Law Commercial Transactions Week 5 Assignment 1

Assignment 1: Discussion Questions

The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format. Post the answers to both parts in one discussion post and do not attach documents. The discussion assignment consists oftwoparts. Select one of the two questions for Part 1 and answer Part 2.BySaturday, June 11, 2016, submit your answers toPart 1 and Part 2to thisDiscussion Area. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students in as outlined in the rubric byWednesday, June 15, 2016.

Discussion Question Part I

SelectONEof the scenarios below and explain the best solution. Scenario 1 Employment Discrimination The Daiquiri Shak is a small casual pub located in YOUR STATE.The business is privately owned and has 20 employees. Frankie, a 45 year old openly lesbian applicant for a position as a bartender was denied the position. Frankie was highly qualified, with many years of experience in waitressing and bartending. Briana, a 25 year old college student was hired. Briana worked as a waitress and bartender at Hooters for 2 years. Research the state laws on non-discrimination in YOUR STATE.

• Using federal law and YOUR STATE law, discuss the probable outcome of a discrimination lawsuit based on sexual orientation.
• Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Scenario 2 Equal Employment Opportunity Tom Coats, a white man, was employed by the Shelby County School System (SCSS) in Memphis, Tennessee as a school counselor. Because of a drop in enrollment and reduced budget, Coats and some other counselors were laid off in order of seniority. The school system decided to retain Jackie Smith, a counselor with less seniority than Coats because she was the only black person assigned to the western part of the school district. However, there was no racial imbalance in the total employment of school counselors. Coats was rehired 18 months later but claimed he was the victim of reverse discrimination. His lawsuit requested $83,630 in back wages plus $36,000 in attorneys fees and other expenses.

• Discuss the arguments for each party, determine the outcome of the case and support the answer with appropriate laws, cases and examples.

Discussion Question Part II

Select two of the seven topics from the list below. Using the company created in Week 1, explain how your company will handle the issues related to the topics you select.

• Discrimination based on sexual orientation
• Independent contractors
• Negligent hiring
• Union organization
• Employee use of social media
• Drug testing of employees
• Electronic monitoring of company-owned computers, cell phone and/or vehicles