You are the HR manager for a large call center at Putty Sports. This center responds to customer inquiries about new sporting goods equipment products they have purchased. There always was an increase in volume of incoming calls and sales during certain times of the year, which created a need for doubling the size of the workforce. These volume peaks usually occurred in the summer and around Christmas and it was possible to meet the needs by hiring students- during the summer or at the holiday breaks, or by bringing back ex-employees for short periods of time. But now business has been doing very well and they are busy virtually all of the time. There are still some slow months, but only September, February and April. As the company has grown, there has been a need to develop a more structured approach to legal compliance in a number of areas.
You have been hired to assist in this process. The company is very conscious of the high cost of doing business but wants to avoid unnecessary legal expenses or fines, especially in the governmental compliance arena.
- Select 3 laws that you think could provide a problem for Putty Sports. Write an essay giving your reasons for selecting each of the 3 laws, suggest the steps that Putty could take to minimize or eliminate the risk of violating each of the laws and suggest steps that Putty should put in place to monitor and ensure future compliance with each of the 3 laws.
I have taken three different situations:
1. Reasonable Accommodation by Employers as required by the Americans with Disabilities Act
2. Minimizing the Risks of Vicarious Tort Liability (Under Contract Act).
3. Equal Opportunity ( Equal Opportunities Law)
Reasonable Accommodation by Employers as required by the Americans with Disabilities Act
The ADA the Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications (Job Accommodation Network, 2005). Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs.
The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case.
If the individual does not request an accommodation, the employer is not obligated to provide one except in certain situations.
Meaning of Vicarious Liability
Vicarious liability is a form of secondary liability that arises under the common law doctrine of agency - respondeat superior - the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability.
From a public policy point of ...
This solution answers a case study for Putty Sports and legal challenges that they may run into.