Case Study

Topics: Law, Employment, Jury Pages: 12 (2327 words) Published: October 31, 2014
CASE 14, PAGE 46 LGA INDUSTRIES: EMPLOYING UNDOCUMENTED IMMIGRANTS

QUESTION: What factors appear to be affecting LGA Industries' staffing practices?

RESPONSE:

The factors that appear to be affecting LGA Industries' staffing practices are as follows:

Limited workers available due to the company was located in a small town

Most of the staff was immigrant workers and they did not have the appropriate documents to work.

The employment application process was not handle properly

The company did not keep I-9 forms for its workers.

QUESTION: Who is responsible for meeting the requirements of the Immigration and Reform and Control Act with respect to the completing of I-9 forms?

RESPONSE:

It is the employers' responsibility to maintain adequate records to ensure that all workers are eligible to work in the United States. If the verification process is not completed within three days of hire; it is a violation for the company with the Department of Labor.

QUESTION: If you were Martin, what would you do now?

RESPONSE:

At this point, Martin should terminate the service of the agency, and research other agencies to handle the company. The existing employees would remain with the company but I would try to advertise the companies' positions and provide that group with proper training. Additionally, I would work with the existing employees to make sure they have all the appropriate work documentation going forward.

EXERCISE 17, PAGE 56 IS THIS UNLAWFUL DISCRIMINATION

QUESTION 1:

WHAT LEGAL STATUTE(S) APPLY IN THIS CASE?

The legal statutes that apply in this case are the Violation of Title VII of the Civil Rights Act (discrimination based on religion) and wrongful termination.

WHAT ISSUE(S) MUST THE COURT DECIDE IN THIS CASE?

The court must decide if Elaine Mobley was wrongfully terminated due to religious discrimination.

IF YOU WERE THE JUDGE, HOW WOULD YOU RULE? DID THE EMPLOYER DISCRIMINATE UNLAWFULLY? WHY OR WHY NOT?

As the appointed Judge, I must review all the elements to this case. The plaintiff in this case states that she was terminated to religious discrimination. In this case, whistleblowing is a more public term in today's world. A common trend for employers is to fire the employee if they claim discrimination. If individuals reports discrimination, it should not be rewarded or punished it should be handled appropriately. Her poor attendance started when her co-workers started teasing her about her religious beliefs which caused her to work in a hostile work environment. I am agreeing with the Plaintiff, the Virginia Health Department did discriminate against this employee by terminating her after she reported the problem. The company failed to apply reasonable accommodations for this employee.

Question 2:

WHAT LEGAL STATUTE(S) APPLY IN THIS CASE?

The legal statue in this case is the Equal Employment Opportunity Act of 1972

WHAT ISSUE(S) MUST THE COURT DECIDE IN THIS CASE?

The court must decide whether or not Edward Roberts was discriminated against by not being offered a position because of his race

IF YOU WERE THE JUDGE, HOW WOULD YOU RULE? DID THE EMPLOYER DISCRIMINATE UNLAWFULLY? WHY OR WHY NOT?

As the judge, I would side with the plaintiff in this case. It appears that the employer did not review the applications for Mr. Roberts. There had only been three months from the time period of the applications to June when Mr. Edwards learned that everyone that was hired was white. This is clearly a case of discrimination based on race (applicant applied for the position in person)

Question 3

WHAT LEGAL STATUTE(S) APPLY IN THIS CASE?

The legal statue that applies in this case is the Title VII of the Civil Rights Act of 1964

WHAT ISSUE(S) MUST THE COURT DECIDE IN THIS CASE?

The court must decide if Thelma Jones was withheld a promotion due to discrimination based on sex.

IF YOU WERE THE JUDGE, HOW WOULD YOU RULE? DID THE EMPLOYER...
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