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Solution Manual
Employment Law for Business, 10th Edition,
By Dawn Bennett
Alexander, Chapters 1 - 16
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Chapter 4 Legal Construction of the Employment Environment Chapter 5 Affirmative
Action
Chapter 6 Race and Color Discrimination
Chapter 7 National Origin Discrimination
Chapter 8 Gender Discrimination Chapter 9
Sexual Harassment
Chapter 10 Sexual Orientation and Gender Identity Discrimination Chapter 11 Religious
Discrimination
Chapter 12 Age Discrimination Chapter 13
Disability Discrimination
Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
Chapter 15 Labor Law 857
Chapter 16 Selected Employment Benefits and Protections
Chapter 1
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The Regulation of Employment
Chapter Objective
The student is introduced to the regulatory environment of the employment relationship. The
chapter examines whether regulation is actually necessary or beneficial or if, perhaps,
the relationship would fare better with less governmental intervention. The concepts of
―freedom‖ to contract in the regulatory employment environment and non- compete agreements
are discussed. Since the regulations and case law discussed in this text rely on an individual‘s
classification as an employer or an employee, those definitions are delineated and
explored.
Learning Objectives
(Click on the icon following the learning objective to be linked to the location in the
outline where the chapter addresses that particular objective.)
At the conclusion of this chapter, the students should be able to:
1. Describe the balance between the freedom to contract and the current
regulatory environment for employment.
2. Identify who is subject to which employment laws and understand the implication of each of
these laws for both the employer and employee.
3. Delineate the risks to the employer caused by employee misclassification.
4. Explain the difference between and employee and an independent contractor and the tests
that help us in that determination.
5. Articulate the various ways in which the concept ―employer‖ is defined by the
various employment-related regulations.
6. Describe the permissible parameters of non-compete agreements.
Detailed Chapter Outline
Scenarios—Points for Discussion
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Scenario One: This scenario offers an opportunity to review the distinctions between an employee
and an independent contractor discussed in the chapter (see ―The Definition of Employee, ‖
particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
and her work process, and the limits upon her choice of clients, students should come to the
conclusion that Dalia is an employee (therefore, eligible to file an
unemployment claim), rather than an independent contractor.
Scenario Two: Soraya would not have a cause of action that would be recognized by the
EEOC. Review the section ―The Definition of ‗Employer‘‖ with students, and discuss the
rationale that determines the status of a supervisor vis-à-vis anti-discrimination
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the target
of an EEOC claim of sexual harassment.
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or failed to
follow a system for employee redress of discrimination grievances. However, in this
case, CCC appears to have a viable anti-discrimination policy that it adhered to
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The court
in Williams v. Banning (1995) offered the following rationale for its decision in a
similar case:
―She has an employer who was sensitive and responsive to her complaint. She can take
comfort in the knowledge that she continues to work for this company, while her
harasser does not and that the company's prompt action is likely to discourage
other would be harassers. This is precisely the result Title VII was meant
to achieve.‖
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely Tobe
found reasonable by a court, and elaborate the aspects of the agreement that Mya might
contest as unreasonable (see section below, ―Covenants Not to Compete‖).
Does Mya have a persuasive argument that the terms of her non-compete agreement are
unreasonable in scope or duration?
Might she have grounds to claim that the agreement prohibits her from making a living?
Given the diversity of state laws regulating non-compete agreements, discuss the range of legal
restrictions that might apply to Mya‘s particular agreement with her employer. As an
employee who works across several states, Mya‘s defense may depend upon the
presence—and specific language—of a forum selection clause in her non-compete agreement.
Consider what language would be more likely to provide Nan with a strong defense against
the breach of contract claim.
Mya might also argue that the company‘s client list is available through public means, and
therefore, her access to this list should not be prohibited.
