Management of Human ResourcesSpring 2009

Professor Isler

Assignment 1

Directions: There are three tasks in assignment 1. Read the questions carefully and answer only what is asked. No points will be awarded for extraneous discussion. Please also note the following:

1. This assignment may not exceed three pages;

2. The assignment must be typed;

3. The assignment is due at the start of class on Wednesday, February 25, 2009;

4. The assignment may not be e-mailed to me or the TA;

5. The assignment is worth 2.5 points;

6. Do not include the question;

7. Place only your Student ID number on the assignment; and

6. This assignment may not exceed three pages, the assignment must be typed, the assignment is due at the start of class on Wednesday, February 25, 2009, the assignment may not be e-mailed to me or the TA, and the assignment is worth 2.5 points, do not include the question and place only your student identification number on your answer.

Task 1

Case Study Assignment 4-2Americans with Disabilities Act in your text

Answer the following questions with respect to theAmericans with Disabilities Act (ADA):

Question 1: What is reasonable accommodation?

Question 2: What employers are covered by the ADA, and when is the coverage effective?
Question 3: What are the 10 steps to compliance?
Question 4: What is the ruling of the Supreme Court in the case of Barnes v. Gorman?

Task 2

Read Case 4.1 Glacier Valley Bank ion your text and answer the following questions:

  1. What is the basic management philosophy of Glacier Valley Bank?
  2. Is the president of the bank a Theory X or Theory Y manager? Explain your answer.
  3. What are the implications of the bank’s philosophy for the human resources department?
  4. What is the organization climate of the bank?

Task 3 – Answer the following Employment & Labor Law Questions

  1. Carol, a waitress at Diners Coffee Shop, notices that the kitchen staff is not wearing protective gloves while preparing food, a violation of state law. Carol reports this to her manager, but no steps are taken. Carol then tells Ethel, who works for Free Press, a local newspaper. Free Press runs a story on the violations. Business at Diners drops 65 percent. Can Diners fire Carol for these actions?
  1. Aurora Power Company is subject to mandatory workers' compensation laws in the states in which it does business. Beth and Doug work for Aurora as part of crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Beth is injured in an accident that is entirely Doug's fault. Beth files a claim for workers' compensation. Should the claim be granted? What would be Aurora's best defense against it?

Answers

Task 1

Question 1: This web site provides questions and answers about ADA. What is reasonable accomodation?
Answer: A reasonable accommodation is any reasonable change in the work environment or in the was things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
Question 2: What employers are covered by the ADA, and when is the coverage effective?
Answer: The Title I employment provisions apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees are covered as of July 26, 1992. Employers with 15 or more employees will be covered two years later, beginning July 26, 1994.
Question 3: What are the 10 steps to compliance?
Answer: No. The ADA does not require employers to develop or maintain job descriptions. However, a written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors. If an employer uses job descriptions, they should be reviewed to make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it customarily is performed. A reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that is different from the way an employee who is not disabled may accomplish the same function.
Question 4: What are the four documents listed under "ADA LEGAL DOCUMENTS" that are available for downloading?
Answer:

  1. Public Law 101-336
  2. ADA Regulation for Title II, as printed in the Federal Register (7/26/91)
  3. ADA Regulation for Title III, as printed in the Code of Federal Regulations (7/1/94)
  4. Title II & III Regulation Amendment Regarding Detectable Warnings, as printed in the Federal Register (11/23/98)

Question 5: What are the documents listed under "GENERAL ADA PUBLICATIONS AND INFORMATION" that are available for downloading?
Answer:

  1. ADA Questions and Answers
  2. ADA Information Services
  3. Enforcing the ADA: A Status Report from the Department of Justice
  4. Enforcing the ADA: Looking Back on a Decade of Progress
  5. A Guide for People with Disabilities Seeking Employment
  6. Learn About the ADA in Your Local Library
  7. Myths and Facts
  8. ADA Mediation Program

Question 6: What is the ruling of the Supreme Court in the case of Barnes v. Gorman?
Answer: The Supreme Court ruled that, although suits for compensatory damages against municipalities are permitted under the ADA, Title II does not authorize suits against municipalities for punitive damages.

Task 3

Question 1

Generally, no. Most states and the federal government protect employees such as Carol who "blow the whistle" on the wrongdoing of their employers through whistleblowing statutes. In some instances, these statutes encourage whistleblowing by offering a monetary reward if the employee's charges lead to a successful government lawsuit.

Question 2

Beth's claim should probably be granted. Aurora's best defense in this situation, as in all workers' compensation cases, is that Beth's injury did not arise out of and in the course of employment. That defense would not likely be successful here, however. Under workers' compensation laws, employers are strictly liable without regard to whether or not they are at fault. Even if the employer is not negligent, he or she is liable if an employee's injury arose out of and in the course of employment. "Liability" in this context means that an injured employee is entitled to workers' compensation benefits for his or her injury. An injury must be work-related, arising out of activity that is normal for the kind of job involved. "In the course of employment" means that the employee was either at work or performing work at a different location. That a co-worker caused an injury to an employee does not block the employee's recovery of workers' compensation benefits. Also, although an employee is not covered while driving to work from home, the employee is covered while performing a work-related service at an off-site location.