Discrimination exists in business regardless of the laws that were designed to protect workers. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, national origin, and gender at any stage of employment. Discrimination on the basis of age and disability are prohibited by the Age discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990, respectfully.



Research any of the above forms of employment discrimination.(race, age, gender, disability, national origin, or religion) Then write a detailed research paper on the topic and include the following:



My topic is gender discrimination.



1) Introduction that includes what type of discrimination you researched and what it is.

2) What elements are necessary to establish a prima facie case.

3) What is disparate treatment discrimination.

4) What is disparate impact discrimination.

5) The process for filing a discrimination claim.

6) The remedies for those discriminated against.

7) At least 3 relevant business cases and their outcomes.

8) Your opinion on the problem, the laws and their enforcement.

9) Your thoughts and ideas on what really needs to be done to eliminate discrimination in the United States.

10) A discussion on what affirmative action is and your thoughts and opinions on its effectiveness.

11) Conclusion

the paper need proper footnoting done

Book: The Legal & Regulatory Environment of Business 14e (2008)
Authors: O. Lee Reed, Peter J. Shedd, Jere W. Morehead, and Marisa Anne Pagnattaro
Topic: Employment Discrimination and Globalization
Main Business location: New York
Other US locations: Georgia & Las Vegas
Overseas country used: India
New business name: Sexy Shoes for Her, Inc
Product: All type of sexy shoes for women

Chapters
6- The Constitution and Business
8-Torts in the Business Environment
9-Criminal Law and Business
10-Intellectual Property in the Property System
11-Agency Law and Business Organizations
12 ??" Administrative Law and Corporate Governance
15-Employment and Labor Laws
17-Environmental Laws and Pollution Control

Instructions:
New Business Creation
You are an entrepreneur and with all the free trade agreements abounding you decide to open up your own business entity here in the U.S. Your business has decided to utilize the overseas markets by taking advantage of the treaties because of the currency fluctuations and cheaper labor as well as products. Part of your decision to go overseas is due to the fact that you know that the overseas country you want to go into has very little regulations in place concerning work rules and environmental rules. Basically the government of the country you are getting ready to go into just looks the other way when it comes to business regulation in their country because they are just happy to have the extra activity. As your business takes off you are really excited as things are doing well. In fact you have clients/customers in multiple states in the US. Ironically none of your customers are in your own state because you take advantage of the internet and phone as well as faxes to conduct the business. As with any business there sometimes are mistakes, one mistake is that some of your customers are upset because they have stated that your business has not fulfilled its obligations to them and they are upset and threatening to sue you.

1. What type of entity have you set up and where (you need to say what state additionally what other reasons)
2. What product or service you are selling.
3. You need to hire employees as your business is growing very rapidly and these employees may be in more than one jurisdiction. There may be a need for young people to work for your entity. Are there any rules about hiring these young people? Additionally, due to the expensiveness of health care, you as an employer do not want to hire older employees as they get sick more often and dont move as fast. Can you do this, where would you look for support?
4. Due to the fact that you are getting ready to be sued, what and where could you potentially be sued? (I am not looking for what type of suit). What is their standard of proof to prove that you did something wrong?
5. Finally how can you mitigate your potential damages? Meaning since the suit has yet to be filed, what alternative could you provide to keep from being sued and would these alternatives be considered a sign of weakness on your part or should you just play hardball?
6. Are there any environmental issues to address or concerns? What laws/rules govern?
7. Anything else that you feel is pertinent.
It is important that there be a basis for any decisions or stances taken in the paper, meaning what is your authority for any findings or conclusions?
8) Conclusion

There are faxes for this order.

Customer is requesting that (Tjrand1) completes this order.

Book: The Legal & Regulatory Environment of Business 14e (2008)
Authors: O. Lee Reed, Peter J. Shedd, Jere W. Morehead, and Marisa Anne Pagnattaro
Topic: Business Regulations
Chapter 16 ?" Employment Discrimination and Globalization

Instructions:
Case: U.S. Airways, Inc V. Barnett
Robert Barnett, a cargo handler for US Airways, injured his back and became disabled. He transferred to a less physically demanding job in the mailroom. When his new job later became open he requested "accommodation" and wanted to keep his job without allowing senior employees to get it from him by bidding on it.
1) What does the employee request the employer to do?
2) Why does the employer deny the accommodation request?
3) Does the Supreme Court decide that a seniority system "trumps" an accommodation request? Explain.
4) Conclusion of findings

There are faxes for this order.

Write an individual essay paragraph on each terms with inline citation.

Differences between two classes of Partnerships

Two theories of employment discrimination

Defenses to an employment discrimination claim

Sexual harassment

My paper is to draft an employee policy for a company. It is for my employment law class. In the paper it needs to include the following employee policies. Employment relationship, testing, privacy, theft, and whistle blowing, termination, arbitration, civil rights act, affirmative action, racial discrimination, sex discrimination, sexual harrasment, family leave and pregnancy discrimination, employment discrimination, religious discrimination, national origin discrimination, age discrimination, sexual orientation discrimination, disability discrimination, unions and colleective bargaining agreements, workers compensation, employee benefits, wage and hour regulation, and OSHA.

The general subject is Jurisprudence. The term specifications is a case study treatment on how a legal issue (employment discrimination) was decided in Griggs v. Duke Power Co. (1971) and compare it to two other cases, past and present, to determine the current status of the legal issue. You can use resources such as books, legal periodicals, WESTLAW, Lexis and internet sources.

**************************************************************************************************************************************
Part A. Pretend that this question answered two (2) different students:

"The employer may hire, fire, promote and demote any employee it chooses as long as there is no employment contract (such as a labor agreement) or federal, state or local law to the contrary. Research and discuss if there are any federal, state or local laws which will not allow an at will employee to be hired, fired, promoted or demoted for any reason.

1) First student - 200 words and must include 2 online reference. Response should adhere to APA guidelines, including the citation of secondary sources.

2) Second student - 175 words.

**************************************************************************************************************************************
Part B. Pretend that this question answered two (2) different students:

"Choose one of the types of employment discrimination:
a) sex discrimination
b) racial, religious, and national origin discrimination
c) age discrimination
d) disability discrimination
e) genetic discrimination.

Post a definition of the discrimination, how this discrimination may affect the employee and how to avoid performing this discrimination. Be sure to include any applicable laws that are pertinent."

1) First student - 200 words and must include 2 online reference. Response should adhere to APA guidelines, including the citation of secondary sources.

2) Second student - 175 words.

**************************************************************************************************************************************

Part C. Reflect on those two questions (your opinion) including your thoughts on on Employee rights. (150 words). Include 1 online reference. Response should adhere to APA guidelines, including the citation of secondary sources.

**************************************************************************************************************************************

ATTN:

1) Please, identify each student answer. Try not to make answers to look alike. Answer in paragraphs, not in essay type format.

2) Use only online sources (!) and free accessible web sites. Do not use any payable libraries or websites, where you need to log in to view the articles, since I need to go over and review the articles! Please include the link in the references.

Thank you.

JDT Task 1 - Graduate Level - Human Resources Management

Directions

SUBDOMAIN 329.4 - MANAGING OPERATIONS

Competency 329.4.6: Government Regulation - The graduate analyzes applicable legal and regulatory requirements to determine whether organizations meet legal responsibilities and act with social responsibility.
________________________________________
Introduction:

Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected.

Scenario:

During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company?s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday.

In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to the employee?s claim.

Task:

Prepare a memo for the CEO in which you summarize your findings by doing the following:

A. Explain how constructive discharge as a legal concept is relevant to the scenario.

B. Discuss areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario.

C. Recommend how the company should respond to the employee?s charge of constructive discharge.
1. Include three legal references support your recommendation.
2. Recommend steps to avoid legal issues around Title VII of the Civil Rights Act of 1964.

D. When you use sources, include all in-text citations and references in APA format.

Note: When bulleted points are present in the task prompt, the level of detail or support called for in the rubric refers to those bulleted points.

Note: For definitions of terms commonly used in the rubric, see the Rubric Terms web link included in the Evaluation Procedures section.

Note: When using sources to support ideas and elements in a paper or project, the submission MUST include APA formatted in-text citations with a corresponding reference list for any direct quotes or paraphrasing. It is not necessary to list sources that were consulted if they have not been quoted or paraphrased in the text of the paper or project.

Note: No more than a combined total of 30% of a submission can be directly quoted or closely paraphrased from sources, even if cited correctly. For tips on using APA style, please refer to the APA Handout web link included in the General Instructions section.