General Lecture Note for Employment Law Course
In order to teach this course, instructors have found that students must be made to feel relatively
comfortable with their peers. Instructors will be asking the students to be honest
and to stay in their truth, even at times when they feel that their opinion on one
of these matters will not be
Solution Manual
Employment Law for Business, 10th Edition,
By Dawn Bennett
Alexander, Chapters 1 - 16
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
Chapter 4 Legal Construction of the Employment Environment Chapter 5 Affirmative
Action
Chapter 6 Race and Color Discrimination
Chapter 7 National Origin Discrimination
Chapter 8 Gender Discrimination Chapter 9
Sexual Harassment
Chapter 10 Sexual Orientation and Gender Identity Discrimination Chapter 11 Religious
Discrimination
Chapter 12 Age Discrimination Chapter 13
Disability Discrimination
Chapter 14 The Employee’s Right to Privacy and Management of Personal Information
Chapter 15 Labor Law 857
Chapter 16 Selected Employment Benefits and Protections
Chapter 1
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
The Regulation of Employment
Chapter Objective
The student is introduced to the regulatory environment of the employment relationship. The
chapter examines whether regulation is actually necessary or beneficial or if, perhaps,
the relationship would fare better with less governmental intervention. The concepts of
―freedom‖ to contract in the regulatory employment environment and non- compete agreements
are discussed. Since the regulations and case law discussed in this text rely on an individual‘s
classification as an employer or an employee, those definitions are delineated and
explored.
Learning Objectives
(Click on the icon following the learning objective to be linked to the location in the
outline where the chapter addresses that particular objective.)
At the conclusion of this chapter, the students should be able to:
1. Describe the balance between the freedom to contract and the current
regulatory environment for employment.
2. Identify who is subject to which employment laws and understand the implication of each of
these laws for both the employer and employee.
3. Delineate the risks to the employer caused by employee misclassification.
4. Explain the difference between and employee and an independent contractor and the tests
that help us in that determination.
5. Articulate the various ways in which the concept ―employer‖ is defined by the
various employment-related regulations.
6. Describe the permissible parameters of non-compete agreements.
Detailed Chapter Outline
Scenarios—Points for Discussion
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
Scenario One: This scenario offers an opportunity to review the distinctions between an employee
and an independent contractor discussed in the chapter (see ―The Definition of Employee, ‖
particularly Exhibits 1.3–1.5). Discuss the IRS 20-factor analysis, as it
applies to Dalia‘s position. In light of the low level of control that Dalia had over her fees
and her work process, and the limits upon her choice of clients, students should come to the
conclusion that Dalia is an employee (therefore, eligible to file an
unemployment claim), rather than an independent contractor.
Scenario Two: Soraya would not have a cause of action that would be recognized by the
EEOC. Review the section ―The Definition of ‗Employer‘‖ with students, and discuss the
rationale that determines the status of a supervisor vis-à-vis anti-discrimination
legislation. Because Soraya is Soraya‘s supervisor, not her employer, he cannot be the target
of an EEOC claim of sexual harassment.
CCC, Soraya‘s employer, would be vulnerable to an EEOC claim if the company lacked or failed to
follow a system for employee redress of discrimination grievances. However, in this
case, CCC appears to have a viable anti-discrimination policy that it adhered to
diligently; consequently, Soraya would be unlikely to win a decision in her favor. The court
in Williams v. Banning (1995) offered the following rationale for its decision in a
similar case:
―She has an employer who was sensitive and responsive to her complaint. She can take
comfort in the knowledge that she continues to work for this company, while her
harasser does not and that the company's prompt action is likely to discourage
other would be harassers. This is precisely the result Title VII was meant
to achieve.‖
Scenario Three: Students should discuss whether or not Mya non-compete agreement is likely Tobe
found reasonable by a court, and elaborate the aspects of the agreement that Mya might
contest as unreasonable (see section below, ―Covenants Not to Compete‖).
Does Mya have a persuasive argument that the terms of her non-compete agreement are
unreasonable in scope or duration?
Might she have grounds to claim that the agreement prohibits her from making a living?
Given the diversity of state laws regulating non-compete agreements, discuss the range of legal
restrictions that might apply to Mya‘s particular agreement with her employer. As an
employee who works across several states, Mya‘s defense may depend upon the
presence—and specific language—of a forum selection clause in her non-compete agreement.
Consider what language would be more likely to provide Nan with a strong defense against
the breach of contract claim.
Mya might also argue that the company‘s client list is available through public means, and
therefore, her access to this list should not be prohibited.
General Lecture Note for Employment Law Course
In order to teach this course, instructors have found that students must be made to feel relatively
comfortable with their peers. Instructors will be asking the students to be honest
and to stay in their truth, even at times when they feel that their opinion on one
of these matters will not be
