Employment Law for Human Resource Practice 5th edition David J. Walsh - Solutions

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• Suggest why the growth of the service sector has boosted part-time and female employment.• Consider the type of jobs, and the quality of the jobs that are available as a result of this expansion.
• Why does the glass ceiling persist in the twenty-first century and what prospect is there for smashing it?• Given that Lord Davies’ target was not met by 2015, what chance do you think there is that the revised target of 33 per cent female board membership of the FTSE 350 by 2020 is
To what extent are broader patterns of occupational segregation useful for explaining the varying levels of representation of women in senior roles as shown in Table 4.3?
Give some thought to the data presented in the section. How might you begin to explain the differences between the unemployment rates of different ethnic groups?
The uneven geographical spread of ethnic minority groups means that some local labour markets remain practically unaffected by the arrival of migrants from within and beyond the EU, while others have experienced a marked change in the ethnic composition of the population and make-up of the labour
• Thinking about the organisation you work for, or one with which you are familiar, does elder care pose a challenge to managers and employees?• What measures, if any, do you think employers should consider introducing to assist employees with elder care responsibilities?
• Consider how HRM practices aimed at attracting and retaining suitable labour would need to vary according to population density and population composition in different regions of the UK.• Contrast the case below (Box 4.1), reported by the BBC, and the methods that are likely to be used to
Think about a range of industries and sectors, for example, the care sector, hospitality, construction, retail, engineering and IT. What types of workforce will have low turnover costs and why?What types of workforce will have high turnover costs?
1. Identify the many and varied stakeholders affected by the collapse of BHS and the key interests of these different groups.2. What tensions might be created by different stakeholder interests and to what extent can they be addressed?3. What ethical issues are raised by the BHS case? How might
Identify some recent events that are likely to play a significant part in the context of HRM.
In what ways does the conceptualisation of context adopted by this chapter differ from more commonly used approaches (e.g. in the models of HRM in Chapter 1)? Does it add to the understanding they give of HRM and, if so, in what way?
What assumptions and ‘world hypotheses’ appear to underpin the tapestry metaphor of this chapter, and what are the implications for your use of it?
What similarities do you see between systems thinking and these developments in science?
• How would you represent an organisation in a changing world in terms of the open systems model?• Working individually or in groups, identify its inputs (where they come from, and how they could be changing), how it converts these, and what its (changing?) outputs might be.• What are its
Go back to the models of HRM presented earlier (see Chapter 1) and, working either individually or in a group, start to elaborate upon the various wider contextual elements that they include. Look, for example, at the external forces of the ‘matching model’ illustrated in Figure 1.2.
Revisit Case Study 3.1. How does the language used to describe the gig economy influence our understanding of it?
Some of you will have worked in a call centre. Working on your own or in a group, examine your experiences of working there.• Could you identify one or more of these managerial strategies in your workplace?• What might have been your experiences had the management adopted a different strategy?
Reflect upon this way of understanding context.• How different is it from the way in which you would have defined the context of HRM based, for example, on the various models presented in Chapter 1?• Does this challenge the way you generally think and, if so, in what way?
1. Using Whittington’s model, identify the dominant strategic approach within low fares airlines. 2. What are the common external pressures facing both low fares airlines and legacy airlines? 3. What are the short-term and long-term risks for companies adopting low road employment
To what extent has increasing financialisation challenged best-practice SHRM?
To what extent is it possible to measure the relationship between SHRM and organisational performance?
To what extent can organisations apply both ‘outside-in’ and ‘inside-out’ approaches to SHRM?
Compare and contrast life cycle, competitive advantage and configurational models of SHRM.
In what ways is your understanding of SHRM enhanced by models of the four distinct approaches to strategy-making?
Examine the Profession Map at http://www.cipd.co.uk/cipd-hr-profession/hr-professionmap/.To what extent do you agree that these behaviours are important for effective HR professionals?To what extent do you consider that the map is ‘applicable to HR professionals operating anywhere in the world,
Why do you think so few HR professionals want to be employee champions?
What key HR challenges have been raised in your organisation as a result of the UK’s decision to leave the EU?
What factors might influence the take-up of practices associated with high-commitment HRM?
If there is a link between HRM and organisational performance, why is there not a more extensive use of HRM practices?
Reflect on Wright and Snell’s fit/flexibility model (see Figure 2.5). How might an HR professional facilitate flexibility?