Please follow this outline, and use as many quotation from this list as possible. However, it does not mean you can use out side source (MAX 4, NO WIKI).
Use case only to help further and clearer explanation of the Law. Remember, the essay is about the LAW not the Case. Case is only HELP. Case max 1.5 pg. For case use this format: Fact, Legal Question, Rule- Law, Response, Reasoning, Public Policy, and Business Recommendation

Title VII of Civil Right Act 1964

Introduction
Title VII of Civil Right Act 1964 is a federal law that prohibit job discrimination against employees, applicants, and union member on the basis of rase, color, national origin, religion, and gender at any stage of employment (Cross
493).
The protection have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees- http://www.hrhero.com/topics/title7.html
Title VII prohibits workplace harassment and discrimination with fifteen or employees (Cross 493).
However, The United States Supreme Court has not ruled that an employer with fewer than fifteen employees is not automatically shielded from a lawsuit filed under Title VII (Cross 493).
Agency - EEOC
The Equal Employment Opportunity Commission (EEOC) responsible for enforcing Title VII - http://www.eeoc.gov/eeoc/index.cfm
A victim must first file a claim with the EEOC before a lawsuit can be brought against the employer- Cross 493
EEOC could file suit against the employer in the employees behalf - Cross 494
The EEOC generally only takes priority case, such as cases that effect many workers and cases involving retaliatory discharge - Cross 494
If the EEOC decide not to investigate a claim, a victim may bring his or her own lawsuit against the employer- Cross 494
Discrimination based on race, color, and national origin
If an employers standards and policies for selecting or promoting employees have a discriminatory effect on employees or job applicant in these protected classes, than a presumption of illegal discrimination aries - Cross 495
Title VII also protect against, reserve discrimination that is discrimination against majority group individuals - Cross 495
Discrimination based on religion
The employer must make a reasonable attempt to accommodate there religious requirements- Cross 495
Employers must reasonably accommodate an employees sincerely held religious belief even if the belief is not based on the doctrine of a traditionally recognized religion, such as Christianity or Judaism, or denomination, such Baptist - Cross 495
Discrimination against gender
The pregnancy discrimination act of 1978, which amended Title VII, expanded the definition of gender discrimination to include discrimination based on pregnancy- Cross 496
Equal Payment Act of 1953 prohibit employers from engaging in gender based wage discrimination- Cross 496
Women typically earn about three quarter of what men earn- Cross 496
Constructive discharge and Sexual Harassment
Constructive discharge occurs when the employers causes the employees working condition to be so intolerable that reasonable person in the employees position would feel compelled to quite - Cross 496
Case
Inclusion




Cross, Frank. B, and Roger LeRoy Miller. Employment Discrimination. The Legal Environment of Business. Mason: South- West Cengage Learning, 2009.
493-512. Print



Nb: Hi! this might looks very confusing. I can attach it as doc or email as attachment if its help.

Part 1/Deliverable Length:3 pages

Read the case study entitled "Wards Cove Packing Co. v. Atonio" on page 393-394 of your text. I have a copy of the case text copied at the bottom of this request.

Based on this case, propose new hiring practices for the company to follow. In your proposal, be sure to address the following:

Do you feel the current hiring practices are discriminatory? Why or why not? What policies should be adopted?
Is there a correlation between the hiring practices for cannery workers and noncannery workers? Should the practices be the same or separate, even though the positions are different?
Is it an acceptable practice for the cannery to rehire skilled noncannery workers it has worked with previously? Is it acceptable even if the noncannery workers are predominantly white?


Part 2/Deliverable Length:1 page

Many organizations have established policies to remedy discrimination in hiring of women and minorities. Discuss whether or not you feel that affirmative action programs, reverse discrimination, and criteria of comparable worth are appropriate forms of remedy. How is your response to this assignment consistent with the moral philosophy utilitarianism? Explain. If it is not consistent and only if it doesn't fit with that philosophy, explain why the philosophy should change.

CASE3. Wards Cove Packing Co. v. Atonio
Two companies operated salmon canneries in
remote areas of Alaska, which canneries functioned
only during the summer salmon runs.
There were two general types ofjobs at the canneries:
cannery line jobs, which were unskilled
positions, and "noncannery" jobs, which were
predominantly skilled positions but varied from
engineers and bookkeepers to cooks and boat
crew members. The cannery workers were predominantly
nonwhite, mainly Filipinos, whom
the companies hired through a hiring hall
agreement with a predominantly Filipino union
local in Seattle, and Alaska Natives, hired from
villages near the canneries. The noncannery
workers were predominantly white and were
hired during the winter through the companies'
offices in Washington and Oregon. Virtuallyall
of the noncannery jobs paid more than
the cannery jobs, and noncannery workers used
dormitory and mess hall facilities that were separate
from and allegedly superior to those of
the cannery workers. A class of nonwhite cannery
workers who were or had been employed
at the canneries in question brought an action
against the companies in the United States District
Court for the Western District of Washington,
which action charged the companies
with employment discrimination on the basis
of race in violation of a provision of Title VII of
the Civil Rights Act of 1964 (42 USCS
2000e-2(a?. Specifically, it was alleged that the
racial stratification of the work force was caused
by several of the companies' hiring and promotion
practices, including a rehire preference,
a lack of objective hiring criteria, the
separate hiring channels, and a practice of not
promoting from within. . . .
On certiorari, the United States Supreme
Court. . . held that (1) racial imbalance in
one segment of an employer's work force is
not sufficient to establish a prima facie case
of disparate impact with respect to the selection
of workers for the employer's other positions;
(2) in this case, the comparison
between the percentage of cannery workers
who are nonwhite and the percentage of noncannery
workers who are nonwhite did not
make out a prima facie disparate-impact case;
(3) the plaintiff in such a case bears the burden
of isolating and identifying the specific
employment practices that are allegedly responsible
for any observed statistical disparities;
and (4) if the plaintiff establishes a prima
facie disparate-impact case, the employer
bears the burden of producing evidence of a
business justification for its employment practice,
but the burden of persuasion on this issue
remains with the plaintiff.
Supreme Court of the United States. 490 U.S. 642; 109 S.Ct. 2115; 1989 U.S. Lexis 2794; 104 L.Ed.2d 733; 57 U.S.L.w.
4583; 49 Fair Empl. Prac. Cas. (BNA) 1519; 50 Empl. Prac. Dec. (CCH) P39,021.
394 Diversity and Discrimination in the Workplace
Blackmun,j.,joined by Brennan and Marshall,
lJ., dissented, expressing the view that
the opinion of the court took three major
strides backwards in the battle against racial
discrimination by (1) upsetting the longstanding
distribution of burdens of proof in
Title VII disparate-impact cases; (2) barring
the use of internal work force comparisons
in the making of a prima facie case of discrimination,
even where the structure of the
industry in question rendered any other statistical
comparison meaningless; and (3) requiring
practice-by-practice statistical proof
of causation, even where such proof would
be impossible.
Questions
1. Are the canneries' hiring practices discriminatory?
If so, what company policies
should be adopted?
2. Is there a correlation between the hiring
practices for cannery workers and noncannery
workers? Should the practices be
the same or separate, even though the positions
are different?
3. Is it an acceptable practice for the cannery
to rehire skilled noncannery workers it has
worked with previously? Is it acceptable
even if the noncannery workers are predominantly
white?
This case was abstracted from Supreme Court materials by Katie Marshall and Tom L. Beauchamp.

Details Due Points
Objectives 4.1 Analyze legal risk arising from wrongful discharge.
4.2 Evaluate legal risk associated with employment discrimination
and harassment.
4.3 Evaluate the regulatory and compliance requirements related to
employment and benefits.
Readings Read Ch. 31?33 of Business Law: Legal Environment, Online
Commerce, Business Ethics, and International Issues.
Read this week?s Electronic Reserve Readings
Participation Participate in class discussion. April 7 2
Individual
Presentations
BE PREPARED FOR YOUR PRESENTATION IF ASSIGNED
THIS WEEK.
April 7 5
Individual
Legal Risk and
Opportunity in
Employment
Resources: University of Phoenix Material: NewCorp Legal
Scenarios
Answer the following questions for each scenario:
? What liability does NewCorp have?
? What regulatory and compliance requirements and legal
principles, such as statutory or case law, are relevant to this
situation?
Identify which legal principles support your decision. All encounters
must be supported from legal principles in this week?s readings,
including cases and statutes.
Write an answer of no more than 350 words for each encounter.
Format your paper consistent with APA guidelines.
April 7 10
TOTAL POSSIBLE
POINTS FOR WK4
17





PAPEP MUST BE IN THIS FORMAT PLEASE.

