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Instructions:

Reflect on what you have learned about effective communications. As you have learned, the interview provides you an opportunity to demonstrate your ability to communicate verbally. As you are learning in this unit, the Thank You letter you send after your interview is a written communication designed to close the sale and get you a job offer.

With this in mind, discuss the following:

• Verbal communication skills
  • What are 2 barriers you experience when you are trying to engage in effective verbal communication?
  • How can you overcome each of the barriers you identified? (For each barrier describe two (2) approaches you could use to overcome them)
• Written communication skills
  • What are 2 barriers you experience when you are trying to engage in effective written communication?
  • How can you overcome each of the barriers you identified? (For each barrier describe two (2) approaches you could use to overcome them)
• Discuss how you can use these approaches in your:
  • Interviews
  • Cover and thank you letters

Please be sure to validate your opinions and ideas with citations and references in APA format.

reply to the students’ response and not the question  in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name 

question-

Read the hypothetical below. What are John’s potential claims if he is terminated this week?

John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week.

Instructions: Please write in essay format.  Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).

Students response

John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week.

This case obviously involves the ADA, Americans with Disabilities Act of 1990, of which Title I specifically protects employees and those seeking employment, all of which is enforced by the EEOC, the Equal Employment Opportunity Commission.  Along with the well know ADA there are other laws and acts that prohibit discrimination of those with disabilities such as the Rehabilitation Act of 1973 section 501 which specifically addresses employment.

If the employee can prove that their illness has risen to the level of a disability they could involve their employer in a potential discrimination suit.

The FMLA, or Family and Medical Leave Act allows for up to 12 weeks leave if the employee works for a covered company and has a serious medical condition that precludes them from performing the essential functions of their job.

Similar to Bragdon vs. Abbott in which it was declared HIV could be considered a disability, so could a chronic illness such as diabetes when considering the extent to which it affects the employee.

 This scenario sounds like it could have easily been caused by a lack of education.  A very focused training would need to take place targeting management to educate them on the laws that protect workers, specifically employees with illness or disability.  It would also be prudent to have a more generalized training for all employees, but possibly timed appropriately so as not to draw attention to the situation and cause any undue uncomfort to the affected employee.

Read the article Conducting Thorough Job Analyses and Drafting Lawful Job Descriptions attached below. 

Identify the purpose of job analysis (why it is done) and the steps an employer uses to draft a legally defensible job description (how they are done).

Then discuss the legal importance of a well-defined job description, including at least one citation and reference in your initial post and respond to at least two of your classmates’ posts.

reply to the students’ response and not the question  in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name 

question-

Read the following hypothetical. Using your issue-spotting skills, analyze the potential exposure to liability of the Accounting Firm based on the actions of the Partnership Review Committee.

Anne is an accountant at a large Accounting Firm. She applied for Partner, but was denied. In their report, the all-male Partnership Review Committee stated that Anne would have a better chance at making Partner if she wore makeup, jewelry, and acted more femininely. Over the past 10 years with the Firm, Anne has received excellent performance evaluations and recently secured a $10M client for the Firm.

Instructions: Please write in essay format.  Include the guidance below in your analysis:

a) Set forth the federal statute and/or theories of law that are applicable.

b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.

c) Apply the facts of the case to the elements of the law/theories of law.

d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.

e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).

