Business Ethics and Employment Law
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Course Introduction
This course explores the principles and frameworks of business ethics alongside the fundamental concepts of employment law. Students will examine ethical decision-making in business, the responsibilities of organizations to their employees and society, and legal considerations governing the workplace. Topics include discrimination, harassment, workplace rights and responsibilities, labor relations, and the development of ethical corporate policies. Through the analysis of real-world case studies, students will develop critical thinking skills and learn to navigate complex ethical and legal challenges in todays business environment.
Recommended Textbook Employment Law for Business 9th Edition by
Dawn D. Bennett-Alexander
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Page 2
Chapter 1: The Regulation of Employment
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Q1) Stephanie's employer intentionally misclassifies her as an independent contractor in order to avoid the costs associated with a full-time employee.What are the consequences that Stephanie's employer will have to face for misclassifying her?
Answer: Workers and employers alike make mistakes about whether a worker is an independent contractor or an employee.If a worker is classified as an independent contractor but later is found to be an employee,the punishment by the Internal Revenue Service (IRS)is harsh.The employer is not only liable for its share of Social Security (FICA)and federal unemployment compensation (FUTA)taxes but is also subject to an additional penalty equal to 20 percent of the FICA taxes that should have been withheld.In addition,the employer is liable for 1.5 percent of the wages received by the employee.These penalty charges apply if 1099 forms (records of payments to independent contractors)have been compiled for the worker.If,on the other hand,the forms have not been completed,the penalties increase to 40 percent of the FICA taxes and 3 percent of wages.Where the IRS determines that the worker was deliberately classified as an independent contractor to avoid paying taxes,the fines and penalties can easily run into six figures for even the smallest business.
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Chapter 2: The Employment Law Toolkit: Resources for Understanding
the Law and Recurring Legal Concepts
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Q1) Explain the public policy exception to the doctrine of employment-at-will,and also describe what an ex-employee must demonstrate to prevail.
Answer: One of the most visible exceptions to employment-at-will that states are fairly consistent in recognizing,either through legislation or court cases,has been a violation of public policy; at least 44 states allow this exception.Violations of public policy usually arise when the employee is terminated for acts such as refusing to violate a criminal statute on behalf of the employer,exercising a statutory right,fulfilling a statutory duty,or reporting violations of statutes by an employer.The public policy exception protects an employee who has engaged in conduct that society wants to encourage.The ex-employee must show that the employer's actions were motivated by bad faith,malice,or retaliation.
Q2) A court of appeals can decide to do any or all of the following,except:
A) Remand the case.
B) Affirm the lower court's decision.
C) Hear testimony regarding facts or issues not considered by the trial court.
D) Reverse the lower court's decision.
Answer: C
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Page 4
Chapter 3: Title Vii of the Civil Rights Act of 1964
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Q1) Describe the types of employees that are NOT covered by Title VII of the Civil Rights Act of 1964.
Answer: Employees not covered by Title VIIEmployees of employers having less than 15 employees. Employees whose employers are not engaged in interstate commerce. Non-U.S.citizens employed outside the United States. Employees of religious institutions,associations,or corporations hired to perform work connected with carrying on religious activities. Members of Communist organizations.
Employers employing Native Americans living in or around Native American reservations.
Employers who are engaged in interstate commerce but do not employ 15 or more employees for each of 20 or more calendar weeks in the current or preceding calendar year.
Q2) The moving force for enactment of Title VII of the Civil Rights Act of 1964 was:
A) Religious discrimination.
B) Gender discrimination.
C) Racial discrimination.
D) Discrimination based on education.
Answer: C
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Page 5
Chapter 4: Legal Construction of the Employment Environment
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Q1) Which of the following causes an employer to be subject to a claim of negligent hiring?
A) Failure to conduct a reasonable and responsible background check on an employee.
B) Failure to provide a reference about a former employee.
C) Failure to use word-of-mouth recruiting to obtain new employees.
D) Failure to correct an employee's mistaken belief about a job or an organization.
Q2) Information found on social media that might convince an employer that hiring a candidate would be a mistake includes all of the following except:
A) negative statements about a previous employer or co-worker.
B) information about alcohol or drug use.
C) photos from recent family vacations demonstrating the applicant's love of diverse activities.
D) cartoons or "funny" stories that seem discriminatory based on race, religion, gender, etc.
Q3) Describe the disparate treatment concerns when female employees are evaluated in accordance with a different criteria from those used with male employees.
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Chapter 5: Affirmative Action
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Q1) Valuing diversity means being sensitive to and appreciative of differences among groups,and using those differences as a positive force to increase productivity and efficiency.
A)True
B)False
Q2) Derek,an employee at Ferns Tech Inc.,filed a lawsuit against his employer.He claimed that after the introduction of an affirmative action plan at the workplace,his employer mostly promoted female employees,even if they were less qualified for the job.This may be an example of ________.
