Reference no: EM133286178
Question - Employment Law Discussion
1. Discuss why it is important to define the status of employee correctly? Among the common-law agency test, IRS 20-factor analysis, and economic realities test, pick one of the tests and discuss how the test is used to define the status of an employee?
2. Discuss the factors that encourage workplace testing for ineligibility. What is the main criticism against polygraph testing?
3. Can employers lawfully consider race or gender when making hiring or promotion decisions? If so, may it only be used to remedy identified past discrimination? Discuss.
4. A pipefitter in a Chrysler assembly plant, a Cuban-born Jew, was subjected from his co-workers to hate graffiti on his locker, such as "Heil Hitler," and other harassment, such as slashed car tires. Can he recover damages for national origin discrimination? Is being Jewish a "national origin"? Can harassment and other abuse from co-workers rather than from management constitute national origin discrimination?
5. What is gender identity? How is it different from sexual orientation? How does it come to be protected under Title VII of the Civil Rights Act of 1964?
6. Employee, a Muslim, is a management trainee at an airport car rental office. As part of her religious practice, employee wears a hijab (headscarf). She is told by her supervisor that the hijab does not match the uniforms she is required to wear, so she must stop wearing them or be transferred to another position with less customer interaction. Employee was later terminated as part of a company cutback. She sues for religious discrimination. Does she win? Explain.
7. What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?
8. Corey, who works as a mechanic, falls off a ladder, breaks his arm, and loses consciousness. Upon returning to the company post-treatment, the company transfers him to a different position. Does the company need to make a report under the Occupational Safety and Health Act (OSHA)? If yes, what are the details to be included in the report? Explain.