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Module 1 - Case
DISCRIMINATION, RETALIATION & THE LAW
Developing and Enforcing ADA Policy
For
your first assignment in this Module, you will be experiencing some of the same
challenges HRM professionals experience in prepare company policies.
Specifically here you will be working on an organization-wide policy concerning
the Americans With Disabilities Act.
After
becoming familiar with the ADA's requirements please discuss the following:
- You
are a newly assigned top HRM professional in your organization that offers
carnival rides around the U.S.. Your organization has 250 employees
traveling carnival circuits and 200 more back at the plant creating and
making new carnival rides (Ferris Wheel, Tilta-Whirl, etc.). Your boss has
just entered your office shaking his head in disbelief. He handed you an
article written by someone named Jacobs. He said "I am sure you know
all of this stuff, but it is a foreign language to me." He wants you
to develop an ADA policy/procedures document for your new Employee
Handbook. Your boss is concerned with staying in compliance with the ADA
while achieving high productivity, keeping costs in line and maintaining
employee morale. Use the Jacobs article as a spring board to your approach
(since this is the focus of your boss' attention at this time). Hint: Be
sure to look at the employer information on the EEOC website.
- After
you have developed your policy and procedures section for the Employee
Handbook, discuss how you determined what should go into a
policy/procedures statement to employees. Did you lean on
policies/procedures of other employers? If so, which ones?
- Would
you issue the same Employee Handbook and/or a different document to your
supervisors? Why or why not?
Submit
this paper by the module due date. Paper length:3-4 pages, not counting the cover and reference pages.
For
this case assignment, you will:(1) apply effective communication skills in a
business environment, (2) assess the ethical implications of business decisions
and actions, and (3) assess the impact of culture and diversity on business
practices.
Assignment Expectations
Your
paper should demonstrate critical thinking and analysis of the relevant issues
and HRM actions, drawing upon all of the required background readings and any
relevant sources from your prior courses and your own library and Internet
research.
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and word-usage
errors.
Address
all aspects of the assignment as stated above.
Provide
private-sector employer examples of HRM programs, systems, processes and/or
procedures as you address the above assignment requirements. Provide the names
of the employers. Note--do not use your own organization as an employer example
in your case paper.
Complement
your Internet search with library searches and be sure to bring in information
from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Jacobs,
R. (2011, April). Disability Discrimination, Reasonable Accommodation, and the
Modified Commute. Employee Relations Law Journal, 36(4), 59-68.
Module 1 Slp
In
this assignment, we will be taking a close-up look at gender discrimination in
the workforce.
You
should be familiar with the Equal Employment Opportunity Commission's webpage
and the wealth of information available there for employers (www.eeoc.gov).
[Do not limit your research to just information from the eeoc.gov website,
however.]
Now,
please read the following case study:
Gender
Inequality in the Workforce: A Human Resource Management Quandary.
You
can find the case study at:
After
reading the case study, please answer the 10 questions found at the end of the
case study.
Reference
Parcheta,
N., Kaifi, B.A., & Khanfar, N. (2013). Gender Inequality in the Workforce:
A Human Resource Management Quandary. Retrieved on March 6, 2013 from http://jbsq.org/wp-content/uploads/2013/03/March_2013_17.pdf
Assignment Expectations
1.
Length 4-5 pages of double spaced 12 point font text, plus cover and reference
page.
2.
Structure: Q&A style.
3.
Style: APA format.
HRM
Discussion Questions 1. Do you think there will ever be equal employment in the
workforce? 2. Do you think there is a correlation between how women are treated
in society and how women are treated in the workforce? 3. What recommendations
do you have for women in the workforce? 4. Do you think there will be a new
glass ceiling in the future? If so, who will it impact? 5. What can employers
do to help women in the workforce? 6. Do you support affirmative action?
Explain why. 7. How is the Title VII of the 1964 Civil Rights Act different
from the Civil Rights Act of 1991? 8. Do you think that some women are not
hired for upper level management positions because a female may become pregnant
and may take a significant amount of time off which may hurt the organization?