A) social loafing
B) positive displacement
C) stereotyping
D) reverse discrimination
Q3) Affirmative action obligations arise in the workplace through all of the following except:
A) a voluntary affirmative action plan established by the employer
B) a mandate from the workforce
C) through Executive Order 11246
D) as a judicial remedy for a finding of discrimination under Title VII
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Page 7
Chapter 6: Race and Color Discrimination
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Q1) Which of the following is an effective management practice to avoid claims of race discrimination from employees?
A) When an employee reports racial harassment, attempt to downplay what occurred.
B) Reduce diversity within the workplace as much as possible.
C) Provide a positive, nonthreatening, constructive forum for discussion of racial issues.
D) Promote the belief that race discrimination cannot occur in the workplace involved.
Q2) Describe two of the elements that constitute Title VII's (of the Civil Rights Act of 1964)prohibition of race discrimination.Give an example for each.
Q3) An employee must show each of the following to hold an employer liable for racial harassment,except:
A) the harassment was so pervasive or severe that it created an abusive environment.
B) the harassment was based on race.
C) the harassment was unwelcome.
D) the employer was directly responsible for the harassment.
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8
Chapter 7: National Origin Discrimination
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Q1) According to Garcia v.Spun Steak Co.,a facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment on the basis of national origin if the:
A) employer requires only a certain group of employees to adhere to the policy at all times.
B) policy is primarily meant to put only employees from a specific national origin group at a disadvantage.
C) affected employee can show that the policy is not a business necessity.
D) employer defines the privilege narrowly, if the policy is one that an affected employee can readily observe, and nonobservance is purely a matter of individual preference.
Q2) The discharge of a teacher from her services is upheld when,although fluent in English,she spoke with such a thick accent that her students found it difficult to follow her.
A)True
B)False
Q3) Citizenship and national origin are the same.
A)True
B)False
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9
Chapter 8: Gender Discrimination
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Q1) Per the health insurance plan provided as an employee benefit at Reindeer Technologies Inc.,male employees and their spouses are covered under the plan.For female employees,however,the insurance covers only them and not their spouses.Which of the following holds true in this scenario?
A) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim as Title VII of the Civil Rights Act of 1964 does not protect employees of private employers.
B) The female employees at Reindeer Technologies Inc. do not have a valid discrimination claim under Title VII of the Civil Rights Act of 1964 because their spouses are expected to be covered under an insurance plan at their respective workplaces.
C) The female employees at Reindeer Technologies Inc. have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964.
D) The female employees at Reindeer Technologies Inc. have a valid discrimination claim because gender can never be used as a bona fide occupational qualification.
Q2) What is gender stereotyping,and how does it result in gender discrimination?
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Page 10
Chapter 9: Sexual Harassment
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Q1) Colleen worked as an assistant to Matt,the director of marketing,for seven months.During this period,Matt constantly referred to Colleen as "the office beauty," and he would loudly smack his lips whenever she came to work in a skirt.On one particular occasion,when Colleen reminded him to get his wife a Valentine's Day card,he responded that his wife lived in another city and that he was lonely.He also made an inappropriate sexual gesture.If Colleen files a complaint of sexual harassment due to a hostile work atmosphere,which one of the following standards is most likely to result in a finding of sexual harassment?
A) The reasonable offender standard
B) The average person standard
C) The reasonable victim standard
D) The average third-party standard
Q2) In addition to bringing a lawsuit under Title VII,harassees may bring a civil action in state (and sometimes federal)court alleging any of the following except:
A) Assault and/or battery
B) False imprisonment
C) Interference with contractual relations
D) Sexual harassment
Q3) What are the elements of hostile environment sexual harassment?
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Page 11
Chapter 10: Sexual Orientation and Gender Identity Discrimination
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Q1) Employers have some flexibility in making workplace policies and decisions related to LGBT employees because:
A) the Equal Employment Opportunity Commission (EEOC) isolates gender identity from gender discrimination.
B) sexual orientation does not fall under the jurisdiction of state laws.
C) the Equal Protection Clause of the U.S. Constitution is limited to married, heterosexual couples.
D) sexual orientation is not a protected category under Title VII of the Civil Rights Act of 1964.
Q2) The law relating to sexual orientation is evolving and somewhat complex due in part to its exclusion from Title VII (of the Civil Rights Act of 1964)protections.What steps should a manager take to ensure that his or her company avoids potential discrimination claims based on sexual orientation in light of the laws that do protect homosexuals from discrimination?
Q3) Gender dysphoria is a medical condition recognized by the American Medical Association causing a person to feel like their mind is one gender,and their body is the opposite.
A)True
B)False
Page 12
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Chapter 11: Religious Discrimination
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Q1) Gotam,a devout Hindu,was employed as a waiter by Daffodil & Chrome Restaurant,a popular location for banquets.On a day when a banquet was held for VIPs,he turned up for work with a religious symbol,applied using sandalwood paste,on his forehead.When confronted about this by the manager,Gotam claimed that the symbol was a sign of good luck in Hinduism,and he had informed the management of his religious belief at the time of joining.The manager at Daffodil & Chrome fired him.Gotam can show a prima facie case by establishing that:
A) Daffodil & Chrome had previously fired employees for their religious beliefs and practices.