First, all papers are still just an APA style paper. But, there are tips that will help you to organize your papers that will show me what you learned.
Write according to an IRAC (what is IRAC you ask)
Issue
Rule
Analysis
Conclusion
See below:
First, Identify the issues present in the simulation. You may using headings, such as:
Issue 1: The types of ADR the team will rely upon
Issue 2: The reasons a peer review may be triggered in the learning team
Issue 3: If peer review does not work, mediation will be required.
Next, Determine the rule of law that is important to your issue.
Issue 1: Negligence Against David by Paula
Rule: In order for Paula to successfully sue David, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by David to Paula, if David Breached that duty, and the breach was the Cause of Paula?s injuries or Damages, then David will be found liable.
Third: You want to use your facts and apply the law to those facts, this is analysis. For example:
Issue 1: Negligence Against David by Paula
Rule: In order for Paula to successfully sue David, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by David to Paula, if David Breached that duty, and the breach was the Cause of Paula?s injuries or Damages, then David will be found liable.
Analysis: David has the duty of a reasonable person when driving on the streets of the State of Florida. It does not matter that David is 17 years old, because even though David is a minor, he is held to an adult standard, since driving is an adult activity. The facts show that David was speeding and failed to stop at a red light, thus hitting Paula. Paula was rushed to the hospital with injuries. David breached his duty to Paul when he failed to act reasonably by speeding and failing to stop for traffic signals. This breach was the actual cause of Paula?s injuries, and was also the proximate cause of her injuries. Paula was not hurt prior to the accident, but sustained a disc herniation in L2-L3; and L3-L4, as a result of the accident. But for David failing to act reasonably, Paula would not be hurt. Paula?s damages include her injuries, the money she lost because she could not work, her medical bills, past, present and future. Paula may also be entitled to pain and suffering as compensatory, non-economic damages, because injuries get worse over time, never better.
Finally, you will conclude:
Negligence Against David by Paula
In order for Paula to successfully sue David, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by David to Paula, if David Breached that duty, and the breach was the Cause of Paula?s injuries or Damages, then David will be found liable.
David has the duty of a reasonable person when driving on the streets of the State of Florida. It does not matter that David is 17 years old, because even though David is a minor, he is held to an adult standard, since driving is an adult activity. The facts show that David was speeding and failed to stop at a red light, thus hitting Paula. Paula was rushed to the hospital with injuries. David breached his duty to Paul when he failed to act reasonably by speeding and failing to stop for traffic signals. This breach was the actual cause of Paula?s injuries, and was also the proximate cause of her injuries. Paula was not hurt prior to the accident, but sustained a disc herniation in L2-L3; and L3-L4, as a result of the accident. But for David failing to act reasonably, Paula would not be hurt. Paula?s damages include her injuries, the money she lost because she could not work, her medical bills, past, present and future. Paula may also be entitled to pain and suffering as compensatory, non-economic damages, because injuries get worse over time, never better.
As a result of David?s negligence, Paula will likely recover if she can prove that David failed to act like a prudent, reasonable person, and his failure to do so breached the duty of a safe driver in Florida. Paula will recover monetary damages as a result of the breach.


THIS IS THE SUGGESTED FORMAT TO USE FOR ALL YOUR PAPERS. It will help you focus your writing.





References

Brody, R. and Perkins, B. (2010). How to file a lawsuit. Frequently Answered
Questions. Retreived from: www.crime-victimlaw.com on June 14, 2010.

THIS IS THE SEARIOS

NewCorp Legal Scenarios

The following legal encounters involve NewCorp, your employer. You are required to provide a brief answer to questions asked at the end of each encounter. Your supervisor expects a substantive answer, not a recommendation to refer matters to an attorney. Your supervisor does not want to spend money on legal advice until after you provide an assessment.

Legal Encounter 1

NewCorp hired Pat as manager of real property in Vermont. This position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moved his family, and sold and bought a home. His wife quit her job to seek employment in Vermont.

After Pat worked for three months with NewCorp, his supervisor explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. NewCorp?s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees:

Notice of Unsatisfactory Performance/Corrective Action Plan
If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee?s performance does not improve to a satisfactory level in the specified time period, termination will follow.

Pat acknowledged that he signed a document to show his understanding that the company observed employment at will with respect to discharge, but he believed the provision limited NewCorp?s freedom to discharge him at will. Pat also stated that NewCorp?s senior management was noticeably unfriendly after Pat had been vocal at a local school board meeting. His position on an issue in the meeting was unpopular, and although no one at the meeting identified Pat as a NewCorp employee, he believed this contributed to the decision to discharge him.

What liability and rights do NewCorp and Pat have in this situation? What legal principles?such as statutory or case law?support those liabilities and rights?

Legal Encounter 2

NewCorp employed Sam as a supervisor of electrical manufacturing for automotive under-dash wiring harnesses. Sam?s department employed around 100 men and women to create the wiring and connect it to different universal couplings so speedometers, oil gauges, and other instruments would work. The final product, an under-dash wiring harness, was sent to the assembly plant for installation.

Sam developed a relationship with one of his employees, Paula, and they began dating. Paula later ended the relationship with Sam. Sam wanted to continue dating Paula, and he began exhibiting unwelcome behaviors, even after she told him to stop. Sam suggested that Paula?s work might be suffering from a lack of interest.

Paula decided she could no longer work with Sam and applied for a transfer to the wire-coating department, which was not under his control. Sam blocked the transfer, citing evidence that chemicals used in wire coatings could harm an early-state fetus. Because Paula could become pregnant, Sam argued, NewCorp could not take the chance of being liable for causing a child to be born with a birth defect. Paula believed this was Sam?s way of controlling her and that, even if it was not, it was illegal discrimination.

What liability does NewCorp have in this situation? What actions might NewCorp take? Identify which legal principles, such as statutory or case law, support your responses.

Legal Encounter 3

NewCorp employed Paul as a senior maintenance technician, which required him to work in confined spaces to repair equipment. Repair of the pulp shredder was particularly difficult because the space Paul worked in was narrow. After an employee was injured when working on the machine, NewCorp attempted to relocate it to create more space, but nearby building support beams did not allowed for relocation.

Paul refused to work on the machine, saying that the work space was too confining and dangerous. The NewCorp safety manager reviewed the area and deemed it safe. Paul said he became claustrophobic because of working in such confined spaces, and this condition arose from his employment. This statement makes the situation a worker compensation issue. Paul called the Occupational Safety and Health Administration (OSHA) to complain about NewCorp requiring him to work in a dangerous situation. In addition to calling OSHA, Paul threatened to get a lawyer and sue NewCorp. Management was not sure what legal principles apply to the circumstances in this situation.

Directions

MANAGING OPERATIONS


Introduction:

Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected.

Scenario:

During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company?s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday.

In order to keep legal costs down, the CEO has asked you to do the initial research on how the company should respond to the employee?s claim.

Task:

Prepare a memo for the CEO in which you summarize your findings by doing the following:

A. Explain how constructive discharge as a legal concept is relevant to the scenario.

B. Discuss areas covered under Title VII of the Civil Rights Act of 1964 that are relevant to the scenario.

C. Recommend how the company should respond to the employee?s charge of constructive discharge.
1. Include "three" legal references support your recommendation.
2. Recommend steps to avoid legal issues around Title VII of the Civil Rights Act of 1964.

D. When you use sources, include all in-text citations and references in APA format.

Structure: Employment & Legal Issues

Structure: MEMO (template online)

Constructive discharge as a legal concept; address the following:
? Definition
? Explanation
? Relevancy to scenario

Title VII of the Civil Rights Act of 1964; address the following:
? Definition
? Explanation of protected categories
? Protected category relevant to scenario

Company response to EEOC to charge of constructive discharge; address the following:
? Explanation of the reasonable person test
? Response options / alternatives
? Selected response inclusive of justifying reason
? Selected response inclusive of three (3) supporting, legal references
? Recommended steps to avoid Title VII issues going forward
o Explanation of each step
o Inclusive of all protected categories

Sources
1-2 pages
Each in-text citation must have an accompanying reference on sources page
APA format

CLINTON COLE v. BURNS INTERNATIONAL SECURITY SERVICES
105 F.3d 1465 (D.C.1997)

Write a case report to answer the questions below:

QUESTIONS:

(1) How did the Court apply Gilmer to determine the enforceability of this agreement?

(2) How did the Court resolve whether only the employer should pay all arbitrator expenses?

(3) How did the Court resolve the issue of the scope of judicial review of an arbitration award?

(4) What specific steps can be taken effectively to change this legal outcome in future cases?

(5) Is this a wise policy for organizations?

COMMENT: I have edited the courts opinion. The full text is at the citation above.
JUDGES: Before: EDWARDS, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges. Opinion for the Court filed by Chief Judge EDWARDS. Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON.

OPINION BY: EDWARDS, Chief Judge:

I. SUMMARY OF OPINION

This case raises important issues regarding whether and to what extent a person can be required, as a condition of employment, to (1) waive all rights to a trial by jury in a court of competent jurisdiction with respect to any dispute relating to recruitment, employment, or termination, including claims involving laws against discrimination, and (2) sign an agreement providing that, at the employer's option, any such employment disputes must be arbitrated. At its core, this appeal challenges the enforceability of conditions of employment requiring individuals to arbitrate claims resting on statutory rights. The issues at hand bring into focus the seminal decision of Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 114 L. Ed. 2d 26, 111 S. Ct. 1647 (1991), and call into question the limits of the Supreme Court's holdings in that case.

In this case, the appellant, Clinton Cole, seeks to overturn an order of the District Court dismissing his complaint under Title VII of the Civil Rights Act of 1964, as amended, and compelling arbitration of his disputes with Burns International Security Services ("Burns" or "Burns Security"). Although Cole seemingly raised a viable action under Title VII, the District Court held that his statutory claims of employment discrimination should be dismissed pursuant to the Federal Arbitration Act ("FAA" or "Act"). The District Court held that Cole was bound by the agreement he had signed with Burns allowing the employer to opt for arbitration. In reaching this conclusion, the trial court found that the arbitration agreement was a valid and enforceable contract.