Students response

 When presented with the information regarding Anne and how she was treated by the male partners brings up a couple red flags on gender discrimination and gender stereotyping. “Title VII and state fair-employment-practice laws regarding gender cover the full scope of the employment relationship. Unless it is a BFOQ, gender may not be the basis of any decision related to employment” (Bennett-Alexander, 2019). Title VII is very clear that employee hiring, firing and promotion can have nothing to do with gender. When Anne was given her reasoning for not being moved to partner their reasons all had to do with not being female enough which has nothing do do with her job productivity. There is even mention of a $10M client she brought to the firm which shows just how successful she is. These gender based requirements from the partners are undoubtedly coming from ingrained gender stereotypes. ” Workplace decisions based on stereotypes are prohibited by Title VII” (Bennett-Alexander, 2019). The stereotypes clearly listed by the male partners; wearing makeup, jewelry and acting more femininely are all examples of how people feel women should act but again, have little to do with their job performance. There is a case that almost exactly parallels the example provided. The case of Price Waterhouse v. Hopkins 490 U.S. 228 (1989) examines the allegations that gender stereotyping was the reason that a woman was not promoted to partner even though she displayed a high work ethic and was qualified for the promotion. Ann Hopkins was told she was too aggressive and unduly harsh, both traits many male law professional posses. In both of these cases it seems to be that either the male partners have no regard or respect for a women who is at an equal level of competence as them or that they honestly believe it is acceptable to stereotype people this way. Either way there must be reform in the workplace. I would suggest company wide training focusing on gender discrimination, gender stereotyping and the legality of both in regards to Title VII. After the training there will be no excuse for not knowing that you must treat every member of the firm the same in regard to gender for hiring, firing, training and promoting.  

Activity 2: Porter’s Industry Analysis (100 points)

For this activity, you must analyze General Electric (GE) using Porter’s approach to industry analysis. Obtain annual reports and financial reports from public sources as well as trade, business, and journal articles for information. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style.  (A 4-page response is required.)

Part A 

Describe GE, what the company stands for (its slogan), what makes it unique, the direction of its market, its products, and the ways in which the company’s products and strategy are integrated. Include a bibliography of at least six (6) trade or journal sources that you use for your description and the analysis which follows. 

Part B 

Discuss Porter’s approach to industry analysis in relationship to GE using all six (6) forces.

Part C  

Provide one (1) suggestion for each of the following as it relates to the future of GE: what to watch closely (threats and weaknesses), what to assess for change (opportunities), and what to maintain and build upon (strengths). Then make one (1) recommendation for GE’s next strategic move. 

Assume you are on a search committee to replace the project manager for the failing complex project we have been discussing. One of the problems with the project manager was a lack of leadership. Recommend a leadership style (charismatic, transformational, coalitional, or Machiavellian) you would recommend, and why. 

 For companies that have a mission of selling, a major objective is to motivate the salespeople. While many factors go into motivating these people, one of the primary factors is the compensation plan that describes how they will be rewarded. Research a large organization’s sales force and its compensation plan. Write a five- to seven-page paper in which you: 

1. In order to motivate the sales force to produce the highest number of clients, describe six features of an effective total rewards program. 

2. Describe the behaviors of the sales force that are targeted with the compensation plan. 

3. Assess how a value proposition is achieved for current and future employees in the plan you have outlined. 

4. Based upon the type of plan you have created, indicate how attracted you think future salespeople may be to this plan. 

5. Use at least five quality academic resources in this assignment. Note: Wikipedia and other websites do not quality as academic resources 

Al Samail Trading & Contracting is in the business of selling ceramic tiles and bathroom fittings in the Al Batinah area. It has been facing high attrition in its sales department as the civil construction sector is doing very well and there is a demand for experienced sales staff with proven track record in the local market. Recently company lost its Asst Manager to a competitor and was forced to make an attractive offer to Mohammed Al Amri who has been a top performer at Al Nasr Ceramic Tiles. How-ever, the compensation offered to Mohammed is 20% higher (otherwise, Mohammed would not take the offer) than Imad Al Balushi- Manager Sales who looks after Dhofar region. Imad has been with the company for last 7 years and has been a good performer.

Based on the above case-let, answer the following:

1. a)  Discuss the HR problem faced by Al Samail Trading & Contracting? (10 marks)
2. b)  Elaborate on any 2 causes of the HR problem identified by you? (10 marks)
3. c)  Discuss 2 solutions you would suggest to avoid the situation. (10 marks)

 see details 

1)  Sally’s supervisor announces one day that he cannot stand all of the “menopausal” women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.

2)  Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

3)  Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.

4)  Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.

Question 34 (5 points)

Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and weighs 110 pounds. Laura is denied the position because she does not meet the height and weight requirements. The fire department’s height and weight requirements are:

Question 34 options:

1)  not discriminatory because firefighters have mostly been tall.

