Legal Issues in Reduction of Workforce Simulation

Legal Issues in Reduction of Workforce Simulation

Chun-Han Hsu

University of Phoenix

MBA 560: Enterprise Risk

Group LM06MBA01

Instructor: James M. Eisenman, Esq.

June 7, 2007

A. In a table, identify, for each of the five candidates for dismissal, the key concepts of employment law that would affect his or her employment status. Be sure to cite the text as appropriate

Candidates Employment law

Carl Haimes Sexual Harassment: Ў§Another type of sexual harassment is the hostile work environment, one in which coworkers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffitiЎЁ (Reed, 2004, p 452)

Brian Carter Ў§The ADA prohibits employer discrimination against job applicants or employees based on (1) their having a disability, (2) their having had a disability in the past, or (3) their being regarded as having a disability. Under the ADA disability is defined as Ў§any physical or mental impairment that substantially limits one or more of an individualЎ¦s major life activities.ЎЁ Ў§Physical and mental impairmentЎЁ includes physical disorders or conditions, disease, disfigurement, amputation affecting a vital body system, psychological disorders, mental retardation, mental illness, and learning disabilities. Ў§Major life activitiesЎЁ include the ability to perform manual tasks, walk, see, hear, speak, learn, breathe, care for oneself, or work.ЎЁ (Reed, 2004, p 464)

Sarah Boyd Ў§Neither the Civil Rights Act nor the Equal Employment Opportunity Act forbids discrimination based on age. However, the Age Discrimination in Employment Act (ADEA) does. It prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees. Only bona fide executives and high policymakers of private companies can be forced into early retirement. The ADEA also invalidates retirement plans and labor contracts that violate the act.ЎЁ (Reed, 2004, p 462)

Nora Manson Civil Rights Acts

Title VII prohibits discriminatory employment practices based on race or color that involve recruiting, hiring, and promotion of employees. (Reed, 2004, p 449)

Jenny Mills Ў§The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. Under it, employers can no longer discriminate against women workers who become pregnant or give birth. Thus, employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. The law covers unmarried as well as married pregnant women. It also states that an employer cannot force a pregnant woman to stop working until her baby is born, provided she is still capable of performing her duties properly. And the employer cannot specify how long a leave of absence must be taken after childbirth.ЎЁ (Reed, 2004, p 455)

B. Explain whether there are any extenuating regulatory circumstances (e.g., exceptions to employment at will, or a collective bargaining agreement) that would affect the decision to terminate these people.

The extenuating regulatory circumstances that would affect the decision to terminate these people are covered in the Employee-at-Will Doctrine.

Carl Haimes was humiliated by a few of his colleagues, making some very rude remarks about HaimesЎ¦ sexual orientation. This would be protected by the sexual harassment provisions of Civil Rights Act. The act makes illegal discharge based on sex origin.

Brian Carter, who has suffered a severe pain in his right wrist and has been diagnosed with carpal tunnel syndrome due to excessive strain on the wrist, would be protected by the Americans with Disabilities Act, which prohibits employer discrimination against job applicants or employees based on: (1) their having a disability, (2) their having had a disability in the past or (3) their being regarded as having a disability.

Sarah Boyd, who has been with the company for 15 years and at the age of 53 years-old, is protected by the Age Discrimination in Employment Act (ADEA). Ў§It prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees.ЎЁ (Reed, 2004, p 462)

Nora Manson, who is an African-American employee,