Do you agree with this notion? 9. What other law suits can you think of
regarding unequal pay and benefits for women? 10. Should hiring be based
exclusively on merit? Justify your thoughts.
Module 2 - Case
HIRING PRACTICES & LEGAL COMPLIANCE
Importance of Background Checks
For
this case assignment, begin by reading the following two articles concerning
background checks:
Meinert,
D.. (2011, February). Seeing behind the mask. HRMagazine, 56(2),
31-32,34,36-37.
Winn,
E. (Sept.-Oct. 2003) “Employee Crime and Employer Punishment,” Progressive
Rentals, 40-43. Retrieved Feb. 20, 2011 fromhttp://www.rtohq.org/rent-to-own/files/backgroundcheck.pdf
Discuss the important issues presented in these two
articles.
What
expert recommendations would you make to private-sector organizations deciding
whether or not to conduct investigations or other pre-employment inquiries of employees?
What
negative results could happen if background screening isn't conducted? What
does the term "negligent hiring" mean and why might it apply when
thorough background screening isn't conducted?
What
specific laws governing the private sector should human resource managers be
knowledgeable of concerning screening pre-hires? Why?
Turn
in this paper. Paper length:3-4 pages,
not counting the cover and reference pages.
Assignment Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and
word-usage errors.
Address
all aspects of the assignment as stated above.
Provide
private-sector employer examples of HRM programs, systems, processes and/or
procedures as you address the above assignment requirements. Provide the names
of the employers.
Complement
your Internet searching with library searches and be sure to bring in
information from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Module 2 - SLP
HIRING PRACTICES & LEGAL COMPLIANCE
Another
important aspect to finding the best person to hire is pre-hire assessments.
After reading—
Fisher,
D. R., and Nobile, R. J. Employee selection: Best practices for reducing legal
risk in pre-hire assessments. WorkLab Consulting, retrieved August 19, 2011,
fromhttp://podiaconsulting.com/pdfs/legal_selection_paper_f.pdf
Select
one of the following open positions and develop a pre-hire assessment plan to
fill the opening:
- President
of a major retail store chain
- Accountant
in a major bank
- Vice
President of HRM, communications technology firm, 240,000 employees
Be
sure to discuss how your plan relates to the Fisher and Nobile article and any
other articles that you have researched on applicant assessment for this
assignment.
Turn
in this paper by the module due date. Paper length: 2-3 pages, not counting the
cover and reference pages.
Module 3 - Case
DISCIPLINE & DISCHARGE
Reasons for Dismissal
This
assignment provides an example of one way a union-free company handled their
process of disciplining/discharging an employee.
Begin
by reading--
Whitlock,
D. (2010, October). Discipline and Termination: Employment Law Blocking and
Tackling. Construction Distribution, 13(4), 52. Retrieved August 19, 2011, from
ABI/INFORM Trade & Industry. (Document ID: 2184142161).
Then
read the following situation:
Susan
was hired on January 12, 2011, as a mail delivery person for Val-Tech, a
security surveillance company. She signed a "Receipt of Employee
Handbook" form that confirmed she had received several company policies
dealing with issues such as illness and discipline. The Handbook also stated that
the first three months of employment was a probationary period and that
employees could be discharged with or without reason during that time.
Val-Tech's
policy of progressive discipline included verbal and written warnings, followed
by suspension and ultimately termination. It also specified serious misconduct
could lead to immediate dismissal. The attendance policy required a doctor's
note from employees who were absent for three consecutive days and allowed five
paid sick days a year, which couldn't be banked.
Not
long after starting her job at Val-Tech, Susan announced she was pregnant. She
frequently had to take time off during the day to go to doctor's appointments
and in most cases the absences were approved by her supervisor and she made up
the time by working through her lunch hours. Her supervisor told her she didn't
need a note for these absences.
On
March 3 Susan began having severe pain at work. She went to the bathroom and
suffered a miscarriage. When she told her supervisor, the supervisor was
understanding and offered to take her to the hospital. However, Susan opted to
have her partner pick her up and take her. The supervisor told her to rest over
the weekend and she would see Susan next week.
