Category: Management

  • [Solved] Business Finance – Management Homework

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  • [Solved] Organization and People

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    **Assign 2** In this assignment, I'm asking you to look inward and identify several errors we all make in deciding on why others do things, as well as creating excuses for mistakes we make. First, [read Chapter 3](https://openstax.org/books/organizational-behavior/pages/3-introduction), then think b…

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    **Assign 2**
    In this assignment, I'm asking you to look inward and identify several errors we all make in deciding on why others do things, as well as creating excuses for mistakes we make. First, [read Chapter 3](https://openstax.org/books/organizational-behavior/pages/3-introduction), then think back to your own experiences.
    ### Instructions:
    1. Discuss a workplace example of an **attribution** you have made as well as the cause. (Remember that _"attribution involves forming beliefs about the causes of behavior or events."_ ( [section 3.3](https://openstax.org/books/organizational-behavior/pages/3-3-attributions-interpreting-the-causes-of-behavior)). (Be sure to use the Attribution Theory Process to explain the situation. ( [Exhibit 3.5](https://openstax.org/books/organizational-behavior/pages/3-3-attributions-interpreting-the-causes-of-behavior#ch03fig05)). You may use a personal example if you don't have a workplace example.)   5 pts.
    2. Discuss an example of an **attribution error** you have made at work. Was it a _self-serving bias_? Perhaps it was a _fundamental attribution error_? 5 pts
    3. Describe the difference between these two errors. Next, using your example in #2, see if you can explain how your attribution error may have impacted the effectiveness of your communication. 10 pts
    **Assign 3**
    ### Assignment #3: Proposed Focus Project Outline due Week 3
    By the end of the term, each of you is required to complete a Focus Project on a topic in this course. I have provided the instructions for the final Focus Project below that may help you with your outline.
    **Instructions for assignment #3:** **Submit your plan outline for your Focus Project by responding to the 6 questions below:**
    1. What topic did you choose for your Focus Project (Review the list of possible topics below for ideas that correspond to weekly lesson topics)? 1 pt.
    2. Why did you select this focus topic? 3 pts.
    3. What 3 subtopics will you consider? 1 pt
    4. How you will present the information: PowerPoint presentation with a written script, write a paper, oral video presentation, etc.? 1 pt.
    5. Write a brief overview of your plan for the project. How does this apply to you, your workplace, a company you are interested in, a topic for interviews, etc.? 3 pts.
    6. What specific outside articles or research studies do you plan to use and reference, along with information in the text? (name at least two) 1 pt.
    **Here is an example of a Topic Approval Outline**
    Topic: How Leaders Overcome Challenges in Multi-Cultural Teams. This applies to my work situation since I participate in a diverse work team and we have various challenges that get in the way of meeting our team goals. I will be presenting what a diverse team is along with specific challenges and ways to overcome these challenges. Also, I will be examining the pros and cons of strategies for managing challenges and coming up with a realistic action plan to help our team become more inclusive and productive.
    Throughout my project,
    Subtopics:
    1. Definition of Multi-Cultural Teams
    2. Specific Challenges of Multi-Cultural Teams
    3. Strategies to overcome these Challenges
    4. Pros and or Cons of using these strategies
    5. Create an action plan
    6. Summarize how to use this plan in the future.
    Sources: [Common challenges of a multicultural team, 7 Multicultural Team Challenges And Solutions](https://www.futurelearn.com/info/courses/inclusive-leadership-and-management-skills/0/steps/290092) and text chapter 10: "Multicultural Teams"
    _Make sure to check grammar and spelling. If there are numerous mistakes, you will be marked down accordingly. Also, write your work and save it as .pdf or .docx and "submit" it to the Assignments box by the due date. Thanks!_
    **Here are a few questions to help guide you in finding a topic that you find of interest and want to know more about and apply.**
    1. How can Intrinsic rewards and Extrinsic rewards be used to effectively motivate employees?
    2. What are effective and meaningful employee performance appraisals?
    3. Why is the quality of group decision-making beneficial?
    6. What can leaders do to effectively manage individual differences in the workplace?
    7. What types of challenges occur in multicultural teams and how can the organization or team leader overcome these?
    8. What is work conflict and what conflict resolution strategies can be used in groups or an individual employee?
    9. How can an organization or team leader overcome barriers to effective communication?