We find that the disputed arbitration agreement is valid. In doing so, we are cognizant of the numerous concerns that have been voiced by arbitrators, legal commentators, the Equal Employment Opportunity Commission ("EEOC"), and National Labor Relations Board ("NLRB") regarding the potential inequities and inadequacies of arbitration in individual employment cases, as well as their concerns about the competence of arbitrators and the arbitral forum to enforce effectively the myriad of public laws protecting workers and regulating the workplace. Nonetheless, in this case, we are constrained by Gilmer to find the arbitration agreement enforceable. We do not read Gilmer as mandating the enforcement of all mandatory agreements to arbitrate statutory claims; rather, we read Gilmer as requiring the enforcement of arbitration agreements that do not undermine the relevant statutory scheme. The agreement in this case meets that standard.

We note that this case raises an issue not directly presented in Gilmer or any other Supreme Court case to date: can an employer require an employee to arbitrate all disputes and also require the employee to pay all or part of the arbitrators' fees? We hold that it cannot. In Gilmer and other securities industry cases, the employers routinely paid all arbitrators' fees, so the matter was not in dispute. However, there is no reason to think that the Court would have approved a program of mandatory arbitration of statutory claims in Gilmer in the absence of employer agreement to pay arbitrators' fees. Because public law confers both substantive rights and a reasonable right of access to a neutral forum in which those rights can be vindicated, we find that employees cannot be required to pay for the services of a "judge" in order to pursue their statutory rights. In this case, the parties' contract does not address explicitly the payment of the arbitrators' fees; however, because ambiguity in a contract should be resolved against the drafter--here, the employer--and ambiguity should be resolved in favor of a legal construction of the parties' agreement, we interpret the arbitration agreement at issue as requiring Burns to pay all arbitrators' fees associated with the resolution of Cole's claims. So construed, the contract is valid. The only way that an arbitration agreement of the sort at issue here can be lawful is if the employer assumes responsibility for the payment of the arbitrator's compensation.

Cole has also argued that the arbitration agreement should not be enforced because the arbitrator's rulings, even as to the meaning of public law under Title VII, will not be subject to judicial review. Cole is wrong on this point. In this context, the Supreme Court has assumed that arbitration awards are subject to judicial review sufficiently rigorous to ensure compliance with statutory law. Indeed, Burns has conceded such review in this case. Because the courts will always remain available to ensure that arbitrators properly interpret the dictates of public law, an agreement to arbitrate statutory claims of discrimination is not unconscionable or otherwise unenforceable.

II. BACKGROUND

Clinton Cole used to work as a security guard at Union Station in Washington, D.C. for a company called LaSalle and Partners ("LaSalle"). In 1991, Burns Security took over LaSalle's contract to provide security at Union Station and required all LaSalle employees to sign a "Pre-Dispute Resolution Agreement" in order to obtain employment with Burns. The Pre-Dispute Resolution Agreement ("agreement" or "contract"), in relevant part, provides:

In consideration of the Company employing you, you and the Company each agrees that, in the event either party (or its representatives, successors or assigns) brings an action in a court of competent jurisdiction relating to your recruitment, employment with, or termination of employment from the Company, the plaintiff in such action agrees to waive his, her or its right to a trial by jury, and further agrees that no demand, request or motion will be made for trial by jury.
In consideration of the Company employing you, you further agree that, in the event that you seek relief in a court of competent jurisdiction for a dispute covered by this Agreement, the Company may, at any time within 60 days of the service of your complaint upon the Company, at its option, require all or part of the dispute to be arbitrated by one arbitrator in accordance with the rules of the American Arbitration Association. You agree that the option to arbitrate any dispute is governed by the Federal Arbitration Act, and fully enforceable. You understand and agree that, if the Company exercises its option, any dispute arbitrated will be heard solely by the arbitrator, and not by a court.
This pre-dispute resolution agreement will cover all matters directly or indirectly related to your recruitment, employment or termination of employment by the Company; including, but not limited to, claims involving laws against discrimination whether brought under federal and/or state law, and/or claims involving co-employees but excluding Worker's Compensation Claims.
The right to a trial, and to a trial by jury, is of value. YOU MAY WISH TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. IF SO, TAKE A COPY OF THIS FORM WITH YOU. HOWEVER, YOU WILL NOT BE OFFERED EMPLOYMENT UNTIL THIS FORM IS SIGNED AND RETURNED BY YOU.

On August 5, 1991, Cole signed the agreement and began working for Burns.

In October 1993, Burns Security fired Col. After filing charges with the Equal Employment Opportunity Commission, Cole filed the instant complaint in the United States District Court for the District of Columbia, alleging racial discrimination, harassment based on race, retaliation for his writing a letter of complaint regarding sexual harassment of a subordinate employee by another supervisor at Burns, and intentional infliction of emotional distress. Burns moved to compel arbitration of the dispute and to dismiss Cole's complaint pursuant to the terms of the contract.

The District Court found that the arbitration agreement clearly covered Cole's claims. The court also rejected Cole's suggestions (1) that the Pre-Dispute Resolution Agreement was excluded from coverage under the Federal Arbitration Act under 9 U.S.C. § 1, and (2) that the agreement was an unenforceable and unconscionable contract of adhesion. As a result, the trial court granted Burns Security's motion to compel arbitration and dismissed Cole's complaint.

III. DISCUSSION

The Enforceability of Conditions of Employment Requiring Individual Employees to Arbitrate Claims Resting on Statutory Rights

We turn now to the heart of the problem in this case, i.e., the enforceability of conditions of employment requiring individual employees to use arbitration in place of judicial fora for the resolution of statutory claims. In considering this question, it is important to understand what this case is not about: (1) This is not a case in which an employee and an employer, in the face of a legal problem, have made an ad hoc, mutually voluntary decision to pursue arbitration or some other form of alternative dispute resolution in lieu of formal litigation. Rather this case involves a situation in which an employee has been required, as a condition of employment, to forego all access to jury trials and (at the employer's option) to use arbitration in place of judicial fora for the resolution of statutory as well as contractual claims. (2) This is not a case involving the enforcement of arbitration under a collective bargaining agreement. The employee here is acting alone, without ties to union representation and without any limitations imposed by a collective bargaining contract. This case does not present, and the court does not decide, any issue with regard to the validity of the waiver of a jury trial in a case that proceeds in court. The parties have not argued that the waiver of a jury trial, independent of the agreement to arbitrate, affects the validity of the contract at issue.

The Validity of the Agreement to Arbitrate in This Case

We start with the assumption that, under Gilmer, a person may agree to arbitrate statutory claims. We do not assume, however, that an employer has a free hand in requiring arbitration as a condition of employment.

Fortunately, in the instant case, the parties largely agree on the meaning of their arbitration agreement. Each side concurs in the following propositions:

(1) The agreement allows the employer the option of forcing statutory claims into arbitration for the resolution of public law issues; (2) The agreement's waiver of a jury trial is absolute, i.e., it operates even if the employer does not seek arbitration; (3) The agreement does not affect an employee's ability to seek relief from the Equal Employment Opportunity Commission; (4) The arbitrator is fully bound to apply Title VII and other applicable public law, both as to substance and remedy, in accordance with statutory requirements and prevailing judicial interpretation; and (5) The agreement provides for appointment of a neutral arbitrator through the American Arbitration Association ("AAA") and for the conduct of the arbitration proceeding in accordance with AAA rules.

The provisions of the AAA Rules immediately relevant to our analysis are as follows:

(1) Rule 7: The arbitrator has "the authority to order such discovery, by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary to a full and fair exploration of the issues in dispute;"(2) Rule 32(b): "The award shall be in writing and shall be signed by a majority of the arbitrators and shall provide the written reasons for the award unless the parties agree otherwise;"(3) Rule 32(c): "The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable, including, but not limited to, any remedy or relief that would have been available to the parties had the matter been heard in court;"(4) Rule 35: A filing fee of $ 500 must be advanced by the initiating party, subject to final apportionment by the arbitrator in the award, and an administrative fee of $ 150 per hearing day must be paid by each party, but the AAA "may, in the event of extreme hardship on any party, defer or reduce the administrative fees;"(5) Rule 36: The expenses of the arbitration, including required travel and other expenses of the arbitrator, AAA representatives, and witnesses, will be shared equally by the parties, unless the parties agree otherwise or the arbitrator directs otherwise in the award; (6) Rule 37: The parties are to agree with the arbitrator on appropriate compensation for the arbitrator's work, but if the parties cannot agree with the arbitrator on a rate of compensation, the arbitrator's fee will be set by AAA. Payment of the arbitrator's fee is made through AAA, not directly between the parties and the arbitrator.

The parties stipulated that arbitrators' fees are commonly $ 500 to $ 1,000 or more per day. Significantly, however, the AAA Rules do not prescribe any particular allocation of responsibility for the payment of the arbitrators' fees.

The starting point of our analysis is the Supreme Court's decision in Gilmer. In that case, the Court held that an employee's agreement to arbitrate employment-related disputes may require him to arbitrate statutory claims under the ADEA because "by agreeing to arbitrate a statutory claim, [an employee] does not forgo the substantive rights afforded by the statute; [he] only submits to their resolution in an arbitral, rather than a judicial, forum." Gilmer, 500 U.S. at 26. As noted above, the Court emphasized that "so long as the prospective litigant effectively may vindicate [his or her] statutory cause of action in the arbitral forum, the statute will continue to serve both its remedial and deterrent function."