Susan
returned to work the next Monday but was still in pain. After work she went to
the hospital for an ultrasound, but was told she would have to come in the
following morning. She informed Val-Tech of her appointment.
Her
ultrasound revealed she needed to have immediate surgery. Susan called Val-Tech
to advise them of her situation. She ended up having the surgery at 3 a.m., on
March 7 and spent the day recovering. She didn't call Val-Tech to update her
status, though she believed her supervisor had told her to take the day off if
she had surgery. However, Val-Tech considered this an unreported absence.
Susan
returned to work the following day, March 8, and was taken into a boardroom,
where her supervisor told her "your services are no longer required."
She was then escorted out the door.
The
note in the file read: "Reason for dismissal: Poor performance and
absenteeism. Employee was often late because of sleeping in and had been absent
nine times in two months. She was also frequently emotional at work, which
affected her ability to concentrate and learn her tasks. This also distracted
her co-workers. Verbal discussion held with employee about wearing sweatpants
to the office, but still did, and she spent too much time on her cell phone.
According to the company, Susan had been verbally warned about the clothing
worn, the cell phone usage and her absences.
Susan
denied any of this had been discussed.
In
your Case paper--
Please discuss whether or not the terms wrongful
discharge, employment-at-will, and progressive discipline apply to the case.
Critique this situation and make a determination
whether or not Susan's termination was appropriate.
Are there processes, procedures, and policies that
you recommend changing for the future for Val-Tech? Why?
In
your discussion be sure to bring in HRM terminology, legal terminology, and any
other relevant information from your research and readings that pertain to this
case.
Turn
in this paper by the module due date. Paper length:3-4 pages, not counting the cover and reference pages.
Assignment Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and
word-usage errors.
Address
all aspects of the assignment as stated above.
Provide
private-sector employer examples of HRM programs, systems, processes and/or
procedures as you address the above assignment requirements. Provide the names
of the employers.
Complement
your Internet searching with library searches and be sure to bring in
information from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered endnotes or APA style of referencing.
Module 3 - SLP
DISCIPLINE & DISCHARGE
In
this SLP assignment we will continue looking at the process of disciplining and
discharging employees. Nearly everyone has experience with that process in some
manner--either as the employee being disciplined/discharged, as the employer
who disciplines/discharges others, or in some other way.
Please
think about your own experiences disciplining and/or discharging employees. Or,
think about your own discipline/discharge experiences with you as the employee,
or stories about employee discipline and/or discharge from your friends or
relatives.
- Please
discuss TWO different discipline and/or discipline situations
- In
each of the two scenarios that you provide, what led up to the employer's
decision? Did everything go well from an HRM perspective? Discuss the
process, and also the strengths and drawbacks of the approach taken by the
supervisor or HRM representative.
- From
the employee's perspective, was the discipline/discharge viewed as fair?
- Were
the employer actions challenged in either of the examples that you
provide? Please discuss.
Turn
in this paper by the module due date. Paper length:2-3 pages, not counting the cover and reference pages.
Assignment Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings, and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and word-usage
errors.
Address
all aspects of the assignment as stated above.
For
any research conducted, complement your Internet searching with library
searches and be sure to bring in information from the background readings.
Evaluate resources and select only library/web-based resources that provide
reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Module 4 - Case
LEGAL CONSTRAINTS ON EMPLOYEE BENEFITS
FMLA Leave Frustrations
In
this assignment, you will be presented with a real-to-life situation that has
likely happened in some form in organizations somewhere today. There will be
opportunity for you to respond as the HRM professional you are/will be, and
also to add your own personal ideas and experiences as applicable.
Bringing
in background materials, library research and/or other research will help
strengthen your response.
Imagine
you are an HRM professional in your organization's head office. Your employer
recently has expanded and you have been assigned HRM duties over that newly
acquired facility.