    10. How are the different leadership roles that are effective in supporting self-managed work teams?
    11. Why organizational change may be necessary and ways to encourage changes?
    12. How can leaders increase creative decision-making within their teams?
    13. How can an organization minimize stereotypes and hidden biases so employees feel safe and inclusive?
    Please be flexible, I may ask you to change your topic if there are several student proposals on the same topic.
    _(Below are the Instructions for the final Focus Project_ _**due in Week 9**_ _to give you a sense of future requirements and expectations.)_
    – Choose a topic that interests you and do research, interviews, observations, etc. to learn strategies or processes that you will be able to use in your work or your life. (You will need to get the topic approved by your instructor).  The format can be a paper, PowerPoint presentation with a written script, or video narrative PowerPoint presentation.
    – Examine the topic from the viewpoint of at least **two different resources, plus the text.**
    – Length: minimum 800- 900 words (approximately 3 pages or a minimum of 8 slides for PowerPoint Presentation)
    **Respond to the following below:**
    1. Introduce your topic and provide a preview including a list of at least four of your subtopics on what you will address in your presentation. **10 pts.**
    2. Clearly explain ideas and views of what you learned from your research. Make sure to identify your sources and use references and quotes.  **15 pts**
    3. Describe several pros and cons you found after researching your topic, be specific. Use references. **10 pts**
    4. Develop a detailed action plan including various strategies and why you chose these strategies. along with how they will have a positive impact on your plan. **10 pts**
    5. Summarize in a strong paragraph, how you could use your plan in the future. **5 pts**
    6. Cite the sources embedded in the content of your presentation and correctly use a References Page. Be sure to cite the name of the publication, author, date, and page or location. **10 pts**
    7. Format: Use a title and subtitles, double-spacing if writing a paper, and correct spelling and grammar. **5 pts**
    8. I encourage you to use graphs, and graphics supporting your plan or topic, offering +5 extra credit points.
    **Assign 4**
    ### Assignment #4: Decision-Making
    **Decision-Making Elements in** [**6.2 Perceptions and Managerial Decision-Making**](https://openstax.org/books/organizational-behavior/pages/6-introduction) **: (Remember to incorporate some of these decision-making elements in your response to Scenario #1 or Scenario #2)**
    – Characteristics of managerial decision-making
    – systems of decision-making in the brain
    – Programmed and nonprogrammed decisions.
    – Barriers to making effective decision-making difficult
    – Quality group decision-making
    #### Instructions:
    Select one Scenario from the two below and **use the decision-making elements above** to help guide your answer. **Use at least three specific references from the text readings in your reply to all questions**. You can use an example from your work if you choose one that may have a similar circumstance (like the first one). Each Scenario is worth 20 pts.
    Scenario # 1: You have been asked whether your organization should expand from selling its products only in North America to selling its products in Europe as well.
    1. What information would you want to collect? 10 pts
    2. Who would you want to discuss the idea with before making a decision? 5 pts
    3. Reference your responses identifying the text chapter number, title, and subtitle name 5 pts
    **OR**
    Scenario #2: Your manager has asked you to take the lead on a new and creative project. They have encouraged you to create your own team (from existing employees) to work with you on the project.
    1. What factors would you want to consider in deciding who should join your project team? 5 pts
    2. What would you want to do as the team leader to increase the likelihood that the group will be successful in making decisions? 10 pts
    3. Reference your responses identifying the text chapter number, title, and subtitle name 5 pts
    (n.d.). In _Organizational Behavior_. Houston, Texas: OpenStax. Retrieved from: [https://openstax.org/books/organizational-behavior/pages/6-managerial-decision-exercises](https://openstax.org/books/organizational-behavior/pages/6-managerial-decision-exercises)
    **Assign 5**
    ### Assignment #5: Leadership
    **Instructions:** Write a minimum of four detailed paragraphs following the formatting tips below.
    – Explain your understanding of the Transformational Leadership style. 5 pts.
    – Write a comprehensive analysis of how these skills reflect upon 9 pts.
    – Professional ethics,
    – Employee Sustainability
    – Social responsibility
    – Embed three references to the reading with quotes in your content for each of the subtopics to support your thoughts (cite the text including title number, name, and subtitle name). 4 pts.
    – Use one or more links to external articles and reference specific parts of the articles (embedded in your content) to support your thoughts. 2 pts.
