The Value of Fair Treatment in the Work Place

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You have been hired as a management consultant by a large company to examine the company’s business decisions regarding employee protections. The applicable laws are federal anti-discrimination laws, federal health and safety laws, and employer firing practices related to the employment-at-will (EAW) doctrine.

Cover Page

Include the assignment title, your name, course title, your professor’s name, and the date of submission on a separate page

This is a resource – you are not required to answer all these questions but your answers should reflect an understanding of all these questions

1) Analyze, identify, and explain recent legislation, within the last 10 years (can be over 10 years but then find recent caselaw to exemplify it), that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state. (25%)

Foundation from reading Chapters 19 and 20 – Jennings, Marianne. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
• Examine the definition of workplace discrimination.
• Discuss 2 federal legislations that protects employees from discrimination in any capacity. See the textbook and/or: https://www.eeoc.gov/laws/types/index.cfm
• Discuss relevant and recent caselaw to explain legislation protections.
• What is the procedure when federal legislature (laws) conflicts with the State (laws)? In other words, what is the Supremacy Clause?
• Support your answer where applicable.

2) Explain the EAW doctrine and all exceptions to the doctrine. (25%)

• Explain the Employment at Will Doctrine in your own words.
• Explain all the Exceptions and think outside the box.
• What are the common rules and policies – such as anti-discrimination laws and other employment laws, that protect employees from termination?
• Think about all the areas of law we covered this quarter.
• What specific legislation has been written? (Example: Whistleblower protections)

Look at the scenarios below and determine whether the decision to fire the employee is a smart one. Identify why or why not, and determine all the possible exceptions per the EAW doctrine that are, might be, or could be applicable if the employee sues for wrongful termination.

1. Ask yourself – is this a case of wrongful termination – why or why not?
2. What is the law or exception that might apply given the scenario?
3. Is there an exception that can be applied? Can the employee make a good argument that one should? Employer make an argument why or why not and should not?

• Use statutes and/or case law to support your answer where applicable.

Brenda, a manager, started a blog on the company website for employee grievances. She noticed that a worker was protesting that no Asian American employees had gotten a raise in two years at the company. The worker also criticized how much the CEO made and how the CEO was “out of touch.” Brenda reprimanded the worker. The next day, the worker talked to fellow co-workers about forming a union. Brenda subsequently fired the worker.

Jason, a department supervisor, requests approval to fire his secretary, Alice. Alice, a devout Christian, has been putting Right-to-Life flyers in the employee breakroom. Alice is also taking time out to pray each day during the busiest time of the morning.

Brian, the head of the accounting department, refused to sign Lori’s leave request for jury duty. Lori is a tax attorney in his department. Brian wants to fire Lori for being absent without permission during their busiest time—tax season.

Peter has worked for the company for one year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working, but his boss is not happy with his performance and wants to let him go.

3) Determine the federal law regarding undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position. (25%)

• What is the federal law regarding those undocumented and working in the US and, what is required for employer’s to verify employment?
• Explain your State worker’s compensation in the US and whether it applies to undocumented workers.
• Explain what an undocumented worker is – what does this mean?
• Explain how federal immigration law conflicts with the state worker’s compensation law.
• Argue for or against this practice and provide – why you agree or do not agree with it.
• Provide some substance to your answer.

Use at least two (3) quality resources in this assignment. (15%)

Quality resources are course textbook, published books, academic journal articles, and expert report. Wikipedia is not accepted.

Clarity, writing mechanics, and formatting requirements (10%)

 

Sample Solution

Chinese militarization in the Spratly Islands has proven much more contentious in recent years as they have seen both rapid island reclamation as well as the introduction of unprecedented military capabilities. Moreover, the Spratly Islands are contested by China, Vietnam, Taiwan, the Philippines and Malaysia, and all have established constructions on some of the islands. China has been by far the most active in the expanding and equipping its islands, including the construction of large anti-aircraft guns. Experts also suspect that close-in weapons systems (CIWS) have been introduced to some of the islands to protect against cruise missile strikes. The placement of these defences shows how China is willing to defend these islands and are prepared to respond in the case of an attack. Of the islands China has developed, Fiery Cross, Mischief and Subi Reefs are the by far the most advanced (see Figure 3). Each has enough hangars to accommodate 24 combat aircraft and four larger transport planes, bunkers to house missile launchers, as well as radars that allow for the monitoring of the surrounding area (AMTI 2017). By March 2018, China had verifiably landed military transport aircraft on all three of its main islands in the Spratlys marking a major milestone in developing its military capabilities in the region. According to U.S. intelligence, China also deployed YJ-13B anti-ship cruise missiles and HQ-9B surface to air missiles on the 2nd May. Offensive capabilities such as air power, radars and missiles give China a sizable advantage in the region, causing concern for both the U.S. and other claimant countries. Overall, China’s military capabilities in the SCS are unparalleled, with Admiral Philip Davidson, Head of US Pacific Command stating that “China is now capable of controlling the South China Sea in all scenarios short of war with the United States” (CNN 2018). Figure 4 shows the observed, reported and expected capabilities China has or is likely to have from its four most equipped islands: Woody island in the Paracels and Firey Cross, Mischief and Subi Reef in the Spratlys. Once these capabilities are fully operational, China will have comprehensive control over the region. This military capacity gives China the upper hand in diplomacy and as of present, has granted it immunity from abiding to international arbitration. Further militarization has shown China’s commitment to its sovereignty claims and the lack of commitment it has to abiding by UNCLOS. The long-standing failure to comply with international l

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