HRMN 408: Here is a list of potential essay questions from which I will select those to be used on the final in-class exercise (exam) to be administered on Thursday, 28 July 2016. No notes or open resources may be used during this exercise.

1)  During interviews, inquiries can only be made to gather information about the candidate’s eligibility using job-related questions to gather information about bona fide occupational qualifications. Briefly describe your current (or past) job and create three legal interview questions that should be asked during an interview for your current (or past) job. Why is the question essential when considering a candidate for your position? There are several types of inquiries that are prohibited by both state and Federal laws. Discuss three subjects that are prohibited by law and how interviewers could make valid inquiries about prohibited subjects. (Offer an example with each.)

2)  Distinguish between national origin and/or citizenship with ethnicity and/or race. Offer two examples (hypothetical or real) of discrimination and the specific evidence that could be used; one where an employee could file (and win) a case for national origin and/or citizenship and one for ethnicity and/or race. 

3)  How are the Equal Pay Act (EPA) and Title VII of the Civil Rights Act different and how these differences might affect an employee who is seeking relief against wage discrimination based on gender?  How does providing evidence when filing a claim based on ‘comparable worth’ differ from gender discrimination under the Equal Pay Act?

4)  Considering your current (or past) job and position, discuss the process when performing ‘reasonable’ background checks that would preclude the organization from incurring any liability. Discuss 4 background criteria that should be investigated and three background areas that could incur a liability for the organization.  Why would an organization want to know about an aspect of a candidate’s background that it is precluded from investigating? 

5)  The law relating to affinity (sexual) orientation and gender identity is evolving and somewhat complex due in part to its exclusion from Title VII protection. What steps should a manager take to ensure that his company avoids potential claims for discrimination based on affinity orientation in light of the laws that do protect homosexuals from discrimination? Describe the avenues of legal protection available to gay and lesbian individuals against employment discrimination on the basis of their affinity orientation.

6)  Title VII requires employers to reasonably accommodate an employee’s religion and religious practices to the extent that accommodation doesn’t cause undue hardship. Discuss any three factors that will be considered by the Courts and EEOC in determining whether the employer’s effort to accommodate the employee’s religion is successful. List and discuss any two factors considered by the EEOC in determining whether the employer would suffer an “undue hardship.” Your discussion should include examples.

7)  The Family and Medical Leave Act (FLA) is mandatory time-off in all states. Discuss three criteria used to determine eligibility and three ‘types of coverage’ that could require YOU to take FMLA leave. What three specific facts about FMLA did you learn in this class?

8)  Regarding employee privacy, contrast the legal perspective, the employer perspective, and the employee perspective and how the three c/should be reconciled for a solution that satisfies all sides. What are the moral and ethical aspects of the employee privacy that could change any of the perspectives? 

9)  Should workplace violence occur, the organization could incur a liability under Occupational Safety and Health Administration (OSHA) directives. Discuss the 4 types of workplace violence (  ) and what the National Institute for Occupational Safety and Health (NIOSH) states can cause the organization to incur a liability and the recommendations to reduce workplace violence.

10)  Labor Law is a subset of employment law dealing with labor relations having unions and a collective bargaining agreement. Discuss the three major legislative acts that have shaped modern labor relations (Week 1 learning resources). How did the three acts attempt to balance ‘power’ between management and the union members?  Would YOU opt for union representation for your position at your current (or past) organization? Why or why not? Include the specific benefits (or lack thereof) of union representation to justify your answer.

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