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Module 3 - Case

EMPLOYEE RIGHTS/SAFETY

Assignment Overview

(Signature Assignment: Critical Thinking, Introduced Level)

Compliance and the HR Functions

Before starting this assignment, be sure that you are familiar with what is meant by “critical thinking.”

Critical thinking is one of the five key rubric criteria by which your assignments are graded. Therefore, you are expected to demonstrate evidence of critical thinking in all assignments. For an overview of critical thinking, first read the Kurland article and then review the chart and watch the video:

What is Critical Thinking? (2012) Retrieved from https://www.youtube.com/watch?v=9oAf3g5_138

Foundation for Critical Thinking (2015). Our Concept and Definition of Critical Thinking. Retrieved from http://www.criticalthinking.org/pages/our-concept-of-critical-thinking/411

Kurland, D. (2000). What is critical thinking? Critical Reading. Retrieved from http://www.criticalreading.com/critical_thinking.htm

Educational Technology and Mobile Learning. (2014) A must-have chart featuring critical thinking skills. Retrieved from http://www.educatorstechnology.com/2013/05/a-must-have-chart-featuring-critical.html

For this assignment, review the following:

HR Hero. (2017). Employment at Will. Retrieved from http://topics.hrhero.com/employment-at-will-and-employment-law/

HR Hero. (2017). USERRA (The Uniformed Services Employment and Reemployment Rights Act). http://topics.hrhero.com/userra-uniformed-services-employment-and-reemployment-rights-act/

U.S. Department of Agriculture (n.d.) IRCA Antidiscrimination Provisions. Retrieved from http://www.thecre.com/fedlaw/legal19/ircadisc.htm.

Case Assignment

You will explore the topics below and how they impact the private sector (not the public sector) workplace:

· Employment at Will Doctrine

· Immigration Reform and Control Act (IRCA)

· USERRA

Address the following in a 4- to 5-page paper (not counting the cover page, references page and Appendix), supporting your arguments with citations to sources from the course and your research. Use at least five Trident Online Library sources, plus any applicable background readings to support your discussion.

1. Provide a half-page summary of Employment at Will Doctrine, IRCA, and USERRA. Include these summaries together in one Appendix at the end of your paper.

2. Discuss how major Human Resource Management functions are impacted as you discuss the following:

· Examine employment at will and its exceptions. Explain the exception that has had the greatest impact on the private sector workplace.

· Discuss the one most important change you see is needed to the IRCA and explain your reasoning.

· Review USERRA and detail its positive and negative impacts on the private sector workplace.

Upload your paper by the module due date.

Module 3 - SLP

EMPLOYEE RIGHTS/SAFETY

Before starting this assignment be sure you are familiar with the following laws and their amendments:

Katz, H. C., Kochan, T. A., & Colvin, A. J. S. (2017).Employment law. An introduction to U. S. collective bargaining and labor relations. Ithaca: Cornell University Press, pg. 71-79. Retrieved from Skillsoft Books in the Trident Online Library.

U.S. Department of Labor. Wage and Hour Division (WHD) (n.d.) The Family and Medical Leave Act (FMLA) Retrieved at https://www.dol.gov/whd/regs/compliance/1421.htm

U.S. Equal Employment Opportunity Commission. Pregnancy Discrimination. Retrieved at https://www.eeoc.gov/laws/types/pregnancy.cfm

U.S. Department of Labor. (n.d.) Americans with Disabilities Act. Retrieved at https://www.dol.gov/general/topic/disability/ada

U.S. Department of Labor Occupational Safety and Health Administration, About OSHA. Retrieved from https://www.osha.gov/about.html.

Prepare a 2- to 3-page paper (not counting the cover and reference pages) discussing how the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act, safety laws, or other state laws might apply to the following scenario.

One of your old college roommates, Sandra, is a nurse who took a job that required her to lift 65 pounds smoothly. She was told the job had this physical strength requirement for patient safety and to ensure that teams of nurses could move patients as needed. Sandra worked for a nursing home chain that employed 900 employees.

