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social science
employment law for human resource practice

Questions and Answers of Employment Law For Human Resource Practice

An employee believed that he had been discriminated against by his employer. He filed a lawsuit in federal court, but the employer argued that the court should require him to arbitrate the dispute
After a jury awarded a plaintiff $300,000 in damages in a sexual harassment case, a federal district court judge reduced the awarded to $50,000. The judge did so because at the time of the jury’s
A teacher was terminated and filed a discrimination charge with the EEOC. While his case was pending, he moved to another state to care for his mother, who was in the final stages of Alzheimer’s
To become a driver with Uber, an individual must complete an application form; provide evidence of a driver’s license, registration and insurance; undergo a background check; pass a “city
This case involved a class of unpaid interns who worked for Fox Searchlight Pictures and Fox Entertainment group, asserting violations of the federal Fair Labor Standards Act (FLSA) and state laws
A for-profit college in Florida offers an accredited program for training nurse anesthetists. The college’s owners also have ownership interests in a company that provides anesthesia services.
“Black cars” are for-hire vehicles that provide ground transportation by prearrangement with customers. Black-car drivers rent or purchase their franchises directly from franchisors. The
The plaintiff is one of approximately 200 operators working for a marketing company that provides “customer relationship management services” to corporate clients nationwide. Since early 2006,
What is your view of unpaid internships? Should they ever be lawful? A long-time critic of unpaid internships has argued that the court erred in Glatt v. Fox Searchlight Pictures by focusing on
Should “student-athletes” who participate in “big-time” college sports programs be considered employees of the universities they attend? Why or why not? (See Taylor Branch. “The Shame of
Is the employee/independent contractor dichotomy adequate to capture the legal essence of all working relationships or – particularly in the case of “on-demand” or “gig economy”
The plaintiff Judy Jones began working for Oklahoma City Public Schools as a teacher in 1969. She was the principal of an elementary school for approximately fifteen years. In 2002, she was promoted
An African American police detective and two of his white colleagues were suspended for allegedly falsifying time sheets. All three individuals were subsequently reinstated with the same job titles,
Plaintiff, an emergency medical technician employed by defendant, was terminated within hours of complaining to her supervisors that a male co-worker had sent her a text message containing a graphic,
A hospital posted two job vacancies for nursing positions, one in the critical care unit (CCU) and the other in the operating room (OR). A male nurse who had worked at the hospital for approximately
DeMasters worked as an employee assistance program (EAP) consultant for Carilion. In this role, he reported employee complaints to Carilion’s human resources department. In late 2008, John Doe, a
An African American employee with 20 years on the job and no prior disciplinary record was issued a “final written warning” as discipline for his involvement in a work-place incident. Under
A female account executive at a financial services firm filed a charge of sexual harassment with the EEOC. When the charge was filed, the chief executive officer of the firm forwarded a cop of the
How likely is it that you might be discriminated against in the workplace? Why do you think this?
To the extent that doing so is permitted by state law, would you recommend that an employer examine job candidates’ social media activity in the recruiting process? Why or why not? If you think
A company with 500 employees is a major subcontractor working on radar systems for the U.S. Air Force. Among other job titles, it employs 60 engineers, 100 administrative support personnel, and 160
A woman worked at a health-care facility as a medical assistant. A staffing firm hired and assigned another woman to work at the same facility, also as a medical assistant. The two women did not get
In this putative class action, plaintiffs allege that defendant’s system for conducting background checks violates the Fair Credit Reporting Act (“FCRA”). Plaintiffs are employees who were
A woman applied for a job in the hospitality industry through the online professional networking site LinkedIn. Her interview went well and she was told that she would be hired. Alas, she was not
Margaret Wright retired from her position as a caseworker at the Peoria Field Office of the Illinois Department of Children and Family Services (“The Department”) after the Department ordered her
Would you advise an employer that operates retail clothing stores to drug test? If so, under what circumstances? Using what procedures? What should be done regarding applicants or employees who test
A manufacturing firm received reports of drug and alcohol ab use by its employees. The factory had experienced some property damage and a few workplace accidents that the company attributed to
Beginning in 2004, the FBI revised its physical fitness measure for FBI trainees (PFT), first conducting job analysis, then a Pilot Study and later a follow-up study using then-current trainees as
A paramedic with a record of good job performance became romantically involved with a married coworker. The relationship was stormy, however, and the paramedic began to get into conflicts at work and
In October 2006, the San Francisco Sheriff’s Department (“SFSD”) implemented a new policy prohibiting male deputies form supervising female inmates in the housing units of the jails operated by
From 1990 to 1992, the State Department had in place a hiring plan aimed to increase racial diversity among the officer corps in the U.S. Foreign Service. Plaintiff William Shea, a white Foreign
An African-American woman applied for a job as a customer service representative. Despite the title, the position involved handling telephone calls rather than interacting directly with customers.