2)  discriminatory if it can be shown that height and weight requirements are a business necessity. (Incorrect)

3)  not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters.

4)  discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.

Question 35 (5 points)

Mr. Tompkins of Lawlor& Tompkins Law Firm was conducting an interview for a junior associate attorney. He asked Macy, an applicant, if she was married and when she intended, if ever, to have children. His second interview was with Scott. He did not ask Scott either of these questions. Which of the following is true in this situation?

Question 35 options:

1)  Macy has a claim for gender discrimination as it is illegal to ask questions in a job interview that are only asked of one gender.

2)  Macy does not have a claim for gender discrimination because she was not yet employed by the law firm.

3)  Macy has a claim for gender discrimination only if she in unmarried.

4)  Macy does not have a claim for gender discrimination because of the bona fide occupational qualification defense available to employers.

Question 36 (5 points)

Employers must promptly consider an employee’s request for accommodation. Factors the courts look to in determining whether the employer has been timely include all of the following except:

Question 36 options:

1)  what the employee did during the delay, i.e., how well did the employee function during the period of the delay

2)  whether the accommodation requested was simple, or more complex

3)  length of the delay

4)  whether the employee contributed to the delay

Question 37 (5 points)

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee’s rights to file a claim under the ADEA be “knowing and voluntary”. To be considered “knowing and voluntary”, the waiver must satisfy each of the following requirements except:

Question 37 options:

1)  in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

2)  the waiver must specifically refer to ADEA rights or claims.

3)  the waiver must be signed in the presence of two independent witnesses and a notary public.

4)  the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.

Question 38 (5 points)

Which type of workplace injury must be reported to OSHA within eight (8) hours of occurrence?

Question 38 options:

1)  An injury requiring immediate transport to a hospital

2)  An injury requiring an employee to change jobs

3)  A workplace fatality

4)  An injury requiring any sort of medical treatment

Question 39 (5 points)

Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the “harassers”)?

Question 39 options:

1)  Coworkers

2)  Clients or customers

3)  Supervisors or managers

4)  All of the above

Question 40 (5 points)

In the context of unwelcome sexual activity, if the activity started out being consensual and one employee calls a halt to it and the other continues:

Question 40 options:

1)  it cannot be termed sexual harassment as it was once consensual in nature.

2)  it is sexual harassment only if the harassee is a female employee.

3)  it can become sexual harassment at the time the activity is no longer consensual.

4)  it is sexual harassment as the law strives to totally devoid workplaces of sexuality.

Question 41 (5 points)

Charles, aged 63, was a manager at the Exotic Wood Corp. His supervisor, Dee, frequently made derogatory age-related comments about Charles to other workers. Dee encouraged Charles’ co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity. Charles filed a complaint under the Age Discrimination in Employment Act against Dee. In this case, Charles can make a prima facie case for ________.

Question 41 options:

1)  hostile environment

2)  Disparate impact discrimination (Incorrect)

3)  quid pro quo

4)  reverse discrimination

Question 42 (5 points)

Which of the following groups of employees are NOT covered by the FLSA?

Question 42 options:

1)  Federal, state and local government employees

2)  Employees of a small business (generating $250,000 per year) producing goods for interstate commerce

3)  Full-time and part-time employees of a business involved in interstate commerce

4)  Employees of a hospital making less than $500,000

Question 43 (5 points)

The three possibilities for a disability determination under the ADA include all of the following except:

Question 43 options:

1)  a record of a physical or mental impairment that substantially limited a major life activity

2)  when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor

3)  a physical or mental impairment that substantially limits one or more of the major life activities of an individual

4)  a physical or mental impairment that is not known to an individual’s physician and rarely impacts that individual’s work or family life

Question 44 (5 points)

Shayna, a Jewish woman, applied for a baker’s job with the Golden Crust Bakery. After she was hired, Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night. The manager replied that she was the only Jewish baker, and all of the other bakers work on Friday night. He also added that she would be fired if she refused to comply with company policies. Which of the following is most likely to be true in this case?