    Format Tips
    Include these four paragraphs in 600 words:
    1. My understanding of the Transformational Leadership style is….. (write an explanation) (use a reference)
    2. Here's how this style might/does make ethical decisions….(write an explanation with an example) (use a reference)
    3. Here's an example of how this style might/does help an organization incorporate sustainable practices for employee engagement….(write an explanation with an example) (use a reference)
    4. Here's an example of how this leadership style might/does help an organization manage employees in a socially responsible manner. (write an explanation with an example) (use a reference)
    **Assign 6**
    ### Assignment #6: Self-Assessments
    **Instructions:** Follow the format below for **each** of these 3 self-assessments:
    1. Chapter 13: [Bases of Power](https://openstax.org/books/organizational-behavior/pages/13-management-skills-application-exercises)
    2. Chapter 13: [How Political Are You?](https://openstax.org/books/organizational-behavior/pages/13-management-skills-application-exercises)
    3. Chapter 14: [What is your approach to conflict resolution](https://openstax.org/books/organizational-behavior/pages/14-management-skills-application-exercises)
    **Format**
    – Describe your results – 3 pts.
    – What did you learn about yourself – give specific examples? 5 pts.
    – What might you do about what you learned – how was this useful? 2 pts
    – Describe a **couple of strategies managers could implement in helping employees deal with individual differences in the workplace.** Refer to specific paragraphs in this week's reading assignment (cite the text including title number, name, and subtitle name). 10 pts.
    (n.d.). In _Organizational Behavior_. Houston, Texas: OpenStax. Retrieved from [https://openstax.org/books/organizational-behavior/pages/13-management-skills-application-exercises](https://openstax.org/books/organizational-behavior/pages/13-management-skills-application-exercises)
    **Assign 8**
    ### Assignment #8: Organizational Structures
    **Instructions**
    Read Chapter 16 and specifically [16.1](https://openstax.org/books/organizational-behavior/pages/16-1-organizational-structures-and-design), [16.2](https://openstax.org/books/organizational-behavior/pages/16-2-organizational-change), and [16.3](https://openstax.org/books/organizational-behavior/pages/16-3-managing-change). Next select **one** of the Choices below:
    #### Choice 1
    Refer to [**Exhibit 16.2**](https://openstax.org/books/organizational-behavior/pages/16-1-organizational-structures-and-design#ch10fig02), [**Exhibit 16.3**](https://openstax.org/books/organizational-behavior/pages/16-1-organizational-structures-and-design#ch10fig03), and [**Exhibit 16.5**](https://openstax.org/books/organizational-behavior/pages/16-2-organizational-change#ch10fig05) for this exercise.
    1. Pick a business that you are familiar with, and draw their existing organizational chart. You may be able to infer much of the information from their website or through a short interview with someone in their organization. After completing this task:
    2. Construct an alternative organizational chart and comment on why it may be more effective than the current organizational structure and what risks that new structure may have.
    3.Write at least three paragraphs, use descriptions from the text (cite the text including title number, name, and subtitle name), or refer to the exhibits on the different types of organizational structures and change models. 20 pts.
    #### OR
    #### Choice 2
    You have been assigned the task of working with a company that had a traditional, functional organizational structure with sales, marketing, product development, finance and accounting, and operations teams, each reporting to a VP, who then reported to the CEO. The company wants to move to a matrix organization that will retain the efficiencies of the functional organization but also group employees by product teams.
    You have been asked to comment on managing this change and communicating and responding to employee concerns. Specifically, your response to the following questions: 20 pts.
    1. What are the desired impacts or benefits of moving to a matrix structure for the organization? (Include descriptions from the text to the exhibits on the different types of organizational structures and change models)
    2. What are your employees' emotions about this organizational change in structure?
    3. How could the employee's emotions impact the organization or its operations?
    4. How can the organization manage these emotions, or in what ways should it manage them to achieve the desired outcome?
    In your responses to the above questions, provide text references and citations, including title number, name, and subtitle name.
    (n.d.). In _Organizational Behavior_. Houston, Texas: OpenStax. Retrieved [https://openstax.org/books/organizational-behavior/pages/16-managerial-decision-exercises](https://openstax.org/books/organizational-behavior/pages/16-managerial-decision-exercises)
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  • [Solved] business