In what way does Whittington’s (1993, 2001) typology of strategy impact on your understanding of ‘vertical integration’? You may find it useful to use Table 2.1 to guide your thinking.
What challenges does the systemic view of strategy pose for multinational organisations?
Why might an intended strategy not be realised in practice? Why do strategies sometimes emerge?
1. What key challenges are likely to be created by the coexistence of these three scenarios?2. What are the implications of these different scenarios for the HR function?3. What types of HRM practices would you recommend for each scenario?A team from PwC and the James Martin Institute for Science
What long-term impact might the focus on short-term financial returns have on HR’s ability to demonstrate how it adds value to sustainable organisational performance?
To what extent can demonstration of the competencies identified by Ulrich et al. (2012) and CIPD’s Profession Map help to raise the perceived added value of HR?
Studies of HRM and performance differ on a number of grounds, including the HR practices considered, methods of data collection and the respondents asked to provide information. How does this lack of consensus affect our understanding of the association between HRM and organisational performance?
The ‘matching model’ (Devanna et al., 1984) and the ‘map of the HR territory’ (Beer et al., 1984) were conceived 30 years ago. To what extent are they still relevant to the study of HRM in organisations today?
• What does the term HRM mean to you?• To what extent is it possible to have policies and practices that meet the needs and objectives of organisations and individuals?
Johnson, a white male, was passed over for a promotion to the position of road dispatcher. All candidates that were deemed qualified were given scored interviews. Johnson was tied for second highest score (with a 75). Joyce, the woman who received the promotion, had the next highest score (73). The
A railroad made a conditional offer of employment to a candidate for a conductor trainee position but subsequently rescinded that offer on the grounds that the man was not qualified for his safety-sensitive position because of the significant health and safety risks associated with extreme obesity.
Following a heart attack, a car salesperson’s doctors recommended that he find a less stressful job that would allow him to work fewer hours and no weekends. The salesperson discussed his situation with the General Sales Manager at the dealership, and he also began looking around for other jobs.
A young woman was hired to work at a McDonald’s restaurant. She was fifteen years old but had indicated on her application that she was sixteen. She often worked with a 21-year-old male who was a “shift leader” at the restaurant and a participant in a Manager-in-Training program. In his
How should employers deal with religious advocacy or proselytizing by employees?
A man diagnosed with schizophrenia worked for New York City as a case manager. He took medication that made him drowsy and sluggish in the morning. Even though the agency he worked for had a flex-time program that allowed employees to start work between 9:00 and 10:00 a.m. and to leave work anytime
Employers generally seek to minimize costs related to overtime work. What are some options for accomplishing this goal in a lawful manner?
What can an employer do to avoid the situation of making and then withdrawing an offer of employment?
Hamilton, an African American male, was denied promotion 3 times, and on the third denial, sued, alleging race and sex discrimination, and retaliation. A white female was hired for the position, although Hamilton had clearly superior qualifications. The reason given by the agency (the IRS) was that
A hospital had the following policy: “All pregnant personnel must immediately report pregnancy status to the director. … The pregnant personnel shall not partake in any fluoroscopy or portable procedures during her term. This will ensure safety and protection.” Fluoroscopy involves
Exxon had a policy of requiring its corporate pilots to retire at age 60. The company employers numerous pilots who fly jet planes to and from various locations worldwide. However, although many of their duties are similar to those of commercial pilots, the corporate pilots are not subject to the
An anesthesiologist addicted to pain killers worked for an anesthesiology practice that treated patients at a hospital. After several incidents, the doctor was terminated for reporting to work impaired and putting “our patients at significant risk.” Within two months of his termination for
Ketchikan Drywall Services (KDS) has four full time employees, and about 20 part-time employees, and hires additional employees as needed on a project-by-project basis. KDS requires applicants to apply at their office, and fill out I-9 forms. Despite the efforts o a new Controller to improve
The organizers of an annual country music festival hired numerous temporary employees as “camping staff” to help with the festival by admitting people into the campground, exchanging tickets for wristbands, assisting campers, answering questions, and giving directions. The festival was
A female bartender had worked at Harrah’s Casino for 20 years. During that time, her job performance had consistently been rated as excellent. A “Beverage Department Image Transformation” program was implemented. Under the program, all beverage servers were to be “well-groomed, appealing to
Should weight ever be considered in making employment decisions? If so, when?
