1. How is agency law part contract law and part tort law and how do these two combine to shape the working relationship?
There may be a decided preference among businesses to treat its agents as independent contractors rather than employees. The determination comes down to a matter of control and how much control relative to independence businesses want when it comes to people doing things for them. 2. From a purely contractual point of view, would an agreement specifying independent contractor status between a business and a person doing tasks for the business be sufficient in and of itself? Possibly, but if not, why not?
3. How has Title VII of the Civil Rights Act impacted the hiring practices of today's business and do you feel it is achieving its desired results?
The focus of the Chapter learning activity prompt could be described as purposive: that is, what is the purpose of Title VII. One may say it is still a work in progress, as mentioned, but there are many who object to the government dictating a purpose for the society in the first place, or for any attempt at what might be described as "social engineering." The general federal regulatory framework can be described as "libertarian paternalism" (Sunstein, 2014). This is the idea that the government determines the kind of society we have (paternalism), while allowing for freedom (liberty) of contracting parties to decide their own best purposes for themselves and as they may agree on in a free-market (libertarian). When it comes to work, under a notion of freedom of contract, workers and the organizations that purchase their services are free to set their own terms and conditions, in effect to discriminate what they want and do not want without government interference. That is the underlying tension, of course.5.What then was basis, or purpose, of Title VII limiting discrimination of certain categories, in effect limiting private organizations' (and individuals') choices? Why those choices of categories and not others?
6. Workers' Compensation and OSHA (Occupational Safety and Health Act) provide workers with the framework for safe working conditions and compensation for injuries that occur at work. How does this system impact business?
7. Watch the "Employment Relations and Conflict Resolution" video. Consider the following as you watch: Although filmed in Australia and the U.K., consider the elements that are common among the systems as you explore workplace disputes and how managers play a key role along with the Human Resource Department.
8. Consider how unions have changed over the years and whether it is simply a matter of time before all states are "right-to-work" states or whether unions will grow in stature and strength in the years to come.
9. Watch the "Employment Relations and Conflict Resolution" video. Consider the following as you watch: Although filmed in Australia and the U.K., consider the elements that are common among the systems as you explore workplace disputes and how managers play a key role along with the Human Resource Department.
10. Feedback on Watch the "Q&A: Discrimination in the Workplace" video?
Week Five has to do with internal health of the organization. This is the week we talk about employment law. Employment law, as a sub-discipline, is a kind of hybrid of contract and tort law, as if combining into a separate area the subjects of Weeks Three and Four.”Ironically, this is one area of law most people have some knowledge of from their workplace experience and most understand how employment in general and who is and is not an employee in particular impacts the functioning of the business as well as business risk. 11. From your reading of the materials this week, what is the most common form of employment law risk (the legal disputes that come up all the time) and which is, or are, the most “dangerous” for the business, i.e., what concerns senior management the most?
12. As you reflect on these two assignments, consider whether the law sufficiently protects the rights of those who work for others. Are employees and employers on equal footing? Do they need to be?
13. Watch the "TEDTalks: Regina Hartley--Why the Best Hire Might Not Have the Perfect Resume" video.As you reflect upon the video, consider the state of our employment laws today. Every decision by an employer is a form of discrimination in the broadest sense of the word: they are picking and choosing one person over another. Should market forces only determine choices or should social norms restrict certain choices while others are prohibited? What Is the basis of prohibited discrimination?
How is agency law part contract law and part tort law
Date Published: 13 February, 2018