The
following situation has occurred recently in the newly acquired company:
Manager
Mike and employee Ellen have worked for this company for 15 years and 17 years,
respectively. Ellen is a happy employee and has had satisfactory performance
reviews throughout her employment. Recently, though, she has frequently missed
work because of health problems. In the last 10 months, Ellen has taken
approximately 10 weeks of intermittent FMLA leave. She just told Mike that she
will be missing the next four days of work for a medical procedure. She gave
Mike a note from her physician, which Mike grudgingly accepted. Aside from
Ellen's attendance, most employees in the organization have not noticed any
deterioration in Ellen's performance. Employees have grumbled often to Mike
about the amount of work Ellen misses, however.
Even
though Ellen is entitled to a total of 12 weeks per rolling calendar year of
FMLA leave, and she follows the company's procedures in requesting leave, Mike
is tired of Ellen missing days of work. Lately, Mike has been much more
critical of Ellen's performance. At Ellen's annual performance review two weeks
ago, Mike gave Ellen a sub-par evaluation because of her lack of
"reliability." He put Ellen on a performance plan and told Ellen that
if she does not improve her performance, she will be terminated. Ellen tells
her company's receptionist (who also performs the HRM duties in the company)
that she thinks Mike is treating her differently since he learned that she has
a disability and since she started taking FMLA leave.
The
HR Representative is perplexed on what to do and has called you for direction
on how to tackle this situation.
To address in your paper:
Is there a potential legal issue here? Please
explain.Is it in this employer's best interest to encourage employees to
exercise their legal rights?
What do you think needs to be done? To whom and/or
with whom? Why? Be specific.
What are the important take-aways for employers to
learn from this case?
In your opinion is creating an environment without
retaliation possible in an organization of managers who also care about
productivity?
Turn
in thispaper by the module due date. Paper length:3-4 pages, not counting the cover and reference pages.
Assignment Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," heading/subheadings and a strong introduction and conclusion).
Proofread your paper carefully for grammar, spelling and word-usage errors.
Address
all aspects of the assignment as stated above.
Provide
private-sector employer examples of HRM programs, systems, processes and/or
procedures as you address the above assignment requirements. Provide the names
of the employers. Note--Do not use your SLP organization as an employer example
in your case paper.
Complement
your Internet searching with library searches and be sure to bring in
information from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Module 4 - SLP
LEGAL CONSTRAINTS ON EMPLOYEE BENEFITS
In
this SLP 4 you are asked to look at two court cases. Each case should concern
one of the required benefits listed below. Each of the two court cases
discussed should relate to a different benefit.
Note:
Most legal cases can be found in the TUI Online Library or Google Scholar.
To
access Google Scholar:
1)
Go tohttp://scholar.google.com/
2)
Click on Case law
3)
Type in your topic
4)
Click on the search button
- Workers
Compensation offers insurance benefits to employees who become ill or are
injured at work. This insurance is different in every state and is
dictated at the state level. In addition, some states require employers to
purchase disability insurance.
- Unemployment
Insurance provides compensation to employees who lose their job for no
fault of their own. It is different in every state and is mandated at the
state level. The first step is to register the business with the state’s
workforce agency and that is where you’ll learn what the state requirement
is.
- Social
Security Taxes are required to be paid on employees. The current rate for
SS tax is 6.2%, which both the employee and the employer pays, plus an
additional 1.45% for Medicare tax.
- COBRA
Benefits are required for employers with 20 or more employees who are
subject to the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA).COBRAallows the employee to maintain
their insurance coverage at the employer’s group rates for a period of up
to 18 months. This coverage applies to former employees, former employee
spouses, dependent children and retirees.
[Please
note that the Family and Medical Leave Act might also be listed here. Since it
is discussed in Case 4, however, it is not part of this SLP assignment.]
Discuss the background of each case, its outcome,
and the important takeaways for HRM professionals.
Turn
in thispaper by the module due date. Paper length:2-3 pages, not counting the cover and reference pages.
Assignment Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings, and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and
word-usage errors.
Be
sure to provide the full reference citation for each case discussed.
Address
all aspects of the assignment as stated above.
For
any research conducted, complement your Internet searching with library
searches and be sure to bring in information from the background readings.