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  • [Solved] 10-2 Final Project Submission: Final Paper

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    Submit the final paper that includes the main elements outlined in the Final Project Guidelines and Rubric document. Submit your assignment here. Make sure you’ve included all the required elements by reviewing the [guidelines and rubric](https://learn.snhu.edu/d2l/common/dialogs/quickLink/quickLink…

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    Submit the final paper that includes the main elements outlined in the Final Project Guidelines and Rubric document.
    Submit your assignment here. Make sure you’ve included all the required elements by reviewing the [guidelines and rubric](https://learn.snhu.edu/d2l/common/dialogs/quickLink/quickLink.d2l?ou=2012913&type=content&rcode=snhu-3225370).
    \
    FinalProjectGuidelinesandRubric-SPT-610-11181-M01SportLaw2025D-4Aug-Nov.pdf](https://www.sweetstudy.com/files/finalprojectguidelinesandrubric-spt-610-11181-m01sportlaw2025d-4aug-nov-pdf "FinalProjectGuidelinesandRubric-SPT-610-11181-M01SportLaw2025D-4Aug-Nov.pdf")

  • [Solved] Keeping up with the joneses

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    Research what the idiom; “Keeping up with the Joneses” means and relate how it can affect a person’s spending as they age. 2. It’s easier than ever to spend money today than it was in the past. Explain why this is so.

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    Research what the idiom; “Keeping up with the Joneses” means and relate how it can affect a person’s spending as they age. 2. It’s easier than ever to spend money today than it was in the past. Explain why this is so.

  • [Solved] MGT603 WEEK FOUR DISCUSSION POST. 200 WORD MIN

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    – ## MGT603WEEKFOURDiscussionPostHM.docx **## MGT603WEEKFOURDiscussionPostHM.docx** Discussion 4: Evaluate the effectiveness of operations management **Instructions** You work in a service-based organization. A few employees have approached your management team with inventory concerns. The inventory…

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    – ## MGT603WEEKFOURDiscussionPostHM.docx

    **## MGT603WEEKFOURDiscussionPostHM.docx**

    Discussion 4: Evaluate the effectiveness of operations management

    **Instructions**

    You work in a service-based organization. A few employees have approached your management team with inventory concerns. The inventory program seems mismanaged and could use a facelift. The previous manager was utilizing a revenue management approach in hopes that optimization was a possible outcome. Using the textbook or outside sources, answer the following discussion questions.

    Your initial post should be roughly 200 words in length, and your responses to peers should be roughly 200 words each. Cite sources you reference in-text and under a "References" section in APA format.

