You are the HR director at MadMen Consulting, which provides marketing consultin

Question

You are the HR director at MadMen Consulting, which provides marketing consulting services and employs 75 people. The VP of Human Resources has asked that you evaluate the following situations. Please provide in the format of a memorandum to the VP with captions labeling each issue and addressing the questions posed. (See template at end) Make sure you use the legal analysis provided in class:

1. Ron Rowdy is an administrative assistant whose job description includes delivering documents to customers on occasion. Ron is asked to deliver a document to Wanda Wealthy using the Porsche convertible owned by one of the partners. Ron decides to take a route to Wanda’s house that is 10 miles out of the way so that he can “show the car off” to his friends at the local golf course. 1 mile before the golf course, Ron gets into an accident and is injured. Ron has filed for workers compensation; the VP has asked you to evaluate Ron’s claim to determine whether MadMen should dispute the claim.

2.            Mad Men Consulting is owned by Don Dapper. Don is advertising for an ad executive who “can easily interact with successful CEO’s”.   Patty Penzance applies for the job as does Peter Pirate.   Both have appropriate marketing and advertising experience for the job, although Patty has her MBA and Peter does not. Don hires Peter, and documents the file noting that Peter “seems that he would be more comfortable working with CEO’s” and that he had “greater interpersonal skills” in his meeting with Don. Patty has sued MadMen under Title VII for discrimination; The VP has asked that you evaluate her case.

3. MadMen is considering a new policy that would require that all employees be fluent in English. The rationale for this new policy is that all employees are expected to communicate with clients who are all English speaking. MadMen’s staff includes consultants, file clerks, administrative assistants and IT staff. Several employees have objected to this proposal and the VP would like you to evaluate whether there are any problems under Title VII with the terms. Please include any additional information that you would need to have as part of your evaluation.

Assessment Rubric for Assignment 4-     20 points total

Identification of Legal Issues (Clarity) 5 points Is the legal issue correctly identified for each situation presented?

Analysis Explanation (Content) 5 points Does the memorandum use the correct analysis for each identified issue and thoroughly explain the analysis?

Application of Analysis to Facts (Evidence Evaluation) 5 points Does each analysis include all applicable facts?

Conclusion (Are conclusions appropriate based on evaluation) 3 points

Appropriate Use of Terminology 2 points

Explanation / Answer

Case#1

To;

The Vice President of Human Resources;

I wanted to write to you in regards to Ron Rowdy's medical compensation or mediclaim. We would still have to compensate Ron's claim wether we deem it to be a legitimate claim or not due to the following factors

1)Hiring liability also extends into workplace hazards

Liability in case of damage to health due to a direct cause of working in the employer's premises.

The Department of Labour has clearly outlined occupational health and safety guidelines, this was also backed by the Occupational Safety and Health Administration (OSHA). These two institutions clearly laid out regulations and laws that place the employer responsible for their worker's health and safety while in the work premises. Workers have right to information about all the health and safety hazards of working with the employer before, during and after joining the employer, the worker also has right to medical coverage and damage compensation in the event of a health or safety hazard.

2) Liability to pay for Employee Health Care Costs

The purpose of the federal Affordable Care Act (ACA) regulation also known by its nick name Obama Care,   was to cover low income families with health or medical insurance that is more comprehensive in nature and more inclusive in nature by covering an additional 20 - 21 million American Citizens to the government health care plan.The affordable care act also requirers employer's to make contribution towards the employee's health care costs.

In conclusion i'd like to state that although Ron was not taking the right route, the fact still remains that he was out on an office assignment and in the eyes of the law, we'd be under serious liability both from a financial and a legal standpoint. Which is why i would strongly suggest that we settle Ron Rowdy's medical claims.

Regards

Director Of Human Resources

Case#2

To;

The Vice President of Human Resources;

This memorandum is in regards to the Title VII discrimination lawsuit filed by Patty Penzance. I've evaluated her case both from a compliance or legal as well as an organisational ethics or policy standpoint and have come to the conclusion that Patty Penzance's lawsuit does not hold legal grounds nor is it backed by our organisational policy due to the following factors.

BFOQ or bona fide occupational qualification (BFOQ) are basically the minimum requirements that need to be taken into account while hiring employees for an organisation or a business firm. The reason why BFOQ or bona fide occupational qualification (BFOQ) were established was to prevent the abuse of EEO.

EEO stands for equal employment opportunity where companies need to ensure and aim for zero discrimination, nepotism, favouritism during their recruiting process and cannot discriminate based on gender, race, sex, caste, creed, ethnicity, physical ability (unless its a core competency of a job).

A few example of BFOQ's

- Background Checks

- How the candidate marks up against other candidates

- Wether the candidate meets the age, educational qualifications, job experience standards that are required by the firm.

- KSA's stand for Knowledge ,Skills and Abilities. They're performance metrics designed to measure performance of a candidate in a qualitative and a quantitative manner

In this case its clear the the KSA's required interpersonal skills more than academic qualifications. Weightage is an important factor when it comes to the selection processes and our organisation was right to hire Peter Pirate since he meets the job requirements .

Regards

Director Of Human Resources

Case#3

To;

The Vice President of Human Resources;

This memorandum is regarding the proposed policy which would require all employees at all levels, designations and or grades to be fluent in speaking english. My evaluation is that this policy is not ethically right nor does it make professional or business sense. Here why

The Ethical Issue (From a legal standpoint)

This policy is retro active in nature which violates the offer letter that all employees at all levels, designations and or grades signed while accepting their job offer to be employed by our organisation. Since it wasn't mentioned in the offer letter, the terms of employment, the policy can never be enforced retroactively from a legal standpoint.

Policy Issue (From a business standpoint)

From a policy standpoint. this does not make business sense since all levels, designations and or grades do not have the same amount of face time with the client. 95% of our Employees will never even interact with the client in any way or form, which would make it detrimental to enforce such a policy which would only alienate our blue collar workers in the organisation.

Regards

Director Of Human Resources

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