Under financial duress, a school district was forced to lay off teachers. The Business Department of the high school had two female teachers equal in seniority and performance. One of the teachers was African-American and the other white. Unable to resort to its usual procedure of conducting
What should an employer who has decided to implement an affirmative action program do to maximize support for the program and minimize resentment or “backlash”?
a) During its spring 2012 term, the U.S. Supreme Court is expected to decide a constitutional challenge to the University of Texas’ affirmative action program (Fisher v. University of Texas at Austin, 2012 U.S. LEXIS 1652). It is widely believed that the Court will take this opportunity to
The mayor of Newark, New Jersey decided that the city would eliminate all single-race fire companies in the fire department. To do this, dozens of firefighters were involuntarily transferred to other companies on the basis of their race. Others were denied desired transfers because of the effects
In 1974, the city of Shreveport, Louisiana, hired its first African American firefighters. The three hires were in response to a lawsuit against the city and followed over 100 years in which the city’s fire department had not hired a single African American. This brief flurry of hiring African
To analyze their work forces and determine if affirmative action is needed, employers must document the protected class characteristics of their employees. How can this be accomplished in an effective and legal manner?
Beginning in 1977, the city of Cleveland entered into a consent decree to recruit more minority firefighters. It admittedly had discriminated in hiring minority candidates in the past, and its minority hires were only 4% of the department, but a much larger percent of the population. The court
It is often recommended that managers be evaluated and rewarded in significant part on the basis of their commitment to diversity. Is this a good idea? Can commitment to diversity be measured apart from numbers of women or people of color hired and promoted?
Dr. Melissa Gerald, a scientist who worked at the University of Puerto Rico in its Caribbean Primate Research Center, encountered difficulty with her supervisor, Dr. Edmundo Kraiselburd. After working together without incident for several years, the two engaged in a one-week sexual liaison while
A 16-year-old worked in a concession stand at a theme park. The owner of the park, a 48-year-old man who was a long-time friend of her parents, came to the concession stand and began talking to her and another young female about the subject of birth control. The owner told them that they needed
The EEOC brought suit on behalf of two servers who alleged sexual harassment under Title VII, resulting in a hostile work environment. The trial court found in their favor, and the employer appealed, relying on the Faragher/Ellerth affirmative defense. 1. What were the legal issues in this
Try drafting a harassment policy for an employer. How does your policy compare to the policy of the employer that you work for or school that you attend?
The plaintiff was a male who held the position of Local Sales Manager for a TV station. He was supervised by General Sales Manager Patty Dean and the two were under the supervision of General Manager Kathy Sparks. Hardage worked in the Seattle sales office, while Sparks worked out of the corporate
A woman who worked in the deli department at a Wal-Mart was assaulted in a walk-in cooler by a male coworker. The coworker lured her into the cooler, pulled her against him, kissed her, slipped his hand under her shirt, and felt her breast. The woman told two coworkers about the incident
Should employers attempt to prevent harassment by restricting romantic relationships between employees? If so, what should such a policy entail?
A female mechanic worked at a truck assembly plant. Women made up less than 10 percent of the workforce at the plant. On one occasion, the woman found a tampon hanging from the key ring of a truck to which she was assigned. On another occasion, a picture of a nude woman appeared on the screensaver
A female doctor, just out of medical school, went to work at a family medical clinic. Her supervisor, a doctor, was also the sole owner of the clinic. A few weeks after she had started work, her supervisor showed her an X-ray of his hip that clearly displayed his penis (which he referred to on many
A female nursing home employee was subjected to repeated conduct by her supervisor that included calling sex chat lines and talking to them over her shoulder while she worked; calling her a “stupid bitch”; unlocking the door to the restroom while she was using it and coming in with another
The plaintiff Horgan had been diagnosed as HIV positive ten years previously, but chose to keep his status confidential. His job performance remained good and he was promoted to the position of General Manager of the company’s Chicago facility. Simmons is the president of the company and was
A photography studio hired a profoundly deaf employee as a “performer.” She communicates with hearing individuals by writing notes, gesturing, pointing, and miming. She can also type, text message, use body language, employ basic American Sign Language signs that most people can understand, and
The plaintiff in this case is a deaf person who does office work for UPS. His primary language is American Sign Language (ASL). He reads and writes in English at a fourth or fifth grade level. He was able to successfully perform his job duties. However, he encountered difficulties participating in
A schoolteacher was successful at teaching kindergarten for five years. She requested to teach first grade and was then reassigned to a classroom that had no exterior windows. She told the school principal that she suffered from seasonal affective disorder, a form of depression. She made numerous
What reasonable accommodations would be most appropriate for persons with psychiatric disabilities?