    **Q1 Think back to your problem statements. What inventory model does your organization use now?  Is there a more effective model that should be considered? If so, why?**

    **Q2 What is the difference between yield management and revenue management for service-based organizations? Is a revenue management approach appropriate in a service-based organization? Explain your answer.**

    **Q3 How can service companies carry labor inventory? Provide one example.**

    **## MGT603WEEKFOURDiscussionPostHM.docx**

    Discussion 4: Evaluate the effectiveness of operations management

    **Instructions**

    You work in a service-based organization. A few employees have approached your management team with inventory concerns. The inventory program seems mismanaged and could use a facelift. The previous manager was utilizing a revenue management approach in hopes that optimization was a possible outcome. Using the textbook or outside sources, answer the following discussion questions.

    Your initial post should be roughly 200 words in length, and your responses to peers should be roughly 200 words each. Cite sources you reference in-text and under a "References" section in APA format.

    **Q1 Think back to your problem statements. What inventory model does your organization use now?  Is there a more effective model that should be considered? If so, why?**

    **Q2 What is the difference between yield management and revenue management for service-based organizations? Is a revenue management approach appropriate in a service-based organization? Explain your answer.**

    **Q3 How can service companies carry labor inventory? Provide one example.**

  • [Solved] Business Finance – Management MGT603 WEEK FOUR Assignment 7: Assess an Ethics-Based Operational Management Case Study. 2-3 PAGES

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    – ## MGT603WEEKFOURAssignment7AssessanEthicsBasedOperationalManagementCaseStudyHM.docx **## MGT603WEEKFOURAssignment7AssessanEthicsBasedOperationalManagementCaseStudyHM.docx** Assignment 7: Assess an Ethics-Based Operational Management Case Study Top of Form | | | | — | — | | | | Instructions | …

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    – ## MGT603WEEKFOURAssignment7AssessanEthicsBasedOperationalManagementCaseStudyHM.docx

    **## MGT603WEEKFOURAssignment7AssessanEthicsBasedOperationalManagementCaseStudyHM.docx**

    Assignment 7: Assess an Ethics-Based Operational Management Case Study

    Top of Form

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    | — | — |
    | |
    | Instructions | |
    | **Background**<br>In your research, you’ve come to learn quite a bit about how the supply chain works. You are already familiar with the concept of supply chain planning but didn’t realize the potential concerns involving ethics. Ethics is on your mind because you’ve overheard a few peers talking about what other companies are doing to create unfair competitive advantage. <br>**Instructions**<br>Read the case study Managing Functional Biases in Organizational Forecasts: A case Study of Consensus Forecasting in Supply Chain Planning and answer the following questions:  <br>1. How has bias (i.e., intentional and unintentional) in forecasting affected forecasting in supply chain planning? Can bias be eliminated? <br>2. What is one strategy that is likely to improve the accuracy of forecasting without political influence? <br>3. Three propositions are provided at the end of the study. Pick one and provide a short reflection on it. Do you think it will work? If so, why? If not, what are the assumed limitations to the proposition?  <br>**Length**<br>This assignment must be 2 – 3 pages (excluding reference page).<br>**References**<br>Include at least 2 scholarly resources. <br>**Additional Resources**<br>Please select the direct link to view the case study for this assignment. The case study link is also available under the Course Resources tab in your Library Guide. <br>Direct link: <br>[Managing Functional Biases in Organizational Forecasts: A Case Study of Consensus Forecasting in Supply Chain Planning](https://nu.primo.exlibrisgroup.com/permalink/01NATIONAL_INST/1gmol9r/cdi_proquest_journals_228752042)<br>Oliva, & Watson, N. (2009). Managing Functional Biases in Organizational Forecasts: A Case Study of Consensus Forecasting in Supply Chain Planning. <br>_Production and Operations Management, 18_(2), 138–151. <br>[https://doi.org/10.1111/j.1937-5956.2009.01003.x](https://doi.org/10.1111/j.1937-5956.2009.01003.x) |