An African American woman worked for an employer for seventeen years, rising to the position of Operations Manager. She consistently received satisfactory evaluations and was told by her supervisor
In this case, the decision-makers assumed that an older candidate would retire imminently, and manipulated the interview and selection process to avoid hiring this individual. The result was age
Would it be preferable to base affirmative action on socioeconomic status (i.e., a preference for those who are poor or economically disadvantaged) rather than race of sex? Why or why not? [See David
Look up the harassment policy of an employer that you work for or the school that you attend. How does this policy compare to the advice contained in this chapter? Are any important terms missing
A female employee at a health-care clinic was subjected to almost daily sexual remarks and propositions over a period of thirteen months. She reported the conduct to the clinic, but no action was
Under what circumstances is termination of a harasser the appropriate remedy? Is it advisable for an employer to have a “zero tolerance” policy with respect to violations of its harassment policy?
An analyst who conducted statistical research, wrote reports, and made presentations, fell while exiting a commuter train on his way to a client’s facility. He lost his footing and struck both
Samson applied for a job with Fed Ex as a Vehicle Technician. He was an experienced vehicle mechanic, and also a Type-1 insulin-dependent diabetic. Since FedEx is a motor carrier, the Federal Motor
A woman employed as a deputy clerk in the criminal division of a state court had a history of mental illness dating back to her teenage years. As a teen, she had been diagnosed with severe
Plaintiff Keith was born deaf. He wears an external sound transmitter, and can detect noises through his cochlear implant, such as alarms, whistles, and people calling for him. Although he is unable
EEOC sued Ford Motor Co. on behalf of Jan Harris, a Ford Motor Co. with irritable bowel syndrome. She sought to work from home on an as-needed basis, up to four days per week. Ford had denied her
Davis was a Desktop Support Supervisor responsible for supervising about fifteen information technology technicians. Over the weekend of July 4, 2011, the County was installing new desktop computers,
Ms. White’s need for FMLA leave was based on an injury to her knee, which occurred in April 2010. An orthopedist prescribed physical therapy, and told her she might need surgery if the knee
Young was a delivery driver for UPS. In 2006, she requested a leave of absence in order to undergo in vitro fertilization. The procedure was successful, and Young became pregnant. During her
A police sergeant in the Army Reserve was mobilized and sent to serve in Iraq. He notified the police department that he was being deployed and was overseas for a little more than a year. During his
Plaintiff filed suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA), arguing that when he returned from service in the U.S. Air Force, FedEx improperly paid him a $7,400
Hively was an openly lesbian woman teaching as a part time adjunct professor at Ivy Tech. Her part-time contract was renewed several times over 14 years, during which she applied for at least six
Some employers have moved to “paid time off” policies in which distinctions between different forms of paid time off (e.g., sick days, vacation days, personal time) are eliminated. Instead,
Plaintiff Susan Kellar worked as a sewing manager for Summit Seating, a small manufacturer of seating for buses, trucks and vans. Although she worked on an hourly basis, she supervised seven or eight
An employer has a “flexible time” policy that it applies to its sales representatives, who work online at the company’s office. Sales reps are permitted to log off their computers and take
How should overtime pay be calculated for tipped employees?
A waiter at a restaurant had numerous duties in addition to serving customers. He brewed tea and coffee; cut, arranged, and stocked lemons and limes; and cleaned the soft drink dispensers, replaced
Plaintiffs were accountants who worked for KPMG LLP as audit associates. They brought suit alleging that they regularly worked overtime, but were not paid for it. KPMG argued that because they worked
Riser began working for Questar in 1997 at aged 50 years old, and was promoted to the position of Administrative Services Representative II in 2003. While she was at Questar, She managed a fleet of
A woman was hired as the “chef de cuisine” at a catering company. The company had an executive chef, who supervised the kitchen manager and the chef de cuisine. On the organizational chart, the
What do you think about the pay discrimination claim brought by members of the U.S. women’s soccer team (see the Clippings feature)? Are they likely to succeed? Why or why not?
