Employment law and torts Discussion

Introduction This week focuses on study of employment laws and how those laws relate to business. Employment law and torts related to employment are both substantive areas of law that are relevant to business persons and to the legal environment of business. Students will apply their knowledge of torts – specifically negligence – to the question of negligent hiring in business. Students will study laws that prohibit illegal discrimination, and they will consider common forms of discrimination that are not prohibited by law. Students also will apply their knowledge of anti-discrimination laws to develop a hiring notice and interview questions that conform to the law. Students will consider the underlying reasons for laws that prohibit certain types of discrimination, and they will consider whether those prohibitions should be extended to other personal characteristics that are not currently protected from discrimination. By the end of Week Five, students should understand the difference between prohibited discrimination, discrimination that is not prohibited, and the need for employers to conform to lawful practices and to conduct themselves as reasonably prudent employers in order to avoid liability exposure. ____________________________
Required Resources Required Text 1. Please read the following chapters in: Business Law for Managers: a. Chapter 21: Establishing the Employment Relationship b. Chapter 22: Introduction to Antidiscrimination Law c. Chapter 23: Discrimination on the Basis of Race d. Chapter 24: Discrimination on the Basis of Sex e. Chapter 25: Sexual Harassment f. Chapter 26: Other Types of Discrimination

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Discussions

Employer Liability for Negligent Hiring Read Malorney v. B&L Motor Freight, Inc. in Section 21.2 of your textbook. Discuss what duty or duties a business has with regard to checking the background of potential employees before hiring. Do you agree that businesses should be liable for injuries resulting from negligent hiring? Why or why not? Guided Response: Respond to at least two of your fellow students’ postings in a substantive manner. Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events. (150 WORDS) Employment law and torts Discussion

Discrimination Not all discrimination is prohibited by law. For example, employers routinely discriminate between potential employees based upon education or experience. Other types of discrimination are more subtle, but still legal. For example, some employers discriminate between potential employees based upon personal characteristics such as weight or attractiveness. Should employers be permitted to discriminate based upon attractiveness? Take a side and argue that an employer should or should not be permitted by law to discriminate against persons who are not attractive. Guided Response: Respond to at least two of your fellow students’ postings in a substantive manner. Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events. (150 WORDS

To complete the following assignment, go to this week’s Assignment link in the left navigation. Anti-discrimination Laws Related to Employment Your supervisor has placed you in charge of hiring a new, full-time administrative assistant for your department. 1. Prepare an advertisement for that position that complies with federal law. This advertisement must be detailed. The minimum length of your job description must be 300 words (approximately three-fourths of a page). You can make up the job details but must include the following: a. A job description. b. A description of the job duties. c. A description of the minimum qualifications. 2. Prepare 10 illegal questions that must not be asked. For each question, be sure to justify your reasoning. 3. Prepare 10 legal questions that may be asked during the interview. For each question, be sure to justify each question. Submit your three- to five-page paper (not including the title and reference pages). Your paper must be formatted to APA style as outlined in the approved APA style guide and must cite at least three scholarly sources in addition to the textbook

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