In Gilmer, the employee raised four challenges to arbitration under the New York Stock Exchange Rules, claiming that arbitration impermissibly diminished his ability to effectively vindicate his statutory rights. First, Gilmer challenged the impartiality of the arbitrators. The Court rejected this challenge, finding that the NYSE Rules themselves provide protection against biased arbitrators and that judicial review under the FAA would allow the courts to set aside any decision in which there "was evident partiality or corruption in the arbitrators." Second, Gilmer objected that the limited discovery allowed in arbitration would unfairly hamper his ability to prove discrimination. Again, the Court rejected this claim, pointing out that the NYSE Rules provided for discovery and that agreements to arbitrate are desirable precisely because they trade the procedures of the federal courts for the simplicity, informality, and expedition of arbitration. Third, Gilmer objected that, because arbitrators do not always issue written awards, public knowledge of discrimination, appellate review, and the development of the law would be undermined by arbitration of his statutory claims. This claim too was rejected because, in fact, the NYSE Rules require that arbitration awards be in writing and allow public access to awards. Finally, Gilmer's objection that arbitration did not provide for equitable relief was rejected because the NYSE Rules did not restrict the types of relief available.

Obviously, Gilmer cannot be read as holding that an arbitration agreement is enforceable no matter what rights it waives or what burdens it imposes. At a minimum, statutory rights include both a substantive protection and access to a neutral forum in which to enforce those protections.

We believe that all of the factors addressed in Gilmer are satisfied here. In particular, we note that the arbitration arrangement (1) provides for neutral arbitrators, (2) provides for more than minimal discovery, (3) requires a written award, (4) provides for all of the types of relief that would otherwise be available in court, and (5) does not require employees to pay either unreasonable costs or any arbitrators' fees or expenses as a condition of access to the arbitration forum. Thus, an employee who is made to use arbitration as a condition of employment "effectively may vindicate [his or her] statutory cause of action in the arbitral forum." Gilmer, 500 U.S. at 28.

Recently, the Department of Labor Commission on the Future of Worker-Management Relations ("Dunlop Commission"), chaired by John T. Dunlop, a former Secretary of Labor and current Professor Emeritus at Harvard University, endorsed a consensus view among employers and employees that:

If private arbitration is to serve as a legitimate form of private enforcement of public employment law, these systems must provide: a neutral arbitrator who knows the laws in question and understands the concerns of the parties; a fair and simple method by which the employee can secure the necessary information to present his or her claim; a fair method of cost-sharing between the employer and employee to ensure affordable access to the system for all employees; the right to independent representation if the employee wants it; a range of remedies equal to those available through litigation; a written opinion by the arbitrator explaining the rationale for the result; and
sufficient judicial review to ensure that the result is consistent with the governing laws. COMMISSION ON THE FUTURE OF WORKER-MANAGEMENT RELATIONS, REPORT AND RECOMMENDATIONS 30-31 (1994).

The Obligation to Pay Arbitrators' Fees

Although we find that the disputed arbitration agreement is legally valid, there is one point that requires amplification. The arbitration agreement in this case presents an issue not raised by the agreement in Gilmer: can an employer condition employment on acceptance of an arbitration agreement that requires the employee to submit his or her statutory claims to arbitration and then requires the employee to pay all or part of the arbitrators' fees? This was not an issue in Gilmer (and other like cases), because, under NYSE Rules and NASD Rules, it is standard practice in the securities industry for employers to pay all of the arbitrators' fees. Employees may be required to pay a filing fee, expenses, or an administrative fee, but these expenses are routinely waived in the event of financial hardship.

Thus, in Gilmer, the Supreme Court endorsed a system of arbitration in which employees are not required to pay for the arbitrator assigned to hear their statutory claims. There is no reason to think that the Court would have approved arbitration in the absence of this arrangement. Indeed, we are unaware of any situation in American jurisprudence in which a beneficiary of a federal statute has been required to pay for the services of the judge assigned to hear her or his case. Under Gilmer, arbitration is supposed to be a reasonable substitute for a judicial forum. Therefore, it would undermine Congress's intent to prevent employees who are seeking to vindicate statutory rights from gaining access to a judicial forum and then require them to pay for the services of an arbitrator when they would never be required to pay for a judge in court.

There is no doubt that parties appearing in federal court may be required to assume the cost of filing fees and other administrative expenses, so any reasonable costs of this sort that accompany arbitration are not problematic. However, if an employee like Cole is required to pay arbitrators' fees ranging from $ 500 to $ 1,000 per day or more, in addition to administrative and attorney's fees, is it likely that he will be able to pursue his statutory claims? We think not. There is no indication in AAA's rules that an arbitrator's fees may be reduced or waived in cases of financial hardship. These fees would be prohibitively expensive for an employee like Cole, especially after being fired from his job, and it is unacceptable to require Cole to pay arbitrators' fees, because such fees are unlike anything that he would have to pay to pursue his statutory claims in court.

Arbitration will occur in this case only because it has been mandated by the employer as a condition of employment. Absent this requirement, the employee would be free to pursue his claims in court without having to pay for the services of a judge. In such a circumstance--where arbitration has been imposed by the employer and occurs only at the option of the employer--arbitrators' fees should be borne solely by the employer.

In sum, we hold that Cole could not be required to agree to arbitrate his public law claims as a condition of employment if the arbitration agreement required him to pay all or part of the arbitrator's fees and expenses. In light of this holding, we find that the arbitration agreement in this case is valid and enforceable. We do so because we interpret the agreement as requiring Burns Security to pay all of the arbitrator's fees necessary for a full and fair resolution of Cole's statutory claims.

As we noted earlier, the disputed agreement does not explicitly address this issue; it merely incorporates the provisions of the AAA Rules. However, the AAA Rules are also silent on this point, so there is no clear allocation of responsibility for payment of arbitrator's fees. It is well understood that, where a contract is unclear on a point, an interpretation that makes the contract lawful is preferred to one that renders it unlawful. Therefore, in order to uphold the validity of the parties' contract, we interpret the arbitration agreement between Cole and Burns as requiring Burns to pay all arbitrators' fees in connection with the resolution of Cole's claims.

Judicial Review

The final issue in this case concerns the scope of judicial review of arbitral awards in cases of this sort, where an employee is compelled as a condition of employment to arbitrate statutory claims. Cole has argued that the arbitration agreement is unconscionable, because any arbitrator's rulings, even as to the meaning of public law under Title VII, will not be subject to judicial review. Cole is wrong on this point.

Judicial review of arbitration awards covering statutory claims is necessarily focused, but that does not mean that meaningful review is unavailable. The FAA itself recognizes a number of grounds on which arbitration awards may be vacated, including:

Where the award was procured by corruption, fraud, or undue means. (2) Where there was evident partiality or corruption in the arbitrators, or either of them. (3) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made. 9 U.S.C. § 10(a).

The grounds listed in the FAA, however, are not exclusive. Indeed, even in the context of arbitration in collective bargaining--where judicial review of arbitral awards is extremely limited--awards may be set aside if they are contrary to "some explicit public policy" that is "well defined and dominant" and ascertained "by reference to the laws and legal precedents." There is no doubt that the scope of review of arbitration in cases involving mandatory arbitration of statutory claims is at least as great as the judicial review available in the context of collective bargaining.

The Supreme Court has also indicated that arbitration awards can be vacated if they are in "manifest disregard of the law." Although this term has not been defined by the Court, and the circuits have adopted various formulations, we believe that this type of review must be defined by reference to the assumptions underlying the Court's endorsement of arbitration.

Two assumptions have been central to the Court's decisions in this area. First, the Court has insisted that, "by agreeing to arbitrate a statutory claim, a party does not forego the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum." Second, the Court has stated repeatedly that, "although judicial scrutiny of arbitration awards necessarily is limited, such review is sufficient to ensure that arbitrators comply with the requirements of the statute' at issue." These twin assumptions regarding the arbitration of statutory claims are valid only if judicial review under the "manifest disregard of the law" standard is sufficiently rigorous to ensure that arbitrators have properly interpreted and applied statutory law.

The value and finality of an employer's arbitration system will not be undermined by focused review of arbitral legal determinations. Most employment discrimination claims are entirely factual in nature and involve well-settled legal principles. In fact, one study done in the 1980s found that discrimination cases involve factual claims approximately 84 % of the time. As a result, in the vast majority of cases, judicial review of legal determinations to ensure compliance with public law should have no adverse impact on the arbitration process. Nonetheless, there will be some cases in which novel or difficult legal issues are presented demanding judicial judgment. In such cases, the courts are empowered to review an arbitrator's award to ensure that its resolution of public law issues is correct. Indeed, at oral argument, Burns conceded the courts' authority to engage in such review. Because meaningful judicial review of public law issues is available, Cole's agreement to arbitrate is not unconscionable or otherwise unenforceable.