The Department of Labor has changed its mind about all tips being the property of employees and is now saying that if an employer pays the full minimum wage to tipped employees and does not avail
Harrison was a customer service representative for Wells Fargo who was admitted to the Emergency Room on May 20, 2011, where it was discovered she had a large thyroid mass which would require surgery
BP’s stock price fell substantially after the 2010 Deepwater Horizon oil spill, and employees who owned BP stock claimed that the loss in value of their company stock holdings was attributable to
In February 2014, shooting began for Midnight Rider, a film based on the lives of the Allman brothers. The film was never completed. As the film crew set up to shoot a scene on an active train
Should employers offer incentives to their employees to promote workplace safety? If so, how should an incentive program be designed so as to not dissuade employees from reporting workplace injuries?
A flight attendant had made her last flight of the day and proceeded with other flight crew members to a hotel. Her next scheduled flight was early the next morning. On the way back from a restaurant
Think about a restaurant, store, office or factory where you have worked. What safety and health hazards existed in that workplace? What measures were used to address those hazards? Was safety given
What do you think are the occupational safety and health implications of the increased use of robots in the workplace? (John Markoff and Claire Cain Miller. “Danger: Robots Working.” New York
Concerns have been raised about the safety and health of employees who develop electronic games for the video game industry. Which hazards might they be exposed to? Are those hazards necessary or
A public school science teacher learned that for months he had been watched in his classroom by a secret camera. The camera had apparently been placed in the classroom by a school administrator who
Estrada sued her former employer, Wal-Mart alleging that the Asset Protection Manager, Durham, wrongfully accused her of embezzling $4,000, false imprisoned her during a related interrogation, and
A few months after an employee who was hired as a sales clerk at a jewelry store, she was asked by a customer to perform a transaction that the clerk was not familiar with. Despite repeated tries to
Does it make sense as a matter of public policy to continue to rely so heavily on employer-provided retirement and health plans? Why or why not?
Faculty in the theater department of a private school that is not unionized were upset after the school administrators weighed in shortly before a musical play was to be held and insisted that major
Boeing had a policy restricting the use of camera-enabled devices such as cell phones on its property. Boeing’s “no-camera” rule does not explicitly restrict activity protected by Section 7 of
When rumors of union activity surfaced at AutoNation’s Libertyville dealership in the Summer of 2011, the company held a series of meetings with the affected staff. An employee surreptitiously
Are right-to-work laws a good idea? Why or why not?
Should the collective bargaining rights of public employees be eliminated? Expanded? Why do you say that?
An employee was approached by his employer and told that he would have to sign a noncompetition agreement as a condition of continuing his employment. He resigned rather than sign the noncompete.
Approximately 400 employees were laid off within two weeks of the purchase of the company for which they had been working. The purchase agreement called for the purchasing firm to retain all of the
NanoMech brought suit against a former employee, Arunya Suresh, for breach of her noncompete agreement. The district court granted summary judgment on the pleadings for Suresh, ruling that the
An auto and home insurance company was having financial problems. The owners became particularly concerned about the cost of the company’s health plan. Dismayed by the rate quotes they were getting
Eclipse Aviation Corporation declared bankruptcy in November 2008, but reached an agreement to sell the company to its largest shareholder, European Technology and Investment Research Center (ETIRC).
As part of a major corporate reorganization, Allstate Insurance Company terminated thousands of its agents and presented them with several options. If they desired to stay with the company, they
In this case, the court must decide whether a public school teacher’s intemperate remarks about students on her personal blog – remarks that provoked considerable community outrage when they
Should employers operating under employment at will use probationary periods for newly hired employees? Why or why not?
In this case, the court must decide whether an employee in the financial services industry engaged in activity protected under the Sarbanes-Oxley Act when he made reports to supervisors about a
After being reassured repeatedly and prominently in writing that her employer would take no adverse action against any employee for bringing a complaint to the home office – and in fact that the
A single mother arrived at work to find her desk in disarray and her computer moved. She was immediately approached by her supervisor, a large man who lifts weights. He told her “we need to have a

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