B) Daffodil & Chrome failed to offer a reasonable accommodation.
C) the practice of placing the symbol on his forehead is part of his religion, he had earlier informed Daffodil & Chrome about his religious conflict, and he was disciplined for not complying with the employment requirement.
D) he was never told by Daffodil & Chrome that the religious symbol he used was a hate symbol in the United States.
Q2) List five ways that an employer can avoid conflicts in the workplace based on religious beliefs.
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Chapter 12: Age Discrimination
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Q1) The ADEA requires employers to maintain information about employees,both temporary and regular,for a period of one year.This information includes all of the following except:
A) Job applications, resumes and similar documents
B) posted notices concerning employee birthdays, work anniversaries, and other celebratory events
C) notices relating to opportunities for overtime or training programs
D) results of physical exams considered in personnel actions
Q2) The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position.All of the following have been used to demonstrate that requirement except:
A) the employee was hired for the position.
B) the employee was never told that he or she did not meet the performance requirements
C) the employee has a series of positive performance reviews
D) the employee received some verbal criticism, but never received written notice that he or she did not meet the performance requirements for the job.
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Chapter 13: Disability Discrimination
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Q1) The term essential functions of a job,as used in the Americans with Disabilities Act (ADA),best refers to:
A) tasks so designated by an employer as ancillary to the achievement of the job's long-term goals.
B) tasks so designated by the Equal Employment Opportunity Commission (EEOC).
C) those tasks that are required to be performed in case of any emergencies.
D) those tasks that are fundamental, and not marginal or unnecessary, to fulfillment of the job's objectives.
Q2) If an individual claims associational disability under the ADA,he or she must demonstrate one of the following,except:
A) the employer believes that the disability will increase costs, for example in the health plan
B) the employer fears that other employees may contract the disability
C) the employer fears that the employee may contract the disability
D) the employee will be distracted by the disability, and may need additional time off work to care for the individual impacted, etc.
Q3) Does the duty of reasonable accommodation for any given disability require the same level of accommodation from every employer? Elaborate.
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Page 15
Chapter 14: The Employees Right to Privacy and Management of Personal Information
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Q1) There are three ways that an employee's rights can be protected: 1)by the U.S.Constitution or a state constitution; 2)by federal or state statutes; or 3)by common law.
A)True
B)False
Q2) Which of the following is an example of the tort of libel?
A) A manager asks an employee to provide his unlisted phone number.
B) A manager gives untrue, defamatory information about a former employee via e-mail.
C) A manager provides defamatory, but true, information about an employee to management on a conference call.
D) A manager searches an employee's desk without permission.
Q3) Employment-at-will means that the employee serves at the will of the employer.An employee hired under the doctrine of employment-at-will may not leave the position until discharged by the employer.
A)True
B)False
Q4) What steps can an employer take to ensure respect of employee information and privacy while also maintaining a balanced management of its workforce?
Page 16
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Chapter 15: Labor Law
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Q1) Elena has been involved in negotiations with the union representing her employees for over seven months.An agreement has not been reached on any issue although Elena has made concessions from her original position.She is unwilling to make further concessions.If no agreement is reached within a reasonable amount of time:
A) Elena will be liable for having committed an unfair labor practice because the law expects her to make maximum concessions before giving up on the agreement.
B) the Norris-LaGuardia Act permits the union to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.
C) Elena will not be liable for having committed an unfair labor practice because the law does not require that an agreement be reached, only that the parties bargain in good faith.
D) the National Labor Relations Act permits the National Labor Relations Board to impose terms and conditions substantially similar to those enjoyed by similarly situated workers.
Q2) Describe the purpose and the basic provisions of the Landrum-Griffin Act of 1959.
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Chapter 16: Selected Employment Benefits and Protections
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Q1) Faye is a recent law graduate employed as an associate attorney at The Firm,a law firm with close to 200 employees.Faye is paid $98,000 per year.Like most associates,she regularly works 60 or more hours a week.She thinks she should be provided overtime compensation for all of the extra hours of work she puts in per week.Which of the following is most likely to be true in this case?
A) Faye will be eligible for overtime compensation under the Fair Labor Standards Act regulations because she makes less than $100,000.
B) Faye will not be eligible for overtime pay because as a professional, she is exempt from the overtime provisions of the Fair Labor Standards Act.
C) Faye will be eligible for overtime pay under the Fair Labor Standards Act because any firm with more than 150 employees is required to pay all of its employees for overtime.
D) Faye will not be eligible for overtime pay if it can be shown that she pays less than $25,000 toward income tax.
Q2) Explain the general provisions of the Family and Medical Leave Act (FMLA).
Q3) Briefly describe the difference between the two types of pension or retirement plans that the Employee Retirement Income Security Act (ERISA)covers.
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