CONCLUSION

We acknowledge the concerns that have been raised regarding arbitration's ability to vindicate employees' statutory rights. However, for all of arbitration's shortcomings, the process, if fairly conducted, is not necessarily inferior to litigation as a mechanism for the resolution of employment disputes. As the Dunlop Commission recognized:

Litigation has become a less-than-ideal method of resolving employees' public law claims. As spelled out in the Fact Finding Report, employees bringing public law claims in court must endure long waiting periods as governing agencies and the overburdened court system struggle to find time to properly investigate and hear the complaint. Moreover, the average profile of employee litigants ... indicates that lower-wage workers may not fare as well as higher-wage professionals in the litigation system; lower-wage workers are less able to afford the time required to pursue a court complaint, and are less likely to receive large monetary relief from juries. Finally, the litigation model of dispute resolution seems to be dominated by "ex-employee" complainants, indicating that the litigation system is less useful to employees who need redress for legitimate complaints, but also wish to remain in their current jobs. COMMISSION ON THE FUTURE OF WORKER-MANAGEMENT RELATIONS, REPORT AND RECOMMENDATIONS at 30.

Arbitration also offers employees a guarantee that there will be a hearing on the merits of their claims; no such guarantee exists in litigation where relatively few employees survive the procedural hurdles necessary to take a case to trial in the federal courts.

As a result, it is perhaps misguided to mourn the Supreme Court's endorsement of the arbitration of complex and important public law claims. Arbitrators, however, must be mindful that the Court's endorsement has been based on the assumption that "competent, conscientious, and impartial arbitrators" will be available to decide these cases. Therefore, arbitrators must step up to the challenges presented by the resolution of statutory issues and must be vigilant to protect the important rights embodied in the laws entrusted to their care.

"Greater reliance on private process to protect public rights imposes a professional obligation on arbitrators to handle statutory issues only if they are prepared to fully protect the rights of statutory grievants." And appointing agencies like AAA must be certain that only persons who are able to satisfy these criteria are added to arbitrator-panel lists. For if arbitrators and agencies do not meet these obligations, the courts will have no choice but to intercede.

For the foregoing reasons, we affirm the District Court's order dismissing the complaint and compelling arbitration.

So ordered.

There are faxes for this order.

I must present both opinions of affirmative action, but will utlimately argue against it. Below, I have included my thesis statement and works cited page. They have been approved by my teacher, and the paper should follow the outline closely. Also, please include in the paper as many of the sources included on my works cited page. There may be other sources used, but I need to incorporate these sources that I have already found as much as possible. All of the sources were found on the internet and in public libraries. Also, when quoting from a source please incorporate quotation marks as observed in MLA form.

The Effects of Affirmative Action Programs
Thesis: Affirmative action programs have ultimately acted as a stumbling block for minorities and have essentially created a starker disparity in the struggle for equal opportunity between white people and other minority groups.
I. Affirmative action programs are beneficial
A. Affirmative Action Programs create cultural awareness.
B. Diversity is enriched through Affirmative Action.
II. Affirmative action programs harm minorities more than they help minorities.
A. Affirmative action increases racial tension between whites and minorities.
B. Affirmative action places lower expectations and standards of performance on minorities.
C. Some minorities may feel they got the job because of their race or gender and that others think the same, when in fact they actually were the best candidates for enrollment or job placement
III. Affirmative action is reverse discrimination
A. Definition
1. Discrimination is defined as ?making a difference in treatment or favor on a basis other than individual merit.?
2. Reverse discrimination is defined as ?discrimination against whites or males? (as in employment or education). [Consider this point: the term is offensive to many minorities because they feel it implies discrimination should ?only go one way.?]
B. Quota systems and set-asides violate Title VII of the Civil Rights Act of 1964.
C. Under affirmative action programs, academic performance is considered second to race for college admissions.
IV. Future of Affirmative Action
A. L.A. Times [underline or italicize] survey indicates that all Americans disapprove of preferential treatment based on race.
B. Rice University adheres to admission policies that consider economic backgrounds and unique talents of students rather than race.
C. [I would think you need to mention the U Michigan case that is now before the Supreme Court]
[Be sure in your conclusion you make a recommendation, keeping it fair since your audience is composed of minorities who are worried about the outcome of AA decisions, as well as whites who feel victimized by AA.]

Works Cited

Beckwith, Francis, and Todd Jones, eds. Affirmative action: Social Justice or Reverse Discrimination? Canada: Prometheus Books, 1997.

Ewers, Justin. ?A Glimpse of Life Without Affirmative Action.? U.S. News and World Report 134.10 (2003): 48.

Lane, Charles. ?O?Connor Questions Foes of U-Michigan Policy; Justice Seen as Holding Likely Swing Vote as Court Weighs Affirmative Action Cases.? Washington Post 2 April 2003: A1.

Roach, Ronald. ?Living in a Post-affirmative Action World.? Black Issues in Higher Education 20.1 (2003): 32-34.

Urofsky, Melvin. A Conflict of Rights. New York: Macmillan, 1991.

Brainstorming Ideas:
? Affirmative action is commonly supported by liberals and it is commonly opposed by conservatives.
? Affirmative action has many positive benefits on society; it promotes cultural awareness, creates diversity, and it promotes equal opportunity.
? Affirmative action is simply another form of discrimination.
? Affirmative action creates opportunity, but it cannot create equality.
? Can the human race ever dissolve the notion of discrimination?
? Affirmative action is unconstitutional.
? Quota systems unfairly reward or penalize students, based on race.
? Rice University of Texas provides student admission to the private university by considering the unique talents, the life experiences, and the details of an applicant?s family life without discussing race. The result at Rice has been a cultural diverse student body.
? Advocates of AA support the use of percentage plans and set-asides.
? Opponents argue that promotions should be based on performance and college admissions should be base on academic performance.
? By lowering the standards of competency and expectations of minorities, affirmative action programs have presented minorities with even tougher obstacles to overcome in the race for equality.
? How can minorities ever compete equally with white counterparts if society places lower standards on minority groups?
? Some feel that an end to affirmative action could have a positive effect on the minorities in America.
? Without affirmative action some believe that minorities would become more competitive academically.
? Others feel that affirmative action is vital to maintaining a culturally diverse student body at institutes of higher education.
? Some feel that an end to affirmative action will cause greater divisions between Blacks and Whites.
? Title VII of the Civil Rights Act prohibits employment discrimination based on ?race, color, sex, or national origin.?

Based upon your readings from this unit, write a 1 - 2 page essay for each topic (below) using APA formatting.
1. Discuss some of the criminal justice administrators responsibilities regarding the rights of its employees which include drug testing, privacy, employment, sexual harassment and disabilities.
2. Show how diversity training programs, such as the one developed by the Texas Department of Criminal Justice Human Resources Division, are able to comply with affirmative action legislation in protecting the rights of employees, while at the same time enabling the agency to carry out its mandate of effectively applying the criminal law
Federal Equal Employment Opportunity (EEO) Laws
http://www.eeoc.gov/abouteeo/overview_laws.html
An overview of federal laws prohibiting employment discrimination in the U.S.
Texas Department of Criminal Justice Human Resources Division: Managing Diversity Training Series
http://www.tdcj.state.tx.us/vacancy/diversity/diversity.htm
One state agencys web site on managing diversity in the workplace


There are faxes for this order.

Here are the requirements:
Need to watch the movie "Gangs of New York" (the one with Leonardo DiCaprio and Cameron Diaz) write a brief summary of movie. Analyze the dynamics of life and gang membership in five points of New York about civil war times. Address the immigration, historical employment, discrimination, issues of the period and place as they relate to belonging to a gang.

This is a CJ class on Gangs.

I would like you to select a narrow topic or issue you would like to research and analyze related to the subjects we have covered (Agency, Employment, Discrimination, Business Organizations, Securities Law, or Consumer Protection (advertising). You should select a business minded question or issue related to the subject, and research that topic. Then, prepare a business minded memo addressed to the CEO of the Company providing your advice.


The format should be a 5 page (or less) single spaced 12 point type memo to your boss with your analysis and recommendations regarding the topic.

Discrimination and Affirmative Action

Set Aside Programs

It is often very difficult for a woman or a minority to start a business. Banks and other service companies are often not receptive to supporting new businesses with diverse ownership. Or so the claim is made. As a remedy, many states have taken to requiring certain set aside programs, where a percentage of business must go to minority or women-owned businesses.

Please Read:

Board OKs contract for company that failed to meet minority goals
Laura Smitherman. McClatchy - Tribune Business News. Washington: Aug 7, 2008.
http://proquest.umi.com/pqdweb?index=0&did=1526873651&SrchMod e=1&sid=25&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1236295162&c lientId=29440

Abstract (Summary)
Aug. 7--Over the objections of the Legislative Black Caucus and NAACP, a divided public Board of Public Works yesterday approved a $44.8 million contract for airport shuttle service to a company that failed to meet Maryland's minority business goals.



Please answer the following:

Should the Maryland Airport have awarded this contract?

Please write a three to five page paper answering this question. Be sure to set out the utilitarian and deontological considerations



Privacy Policy | Contact

Employment:state & defend- How can nurses voices be heard and valued in creating work environments that promote high quality care? What options do nurse employees have regarding employee/management problems, such as hospital downsizing, and cross-training and supervision of non-licensed professionals. When it comes to collective bargaining, how can nurses tell whether they are employees or management?
Licensing: state and defend- Do you think licensing requirements are too strict, why or why not, do standardized test really prove that you are a competent nurse, does licensing protect the public or does it protect nursing professionals and should there be a national licensure for nurses so they can practice across state boundaries why or why not

Discrimination in all its forms and sexual harassment are big issues for organizations worldwide. This week you are to go to the web and find a article on one of the following topics: Sexual Harassment, Age Discrimination, Religious Discrimination, or Workers with Disabilities. You may use an article that you find on the Internet, in a magazine or newspaper.