Evaluate resources and select only library/web-based resources that provide
reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Module 5 - Case
LABOR LAW; EMPLOYEE SAFETY
Hyatt Regency Employee Discontent
To
begin this case assignment, please read the following articles concerning
safety concerns of hotel housekeeping staff:
Brown,
J. (2010, December). This Job Hurts! Labor Notes,(381), 16,10.
Hyatt
Housekeepers File Injury Complaints with OSHA (Nov. 10, 2010), Green Lodging News,
retrieved August 19, 2011 fromhttp://www.greenlodgingnews.com/hyatt-housekeepers-file-injury-complaints-with-osha
Hotel
Housekeeping Is Getting More Dangerous. (2006, June). Safety Compliance
Letter,(2466), 12. Retrieved August 15, 2011, from ABI/INFORM Trade &
Industry. (Document ID: 1072236101
Then respond to the following:
What is the responsibility of managers in luxury
hotels for the safety, health and security of their employees?
What are the legal protections that Hyatt
housekeepers have concerning unionization and safety and health?
What do you think is at the root of the problem with
the housekeeping staff at Hyatt Regency? Is this a safety issue, a labor
relations issue, both or neither?
Do all luxury motels have similar issues? If not,
what is the difference at Hyatt Regency, do you think?
If you were a newly assigned consultant at Hyatt
Regency headquarters what would your actions be to resolve this issue?
Turn
in this paper by the module due date. Paper length:3-4 pages, not counting the cover and reference pages.
Assignment
Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and
word-usage errors.
Address
all aspects of the assignment as stated above.
Provide
private-sector employer examples of HRM programs, systems, processes and/or
procedures as you address the above assignment requirements. Provide the names
of the employers.
Complement
your Internet searching with library searches and be sure to bring in
information from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered end notes or APA style of referencing.
Module 5 - SLP
LABOR LAW; EMPLOYEE SAFETY
In
this SLP assignment, you are working in an HRM department of a unionized
facility. This is your second job in HRM and your first in a union environment.
There was a newly filed grievance in your mailbox. It concerned yesterday's
discharge of an employee (Frank).
As
you get coffee from the empty break room you see a document titled "Using
the Seven Tests" laying on the table. Someone left it there. You pick it
up, stick it in your binder and return to your office to look at the grievance
form, the labor contract and this "Using the Seven Tests" article.
You
moan because the labor contract says that employees may not be discharged
unless there is just cause. You know there will be a fight.
The
paper you found on the break room table was "Using the Seven Tests,"
fromhttp://www.ueunion.org/stwd_jstcause.html
You
wipe your brow and wonder what you have gotten yourself into. This was the
Frank situation:
Frank
operated a machine in Building A. He usually was an average worker, but working
the past 4 weeks on that machine in Building A he had made lots of mistakes on
which products to accept and put in the box and which to reject. The Plant
Superintendent came into work in the middle of the night because the supervisor
called him. The supervisor checked Frank's boxes and 6 out of 8 had faulty
parts inside. The Superintendent terminated Frank's employment and walked him
out the door.
Discuss the seven tests and how they relate to this
situation. Is there more information that you will need to gather?
What will you do from here? Discuss.
Would you be concerned about the "Seven
Tests" if you were working in a union-free environment? Why? Why does a
"discipline/termination for just cause only" seem to be a "union
thing"?
Bringing
in background materials, library research and/or other research will help
strengthen your response.
Turn
in thispaper by the module due date. Paper length:2-3 pages, not counting the cover and reference pages.
Assignment
Expectations
Prepare
a paper that is professionally presented (including a cover page, a "List
of References," headings/subheadings, and a strong introduction and
conclusion). Proofread your paper carefully for grammar, spelling and word-usage
errors.
Address
all aspects of the assignment as stated above.
Complement
your Internet searching with library searches and be sure to bring in
information from the background readings. Evaluate resources and select only
library/web-based resources that provide reliable, substantiated information.
Give
authors credit for their work. Cite sources of borrowed information in the body
of your text as footnotes, numbered endnotes or APA style of referencing.
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