources/Books:

Chapter 16:
– Employment Discrimination: A Contextual Framework by Kevin Murphy, Sheri L. Seminary, and William J. Kehoe
– Discrimination Law and Practice by Kevin B. Leblang and Peter J. Petesch
– Human Resource Management by Robert L. Mathis and John H. Jackson

Chapter 17:
– The Law of Privacy and the Media: First Amendment Freedoms vs. Invasion of Privacy by Michael L. Rustad and Thomas H. Koenig
– Privacy in the Workplace by Raymond F. Gregory
– Employment Law for Human Resource Practice by David J. Walsh

Similar Asked Questions:

Chapter 16:
1. Can an employer terminate an employee without giving a reason?
2. How does an employee prove that they have been discriminated against?
3. Is it legal for an employer to have different standards for different employees?
4. Can an employer use past performance appraisals as evidence for termination?
5. What is the difference between performance deficiencies and legal compliance issues?

Chapter 17:
1. Can an employer use surveillance cameras in the workplace?
2. What are the privacy rights of employees in the workplace?
3. What is the difference between privacy and surveillance?
4. Can an employer use video surveillance to prevent theft?
5. How can employers balance privacy concerns with security concerns in the workplace?

Answer to Chapter 16 Question 1:

The court should decide whether the hospital chain discriminated against the woman based on her national origin. The hospital has cited inadequate management of legal compliance issues as the reason for the woman’s termination. However, if these concerns were not specifically addressed in her performance appraisals, it could be argued that the hospital used this as a pretext to terminate her. On the other hand, if several other employees had received counseling and were allowed time to correct performance deficiencies, but the woman was terminated without being given the same opportunity, this could suggest discrimination.

Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate based on national origin. The woman must prove that she was qualified for the position, that she suffered an adverse employment action, and that her national origin was a motivating factor in the decision to terminate her. If the woman can provide evidence of discriminatory intent or a disparate impact on employees of her national origin, the court may rule in her favor.

Answer to Chapter 16 Question 2:

It depends on whether the educational requirement is directly related to the employee’s job duties or whether the employee is required to take the courses outside of regular work hours. If the courses are job-related and required for the employee to perform their duties, then the employer may not be required to compensate the employee for the time spent attending classes, traveling to classes, and studying. However, if the courses are not directly related to the employee’s job duties or if the employee is required to take the courses outside of regular work hours, then the employer may be required to pay the employee for this time spent in training.

Under the Fair Labor Standards Act (FLSA), employers are required to pay nonexempt employees for all hours worked, including training time. However, the FLSA exempts certain training programs that are directly related to an employee’s job duties. If the courses are required by the employer and directly related to the employee’s job duties, the employer may be able to use this exemption to avoid paying the employee for the time spent in training.

Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more
× How can I help you?