The employer instituted a dress code that included a “no facial jewelry” requirement. An employee who wore facial jewelry informed the employer that she was a member of the Church of Body Modification and that the policy conflicted with her religious practices. The employee was eventually
A cashier at a Costco store wore facial jewelry. The company subsequently revised its dress code to prohibit all facial jewelry except earrings. Despite the change of policy, the woman continued to wear her eyebrow piercings without managerial objection. A few months later, however, managers
What are some ways of handling conflicts between work schedules and religious obligations?
An activities aide worked at a private, for-profit nursing home. Her job responsibilities included reading newspapers to residents, playing games with them, performing a nondenominational devotional reading, and keeping residents entertained. She was called in to work on an off day and assigned to
A receptionist at a medical office was required to wear a new name badge. The back of the badge listed “Our Ten Commandments”—a set of office rules. The woman, who is a Catholic and takes her religion very seriously, objected to the badge and its reference to “commandments” because she
In 2007, Oregon enacted a law providing legal recognition to same-sex relationships as domestic partnerships. An employee in a county clerk’s office asked to be excused from having to register same-sex couples because of her religious belief that homosexuality is a sin. The county clerk initially
An unmarried teacher at a Catholic school ws terminated after she revealed that she was pregnant by artificial insemination. The teacher, who is not Catholic herself, taught computer science. She did not receive any religious instruction as part of her job and did not provide any religious
An employee had an afternoon medical appointment to receive treatment for some chronic medical conditions. He was granted FMLA leave for the appointment. The parties now dispute whether the leave was intended to be just for the afternoon o for the entire day. In any event, the employee did not
How should situations where employees need to take frequent intermittent leave be handled?
An employee was hired and began work on August 25, 2005. His fiance unexpectedly went into labor on August 8, 2006. The employee notified his supervisor of the situation and requested to use several days of accrued paid leave. The request was granted. The employee returned to work on August 16,
Comment on the legality of this employer’s leave policy. What might a more legally sound leave policy look like?
In September, 2007, Lichtenstein was transferred to UPMC’s medical center in Braddock, PA, and was fired 4 months later. Because this was a new position for her, Lichtenstein was subject to a six-month probationary period in which the medical center’s progressive disciplinary policy did not
Paula Crawford appealed the District court’s grant of summary judgment in favor of Chase Bank on her FMLA interference and retaliation claims. She began her career in banking working for a predecessor bank which became Chase Bank in 1995. While still at Chase in November, 2003, she also began
A night dispatcher for a trucking company with several hundred employees took medical leave to recover from a serious operation for a heart problem. He had worked at the trucking company for a number of years and was a “rotational employee.” His normal work schedule was twelve-hour days, with
An employee who is expecting a child is eligible and makes a timely request for parental leave. Draft a letter responding to her request for leave and notifying her that it will be considered FMLA leave. What should be included in this letter?
The plaintiff is a police officer who was also in the Army Reserve. He was informed in October 2003 that he was being deployed to Iraq. He told the police department on the same day. While in Iraq, the plaintiff was caught manufacturing alcohol (homemade wine). He was charged with conduct
A financial advisor at a securities firm was also a member of the United States Air Force reserve. He was called to active duty following 9/11. At the time of his activation, he was managing 237 client accounts and earning about $76,000 per year. The financial advisor was honorably discharged in
Would you advise employers with multi-lingual work forces to adopt English-only rules? Under what circumstances?
A taxi company instituted an English-only policy for its dispatch office. All of the employees spoke English, although some spoke Spanish as well. The memo announcing the policy stated that “there is to be no Spanish spoken in the main office” unless a customer did not speak English. The policy
An airline customer service representative had the following attendance record: In 1994, she took five weeks of medical leave to recover from a broken toe; in 1995, she took three months of parental leave from May through July; she also called in sick several times during these two years. In
Should pregnant employees be entitled to reasonable accommodation regardless of whether they would be considered disabled under the ADA?
Gotham Registry is a staffing agency that provides hospitals with nurses. It was required to pay nurses overtime pay. However, the hospitals that used its staff did not always pay the agency extra to cover the costs of overtime work. This prompted the agency to adopt a policy requiring advance

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Employment Law for Human Resource Practice 5th edition David J. Walsh - Solutions

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