Which law prevents employees like Darwin from discrimination in employment?

Topic 8: Agency and Employment Law

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Topic 9: Labor and Worker Protection Law


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1. Use the following information to answer questions 1–3.

Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn’t fit into the directors’ vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed.

Which of the following, if true, would legally support the company’s decision to fire and replace Darwin? Check all that apply.

· if Darwin planned to retire in less than five years

· if there were more highly skilled workers in the organization who could take his place

· if Darwin needed a reasonable accommodation to perform his job due to a disability

· if the company had fewer than 20 employees

· if Darwin was unable to perform the essential functions of his job

· if Darwin had another job offer elsewhere

· if the company was a private (non-governmental) organization


2. Bookmark question for later

Which law prevents employees like Darwin from discrimination in employment?

· affirmative action



· Title VII


3. Bookmark question for later

Are the company’s actions permissible, considering its mission and vision?

· Yes, because age is not a protected class in employment law.

· No, because Darwin was treated less favorably than younger employees based solely on his age.

· Yes, because the company is private and therefore has the right to hire or fire whomever they want to.

· No, because Darwin was not given compensation or allowed adequate time to find another job.


4. Bookmark question for later

Visit the National Labor Relations Board website and explore the tabs on the website to answer questions 4–7. Additionally, please explore recent cases and decisions to learn more about what the NLRB does.

Who is the chairman of the NLRB?


5. Bookmark question for later

What does the NLRB do? Select all the main functions of the board.

· investigate charges against employers

· enforce orders

· draft legislation

· decide cases

· file charges against employers

· facilitate settlements

· conduct elections


6. Bookmark question for later

What types of database information and reports does the website offer? Select all that apply.

· rules and regulations

· performance reports

· petitions and elections

· regulatory reports and notices

· inspector general notices

· case activity reports


7. Bookmark question for later

Where is the regional NLRB office that serves the state of Arizona?

· Phoenix

· Albuquerque

· Washington, DC

· Denver


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