Sandra had become pregnant and on her doctor’s advice tried to refrain from lifting 65 pounds. After she kept finding herself in situations at work that required her to do this kind of lifting, she decided to just stay home until the baby was born.

After the baby was born, Sandra went back to work, but her baby developed a medical condition that required her to see doctors frequently. Sandra didn’t have anyone else who could be a “dedicated” caregiver for her baby, so she took leave from work to tend to her child.

When Sandra's leave was about to expire, she asked her doctor to write a note in support of extending her leave. The note wasn’t clear and suggested that the doctor thought it would be nice, but not necessary, for mother and child to be together.

Sandra’s manager told her that the nursing home wouldn’t be able to keep her job open for her any longer. However, he told her she should apply to the company again as a new-hire when she was ready to get back to work.

Your paper should address the following:

1. Discern and discuss which laws may protect Sandra based on the given facts.

2. Identify specific impediments that might inhibit Sandra from availing herself of these protections.

3. Explain if Sandra's employer might have opened itself to legal liabilities and if so why.

Use at least three Trident Online Library sources plus any applicable background readings to support your discussion. Submit your paper by the module due date.

Module 3

Required Reading

Foundation for Critical Thinking. (2015). Our concept and definition of critical thinking. Retrieved from http://www.criticalthinking.org/pages/our-concept-of-critical-thinking/411. This reading will give you a background for the signature Case Assignment.

Kurland, D. (2000). What is critical thinking? Critical reading. Retrieved from http://www.criticalreading.com/critical_thinking.htm . This is a brief overview.

Other Assignment Topics:

Guerin, L. (n.d.). Employment at will: What does it mean? Retrieved from Nolo at http://www.nolo.com/legal-encyclopedia/employment-at-will-definition-30022.html

HR Hero. (2017). Employment at will. Retrieved from http://topics.hrhero.com/employment-at-will-and-employment-law/. This is a brief overview.

HR Hero. (2017). USERRA (The Uniformed Services Employment and Reemployment Rights Act). Retrieved from http://topics.hrhero.com/userra-uniformed-services-employment-and-reemployment-rights-act/. This is a brief overview.

Katz, H., Kochan, T., & Colvin, A. (2017). Employment law. An Introduction to U.S. collective bargaining and labor relations. Ithaca: Cornell University Press, pg. 71-79. Retrieved from Skillsoft Books in the Trident Online Library.

Muhl, C. (January 2001). The employment-at-will doctrine: Three major exceptions. Monthly Labor Review, 124(1), 3-11. Retrieved from ProQuest in the Trident Online Library.

U.S. Department of Agriculture (n.d.) IRCA Antidiscrimination Provisions. Retrieved from http://www.thecre.com/fedlaw/legal19/ircadisc.htm.

U.S. Department of Labor. (n.d.) Americans with Disabilities Act. Retrieved from https://www.dol.gov/general/topic/disability/ada

U.S. Department of Labor. Wage and Hour Division (WHD) (n.d.) The Family and Medical Leave Act (FMLA) Retrieved from https://www.dol.gov/whd/regs/compliance/1421.htm

U.S. Equal Employment Opportunity Commission. Pregnancy discrimination. Retrieved from https://www.eeoc.gov/laws/types/pregnancy.cfm

U.S. Department of Labor Employment and Training Administration. Worker Adjustment and Retraining Notification Act. Retrieved from https://www.doleta.gov/layoff/warn.cfm

U.S. Department of Labor Occupational Safety and Health Administration, About OSHA. Retrieved from https://www.osha.gov/about.html.

Optional Reading

Refer back to some of the useful overview websites from earlier modules if you need to review.

Boundless (n.d.) Core functions of human resource management. Retrieved from https://courses.lumenlearning.com/boundless-management/chapter/core-functions-of-human-resource-management/. CC BY-SA: Attribution-ShareAlike.

U.S. Equal Employment Opportunity Commission. (n.d.) Genetic information discrimination. Retrieved from https://www.eeoc.gov/laws/types/genetic.cfm