Then I want you to prepare a review of the article. I do not want you to copy it ... I want your summary and reactions to the article. Cutting and pasting will not get you any credit.

PLEASE USE the FORM PROVIDED FOR THIS REVIEW.


HR MANAGEMENT
CURRENT EVENTS REPORT


Name: Date:
Title of Article:
Source (publication name or URL):

Author(S):
Publication Date:
Subject / Main Ideas / Concepts of article:




Identify points that seemed new or insightful to you:





What questions, concerns, difficulties do these reading raise?







Relevance to course material, other observations and comments:

Employment Law

1. Examine the nature and scope of the employment relationship in its legal and business context:

? evaluate the effect of European Union legislation on the employment relationship

? compare and contrast reasons and methods of terminating the relationship

2. Evaluate the legal provisions concerned with discrimination and health and safety in a legal and business context:

? apply the legal provisions on discrimination to particular cases

? assess the relationship between the developing law on discrimination and human resource management practices

? evaluate health and safety practice in a given organisation and compare to best practice

3. Examine the impact on the employment relationship of the developing law in the areas of
human rights and data protection legislation:

?discuss the impact on the employment relationship of the legal provisions on human rights

? apply the data protection principles and the rights of data subjects to a given organisation

Employment Law.

Respond to chapter 51, Problem 3 on Title VII:

you log on to:

http://online.vitalsource.com/signin

Email: boisrond5(at)optonline.net


If you click on "Bookshelf" at the left corner of the page

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Custom book for Ashford BUS 670 Business Law Mallo

Dianne Rawlinson, a female applicant who was rejected for employment as a prison guard in the Alabama prison system, challenged certain state rules restricting her employment prospects under Title VII. They were (1) requirements that all prison employees be at least 5 feet 2 inches tall and weigh at least 120 pounds, and (2) a rule expressly prohibiting women from assuming close-contact prison guard positions in maximum-security prisons (most of which were all male). What method of proving a Title VII case should Rawlinson use in attacking the height and weight requirements? Does she need to use one of these methods to attack the second rule? What argument should the state use if Rawlinson establishes that the height and weight requirements have an adverse impact? What Title VII defense might the state have for the second rule? With regard to the second rule, assume that at this time Alabama?s maximum-security prisons housed their male prisoners barracks-style rather than putting them in cells, and that they did not separate sex offenders from other prisoners.

I need a 10 page research paper that deals with some aspect of Employment Law, double spaced, in APA format, 12-pitch font in Times New Roman. The paper must have five references, one of which must be a non-internet, hard copy source. Footnotes and Bibliography are to be in APA format as well. No abstract required.

( I would like 10 pages on the revised version of Section 1.)
(Section 1) Abstract
Halkias (2004) stated that Wal-Mart has been accused of preferential treatment of some and the lack of equal opportunity for others (females).
Wal-Mart is seen by its employees for not concentrating on its ethics violations (Duke vs. Wal-Mart). Wal-Mart has addressed the problem of keeping unions out with great zeal, drags out ligation employees can not afford in court.
Unions continue to fight for employees rights with little success. It has been noted that the Class Action Lawsuit (Duke vs. Wal-Mart) has advanced out of the House of Representatives and now goes to the Senate for final approval, this bill will address employee rights to choose or not choose unions.
Wal-Mart?s policies and directives have huge consequences when not followed, managers and board members carry out these policies with out ever asking questions.
Wal-Mart?s grievance procedures are of little help to employees, and when the file a grievance, usually the find retaliation and are eventually fired.
Employees that have no other alternative for grieving their case usually just accept what ever is handed down. Employees with no other avenues for jobs and have families will not file grievance or make trouble. Cox (2001) stated employees say that the grievance system, the policy of the ?open door policy? was actually used against them, to identify ?troublemakers? so that they could be targeted for termination.
Example: The current large class action suit is named for Betty Duke and the story reflects the inadequacy of Wal-Mart policies to address equity and other conflict: ?Betty Duke, a 52-year-old African-American woman who still works at Wal-Mart. First hired by the company in 1994 as a part-time cashier in Pittsburg, California, she was an eager employee with a sincere admiration for founder Sam Walton's "visionary spirit."
A year later, with excellent performance reviews, she was given a merit pay raise and a full-time job. Two years later, after being promoted to the position of customer service manager, she began encountering harsh discrimination from her superiors; she says she was denied the training she needed in order to advance further, while that same training was given to male employees.
When Dukes complained about the discrimination, managers got back at her by writing her up for minor offenses like returning late from breaks, offenses routinely committed by her white and male co-workers, who were never punished, she says. When she kept complaining, she was denied a promotion and finally demoted back to her cashier job. She went to the Wal-Mart district office to complain, but the company did nothing. Being demoted was not just humiliating: It deprived Dukes of other promotions, and her cashier job offered fewer hours and a lower hourly wage. When she was once again eligible for promotion, four new management positions, none of which had even been posted, were filled by men? (Featherstone, 2004). This indicates that it has been impossible to work out conflict management through established Wal-Mart channels.
Deborah Gunter was working at Riverside, California for thirty years always being faithful to Wal-Mart, but when she when against Wal-Mart?s policies and procedures she soon found out where she really stood. Deborah Gunter was transferred to the Tire Lube Express Department and did the work faithfully, even training a male employee in her department that eventually took over her responsibilities, when she complained her hours were reduced and eventually fired (Featherstone, 2004). Wal-Mart continues to violate ethics of its employees with little regard for government intervention, but that is about to change.
Section 1: Foundation of the Study
The Foundation of this study centers on Wal-Mart?s disregard for human dignity and continued violations of employee rights and morale. Wal-Mart has little regard for lawsuits and the organization and top management hire employees with no education or experience, and when employees complain its usually their last complaint at the retailing giant. On behalf of 1.6 million women who worked at Wal-Mart from 1998 to 2001 Betty Duke has filed a class action lawsuit that eventually made it all the way up to the Highest Court in the United States and is known as (Betty Dukes vs. Wal-Mart Stores, 2004)
Background of the Problem
If you were hired by Wal-Mart would you feel comfortable knowing that this giant retailer has a bounty on your head if you die in the form of Death Benefits that Wal-Mart only enjoys when you pass on?
The (Betty Duke vs. Wal-Mart Stores, Inc, 2004) class action lawsuit brings out more dark secret company policy issues that Wal-Mart has been hiding from their consumers and the public. This issues will take center stage when the United States Senate takes up the issue of unionization of employees rights to choose their union or not. At center is the ethics violations that employees have endured throughout their employment with the retailing giant, loss of dignity and morale by female employees who have chosen to stay because there are no other job opportunities. Wal-Mart is clever at effectively shutting down competition in surrounding communities and then hiring their employees at a lesser wage. Selling products cheap and hiring workers for less is a Wal-Mart policy norm that is violating employees working ethics.
Bhatnagar (2004) wrote of ethics violations by the retaining giant that "In 1999, women constituted 72% of Wal-Mart's hourly employees, but only 33% of its managerial employees."
According to the Berkeley Women's Law Journal in (2004), Wal-Mart paid its employees about one-third less than what similarly unionized employees earn. A hourly pay violation by The Federal Fair Labor Standards Act accuses Wal-Mart of working its employees overtime, then bringing in management to adjust the time sheets. Working ethics violations still continue and employees are still suffering from the retailing giant who will stop at nothing just to make a dollar.
Wal-Mart is the largest retail store in the United States. Brownstein (2005) wrote of still more violations of Wal-Mart?s quest of reducing the costs payroll. Paying 20% percent of their weekly salary for health insurance that has no teeth is still another violation of Wal-Mart?s ethics. Brownstein stated that on average a Wal-Mart employee earns $8.00 per hour, with an average take home paycheck of about $256.00, which equates to a yearly salary of $13,312.00, when the poverty level in America is $14,630.00. Brownstein (2005) brought out more violations in the healthcare of Wal-Mart employees, stating that in the last 12 years, Wal-Mart has been raising the costs of premiums for the its Wal-Mart employees by 200%.
Featherstone (2004) wrote about Wal-Mart?s management receives handbooks upon joining the company and part of the handbook guides managers in ways to pick and choose employees along with ways to inspire them in helping keep the company union-free. The company that was founded on Sam Walton's old fashion values of putting people first seems to be at a crossroads. Do they continue down the road that has put them in this position, or does management take a good hard look at where the company is headed?
Problem Statement
One strategy that Wal-Mart practices is work hours of employees, Biddle (2004) pointed out that the retailing giant?s favorite system of keeping employees from joining unions was limiting full time employees from 40 to 32 hours per week, this prevents them from joining unions.
In addition to part-time employees not having any rights in joining unions, full-time employees are not paid over-time pay when the work extra hours. Bhatnagar (2005) inserted that Wal-Mart employees are forced to work off the clock to avoid over-time pay. These types of ethics violation has been going on for years. Sellers (2005) found that Fair Labor Standard Lawsuits have been filed in many states, some of been settled to avoid other employees from doing the same thing. Wal-Mart continues to buy clothes and other items cheap, regardless of the ethics violations, recently a story appeared on television that showed Wal-Mart buying clothes made by children who are paid next to nothing (Sellers, 2005).
Wal-Mart first came out with the slogan of satisfying the customers and employee dedication. Employee dedication was keeping the employees happy by paying them a fair wage and offering good benefits to them, this all changed when Sam Walton died, and along with him consumer and employee satisfaction.
Wal-Mart continues to violate employee rights by reducing their hours, making them part-time employees and preventing them from joining unions (Biddle, 2004).
General business problem
Wal-Mart?s general business problem is the laws passed to protect people?s rights, and that includes Wal-Mart employees, who are still suffering under Wal-Mart?s methodology of selling cheap and paying low wages. If the United States Senate passes the Employees Right to Choose Unionization or not, regardless this will give the employees the freedom to choose without fear of being fired. The Human Rights Watch said Wal-Mart has strategies that the Watch Group said is illegal and violates employee?s rights.
According to the Huston Chronicle (2002), Jane Sims never knew her husband was insured by Wal-Mart, until she discovered that Wal-Mart took out a Death Insurance Policy on him. Jane Sims never got a dime of that money, and had to pay for the funeral expenses of her beloved husband Douglas Sims who died in 1998. Wal-Mart received $64,000 from Douglas Sims death, and gave nothing to his widow.
Your specific issue/problem
Wal-Mart violations of employee working ethics and violations of their basic human rights has become an issue in every community Wal-Mart locates in. Wal-Mart is considered a business killer when it locates to these communities. Systematically closing small Mom and Pop Stores then hiring their employees for less, and in most cases part-time to prevent them from unionizing. The (Betty Duke vs. Wal-Mart Stores, Inc, 2004) sets out to change some of these violations of employee?s basic ethical rights.


