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Interview Employment Law Scenario

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You are the Office Manager for an advertising firm. Your firm has 10 employees, of which four are partners, four are admins for the respective partners, one is the receptionist and the last one is you.

The principal partner, whose name is first on the door and who generates the most income for the firm, has had a regular turnover of admins. The partner requires them to be at work before him and leave after him. He arrives at work at 0730 and leaves at 1930 each day. He also likes to work on Sunday afternoons and requires the admin to come in and do work with him.

The last admin, for her exit interview, related that she was a single mom with two kids in day care and that the hours were too long, though the pay was good- $50,000 plus great benefits. However, he also treated her quite poorly- being sarcastic and condescending to her.

When you talk to the principal partner, he states that you know the drill as to hours and pay. He also says with a wink and a smile- no mothers or pregnant women. Perhaps an older woman or a gay male would best suit his needs.

What do you say to him? (Laws in violation?)
What do you post in any ad for the job?
What information would you seek from any candidate?
What information would you provide to any candidate?

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Solution Preview

What do you say to him? (Laws in violation?)

- The principal partner cannot discriminate against any class, including mothers and pregnant women. I would tell the principal partner that if we hire an applicant solely because she is an older woman or a person with specific sexual orientations, that it creates a bias in hiring, which is against certain federal laws. The principal partner should be aware of the various laws that are involved, including Title VII of the Civil Rights Act (protects sexual orientation), and other laws, including the Pregnancy Discrimination Act. While there is no federal law against hiring an elderly person, the partner should be reminded that to avoid liability, the person should ...

Solution Summary

This solution discusses the employment law scenario presented. Each question is thoroughly discussed and all pertinent legal elements are explained.

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See Also This Related BrainMass Solution

Employment Law and Labor Relations

INTERVIEW

Find a person who works in a human resources area (this can include a business owner who has employees, as he or she IS the human resources department!). Interview the chosen person and gather the information listed below.

Ask that person to explain to you:

1. How did you received your employment law training, how frequently this training takes place, whether the training is adequate for themselves and most people in their field.

Have the person tell you 2 different times, in the course of their work, that they have had to make legal based decisions (this can include dealing with harassment, discrimination, firing, etc.). Ask specific questions regarding the scenarios to help you be able to understand what occurred and relay the information to me in writing.

2. Please explain 2 occasions that you had to make a legal based decision. Please explain in details.

Be sure to ask the person whether or not they followed their legal training and knowledge and if not, why not. Finally, ask whether or not they felt well trained enough, at the time, to handle the situations that arose.

3. Did you follow your legal training and knowledge if not, why not? Did you feel well trained enough, at the time, to handle the situations that arose?

The last part of your interview requires you to give the person a fictional scenario where he will be involved in a work based legal dilemma. Find out what he or she would do in this situation and why. Make the scenario, for your interviewee, a difficult one.

SCENARIO

4. You are hiring, doing an interview you requested that the potential employee fill out a medical request form and do a background check. The employee passes this portion. However, you then sent them to the examination room to do blood work. The potential employee fails the blood work. It comes back positive for HIV. What would you do and Why?

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