Question 44 options:

1)  Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.

2)  Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.

3)  Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably accommodate her religious practice.

4)  Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.

Question 45 (5 points)

The requirements for hostile work environment sexual harassment include all of the following except:

Question 45 options:

1)  the employee does not like the project they were just assigned.

2)  the harassment is based on gender.

3)  the harassment is not welcomed by the employee.

4)  the employer has knowledge of the harassment but took no action.

Question 46 (5 points)

How will the Employment Nondiscrimination Act (ENDA) affect Title VII of the Civil Rights Act of 1964 if enacted?

Question 46 options:

1)  It will provide employers with greater flexibility in making workplace policies and decisions related to LGBT employees.

2)  It will omit same-gender sexual harassment from Title VII’s protection.

3)  It will make gender reassignment surgery illegal under Title VII.

4)  It will extend Title VII’s coverage to include discrimination on the basis of sexual orientation and gender identity.

Question 47 (5 points)

Roger is a customer service representative at FlyAway Airlines. He confided in one of his co-workers that he tested positive for HIV, but the co-worker spread the news around the office. Soon, several of Roger’s co-workers ostracized him and refused to work with him. He was also constantly subjected to verbal abuse by his co-workers. Roger reported these incidents to his supervisor, and his supervisor fired him. Which of the following holds true in this case?

Question 47 options:

1)  Roger has a claim for hostile work environment harassment under the Americans with Disabilities Act because he did not request any accommodations from his employer.

2)  Roger does not have a claim for hostile work environment harassment under the Americans with Disabilities Act because the act does not cover employees working for private employers.

3)  Roger has a discrimination claim based on hostile work environment under the Americans with Disabilities Act because FlyAway took an adverse employment action by firing him.

4)  Roger does not have a discrimination claim based on hostile work environment under the Americans with Disabilities Act because his disability is not outwardly evident.

Question 48 (5 points)

A management security clause gives an employer the right to:

Question 48 options:

1)  require the union to represent all employees fairly and without discrimination based on union membership.

2)  run the business and make appropriate business decisions as long as management complies with applicable laws and agreements.

3)  require employees to sign an agreement stating that they do not belong to an union and will not join one.

4)  refuse to sign a written agreement to which the contracting parties orally agreed.

Question 49 (5 points)

Title VII (of the Civil Rights Act of 1964) requires employers to accommodate an employee’s religious practices and beliefs:

Question 49 options:

1)  to the extent that the religion is recognized by society.

2)  provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.

3)  provided the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.

4)  to the extent that it does not cause undue hardship.

Question 50 (5 points)

There is no federal legislation protecting LGBT employees from employment discrimination. However:

Question 50 options:

1)  Employers need to be aware that Title VII of the Civil Rights Act prohibits same-gender sexual harassment based on sexual orientation. (Incorrect)

2)  they cannot be prevented by employers from wearing clothing, jewelry, or makeup of their choice.

3)  employers need to be aware that state and local ordinances may prohibit job discrimination against homosexuals.

4)  they can use the bona fide occupational qualification defense to make a discrimination claim.

Question 51 (5 points)

The piece of legislation that established the right of employees to form unions, to bargain collectively, and to strike is the:

Question 51 options:

1)  Norris-LaGuardia Act

2)  National Labor Relations Act

3)  Landrum-Griffin Act

4)  Taft-Hartley Act

Question 52 (5 points)

Steven, an environmental enthusiast, volunteers to work as an intern at Green Trees, a non-profit organization dedicated to environmental protection. Green Trees hires Steven without any pay. Which of the following is most likely to be true in this case?

Question 52 options:

1)  Green Trees is required to guarantee Steven a job at the conclusion of his internship if he is not being paid during the internship period.

2)  Green Trees may not be required to pay Steven any overtime compensation, but it is required to pay him a minimum wage for his services.

3)  Green Trees violated the Fair Labor Standards Act because it is legally required to pay all hired employees.

4)  Green Trees did not violate the Fair Labor Standards Act because unpaid internships at non-profit charitable organizations are generally permissible.