Section 2: The Project ( I would like 5 pages on this project) (This project is on Wal-Mart)
Section 2 of your Prospectus is due this week. You will incorporate any feedback you have received up to this point that affects Section 2, and you will submit a revised version of Section 1.
Section 2 of the Prospectus centers on describing the project. Be sure to include the following aspects:
? Restatement of the project purpose and research question(s)
? Description of the analytical methodology
o Provide the theoretical and research foundations of the project design (methodology and context).
o Identify data that you might need to collect and a preliminary plan for collecting those data.
o Discuss statistical tools or processes you could use to analyze data.
o Identify the appropriate variables in the context of the study.
Section 1 (revised) should be approximately 8?10 pages in APA format. Section 2 should comprise 3?5 pages in APA format.

(This project is on Wal-Mart)
Section 2: The Project
Text begins here. Provide a one or two paragraph introduction to Section 2. This introduction should provide a clear outline of the Section.
Purpose Statement
Text begins here. Begin Section 2 by reminding readers of the purpose of the study. Do your best not to copy and paste word for word from Section 1; instead, vary your language slightly to keep your reader engaged but ensure facts are accurate.
Role of the Researcher
Describe the role of the researcher in the data collection process in this subsection.
Participants
Text begins here. Discuss procedures for gaining access to participants, establishing a working relationship with participants, and measures to be taken to assure that the ethical protection of participants is adequate. Note: if participants are not used in the study, just note N/A and why.
Identify sample type: random, purposive, stratified, or other and fully describe the participant selection and geographical location.
Research Method and Design
Text begins here. The research method and design includes (a) a description of the research method and design, (b) provides justification for using the method and design, and (c) derives logically from the applied business problem statement. The method and design should be appropriate to researching the problem statement. Note: this subsection should be a significant expansion of the discussion on the Nature of the Study in Section 1.
Method
Text begins here. Identify and justify the use of a specific research method, indicate whether the research project uses quantitative, qualitative, or mixed methods (hybrid), why it was selected, and why other methods were not selected. Expand on the discussion in Section 1.
Research Design
Text begins here. Identify and justify the use of a specific research design within a research method. Discuss why it was selected, and why other methods were not selected. Finally discuss why this design is appropriate to the problem being studied. Expand on the discussion in Section 1.
Population and Sampling
Text begins here. This section (a) describes the population from which the sample will be drawn; (b) describes and defends the sampling method including the sampling frame used, using appropriate methodology references and concepts; (c) describes and defends the sample size using appropriate methodology references and concepts; (d) describes the eligibility criteria for study participants; and (e) describes and explains the relevance of characteristics of the selected sample.
Criteria for selecting participants are specified and are appropriate to the study. There is a justification for the number of participants (in accordance with the qualitative design/approach chosen) which is balanced with depth of inquiry. The fewer the participants used in the study, the deeper the inquiry per individual. If appropriate, the rationale for specific types of subjects/representation in sampling is provided. Criteria for selecting participants are specified and are appropriate to the study.
Note: Discuss sampling techniques such as purposive, convenience, random, or stratified sample (subsets might include age, race, gender, or experience).
Data Collection
Instruments
Text begins here. This section presents: (a) Descriptions of instrumentation or data collection tools to include the name of the instrument, the type of instrument, concepts measured by the instrument, how scores are calculated and their meaning, processes for assessment of reliability and validity of the instrument(s), processes needed to complete instruments by participants, and where raw data are or will be available (appendices, tables, or by request from the researcher). (b) Includes a detailed description of data that comprise each variable in the study. (c) Addresses appropriate psychometric properties of the scale used. (d) Discusses strategies used to address threats to validity, test-retest reliability, internal consistency, among others. (e) Finally discuss any adjustments or revisions to the use of standardized research instruments that were made.
Note: If you develop your own instrument, it must be piloted and validated. Some surveys may be purchased from http://buros.unl.edu/buros/jsp/search.jsp. Survey Monkey can be used to develop surveys or interview questionnaires ? see http://www.surveymonkey.com.
Data Collection Technique
Text begins here. Describe the technique used to collect data such as a survey, interview, observation, site visit, video recording, a sample of existing data or records and so on. In addition, describe the process of how data will be collected. For example, will a pilot study be used prior to the study? Finally, provide a list of any interview or survey questions used, which may be referenced here and placed in the Appendix.
Data Organization Techniques
Text begins here. Describe the systems use for keeping track of data and emerging understandings such as research logs, reflective journals, and cataloging systems. Describe how data will be secured, how long data will be stored, and how its subsequent disposition.
Data Analysis Technique
Text begins here. Data analysis logically and sequentially address all research questions or hypotheses, where appropriate, outcomes of hypothesis-testing procedures are clearly reported (e.g., findings support or fail to support, and do not contain any evident statistical errors. Describe how data will be analyzed such as using software tools such as NVivo, SPSS, Excel, and so on. Describe in detail any data coding used. Finally, overall, data analysis (presentation, interpretation, explanation) is consistent with the research questions or hypotheses and underlying theoretical/conceptual framework of the study.
Reliability and Validity
Reliability
Text begins here. Discuss both the reliability of the study and the reliability of the instruments or interview / survey questions used.
Validity
Text begins here. Discuss both the internal and external validity of the study.
Transition and Summary
Text begins here. This section summarizes Section 2 and the gives an overview of the next section.

Welcome!

It is with great pleasure that I welcome you to our team. Atwood and Allen consulting is one of the leaders in business development and innovation and we are successful because of our team. It is with your help that we will continue to be a leader in our field, and I am excited to work with you.

Over the next several weeks, you will be given various tasks that you must complete for our clients. I have assigned you to three particular clients. Each of these clients is in a unique situation and, to give you a variety to work with, I have chosen a small-, medium-, and large-sized business. All of the businesses you will be working with are venturing into new territory and they need help with their HR policies and procedures.

I will be in communication with each of these clients and I will save my communications with them for you to use as a reference. Most, if not all, of the information you need to complete the tasks should be available in the communications, so make sure you check them carefully for any relevant and useful information.

Each week, you will be required to work with only one of the clients, although you may choose which client to work with. In the following weeks, you can either continue to work with the same client, or you can choose to work with the other clients. In some instances, however, you will need to work with a group to complete the task. Your team, however, will still have the freedom to choose which client to work with. I want you to have the freedom to work with the size and type of business that interests you, but I also want you to have the opportunity to be challenged by working with business sizes or types that may be more unfamiliar to you.

The choice is yours. No matter what, though, you're going to gain some valuable experience and I'm happy you're a part of our team. Now, let's get to work!

Sincerely,

Traci Goldeman
Manager
Atwood and Allen Consulting




Hello,

This week, I need you to develop an employment law compliance plan for one of our clients. Remember, you can choose to work with a small, medium, or large business client. It's up to you. Make sure you check the Client Communications link to see a copy of my communications with the client regarding this issue.

After you do that, you'll need to start researching applicable employment laws for the necessary city, state, or country. Also research enforcement and consequences of noncompliance with said laws.

Then, you'll need to identify the most relevant employment laws your client must be concerned about to create an employment law compliance plan.

Thanks,

Traci Goldeman
Manager
Atwood and Allen Consulting

Required elements:

At least four employment laws
Assignment should be in memo format
Cite all appropriate research used
A brief summary of each law and the consequences of noncompliance with those laws.

Please see attachment