Employment Law and Rule of Law Provide the rule of law raised by the issue in each question, apply t

Employment Law and Rule of Law

Provide the rule of law raised by the issue in each
question, apply the elements of the law to the facts in the scenario, and
conclude with an answer to the question asked Answer the questions with
responses of at least 250 words

Scenario 1

Patricia began working for Encyclopedia Britannica as a
part-times sales representative in 1986 Her position required selling
Encyclopedia Britannica’s educational products Until 1999, she worked as a
part-times sales representative and then a district manager for Encyclopedia
Britannica In 1999, Encyclopedia Britannica decided to separate the parent
division from the school and library division and reorganize its sales force by
“outsourcing:” contracting with individual “regional
directors” who would in turn contract with individual sales
representatives The same people who had worked for Encyclopedia Britannica
under the previous arrangement filled many of the positions under the new
structure, in which branch managers became separately incorporated regional
directors and district managers while sales representatives took positions with
the newly formed companies

Patricia signed a contract with Sam, a former Encyclopedia
Britannica branch manager who had formed her own corporation and gathered a
sales force comprised largely of former Encyclopedia Britannica sales
representatives Patricia eventually became a territory coordinator, a position
slightly above sales representative but still reporting to Sam In 2001,
Patricia was told that she was losing her territory and would no longer be
selling Encyclopedia Britannica products Patricia sued Encyclopedia
Britannica, claiming that the loss of her territory was effectively a
termination Was her suit successful, ie, was Patricia an employee or an
independent contractor? Why?

Scenario 2

At the end of all her written communications, an employee
writes, “have a blessed day” One of employer’s most important clients
requests that employee not do so, and employer asks employee to stop Employee
refuses, saying it is a part of her religion If employee sues the employer for
religious discrimination, then is she likely to win? Why or why not?

Scenario 3

Answer two of the following questions:

a Can race or gender be the only factor in an employment
decision?

b If race or gender can be the only factor in an employment
decision, how long can it be a factor?

c What is the difference between an affirmative action goal
and a quota, or is there one?

d What is the proper comparison to determine if there is an
underrepresentation of women or minorities in the workplace?

Scenario 4

During the interview Jean had with Marcus Accounting Firm,
Jean was asked whether she had any children, whether she planned to have any
more children, to what church she belonged and what her husband did for a
living Are these questions illegal? Why or why not?

Scenario 5

David comes into the office and says to Sue: “Good
morning! You look great today! Oops, I’d better not say that That’s sexual
harassment” Is David correct? Explain