    Bottom of Form

    **## MGT603WEEKFOURAssignment7AssessanEthicsBasedOperationalManagementCaseStudyHM.docx**

    Assignment 7: Assess an Ethics-Based Operational Management Case Study

    Top of Form

    | | |
    | — | — |
    | |
    | Instructions | |
    | **Background**<br>In your research, you’ve come to learn quite a bit about how the supply chain works. You are already familiar with the concept of supply chain planning but didn’t realize the potential concerns involving ethics. Ethics is on your mind because you’ve overheard a few peers talking about what other companies are doing to create unfair competitive advantage. <br>**Instructions**<br>Read the case study Managing Functional Biases in Organizational Forecasts: A case Study of Consensus Forecasting in Supply Chain Planning and answer the following questions:  <br>1. How has bias (i.e., intentional and unintentional) in forecasting affected forecasting in supply chain planning? Can bias be eliminated? <br>2. What is one strategy that is likely to improve the accuracy of forecasting without political influence? <br>3. Three propositions are provided at the end of the study. Pick one and provide a short reflection on it. Do you think it will work? If so, why? If not, what are the assumed limitations to the proposition?  <br>**Length**<br>This assignment must be 2 – 3 pages (excluding reference page).<br>**References**<br>Include at least 2 scholarly resources. <br>**Additional Resources**<br>Please select the direct link to view the case study for this assignment. The case study link is also available under the Course Resources tab in your Library Guide. <br>Direct link: <br>[Managing Functional Biases in Organizational Forecasts: A Case Study of Consensus Forecasting in Supply Chain Planning](https://nu.primo.exlibrisgroup.com/permalink/01NATIONAL_INST/1gmol9r/cdi_proquest_journals_228752042)<br>Oliva, & Watson, N. (2009). Managing Functional Biases in Organizational Forecasts: A Case Study of Consensus Forecasting in Supply Chain Planning. <br>_Production and Operations Management, 18_(2), 138–151. <br>[https://doi.org/10.1111/j.1937-5956.2009.01003.x](https://doi.org/10.1111/j.1937-5956.2009.01003.x) |

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    – ## UnitIIIStudyGuide.pdf – ## UnitVIIIStudyGuide.pdf **## UnitIIIStudyGuide.pdf** HRM 6302, Employment Law 1 Course Learning Outcomes for Unit III Upon completion of this unit, students should be able to: 2. Summarize Title VII of the Civil Rights Act of 1964. 2.1 Identify the conduct that consti…

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    – ## UnitIIIStudyGuide.pdf

    – ## UnitVIIIStudyGuide.pdf

    **## UnitIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit III

    Upon completion of this unit, students should be able to:

    2. Summarize Title VII of the Civil Rights Act of 1964.
    2.1 Identify the conduct that constitutes sexual harassment.
    2.2 Analyze the protection against sexual harassment under Title VII.

    3. Analyze the impact that workplace sexual harassment has on an organization.

    3.1 Summarize the prevalence and cost of harassment in the workplace.
    3.2 Analyze the appropriate response of employers to harassment and ways to prevent its

    occurrence.

    Required Unit Resources

    Chapter 8: Harassment, pp. 281–318

    Unit Lesson

    It is hard to imagine a more perfect example of alleged sexual harassment in the workplace than played out in
    the hearings to confirm Clarence Thomas as a Supreme Court justice in 1991. Many in human resources
    (HR) and employment law watched the testimony of Anita Hill with great interest, but few could have known
    how significantly this event would affect the workplace and the work of employment lawyers and human
    resource professionals. While the nation watched, Hill described under oath how Thomas allegedly harassed
    her while she worked for him from 1981 to 1983 in federal government agencies. Hill claimed that Thomas
    talked about scenes in pornographic movies and images in pornographic materials, as well as boasting of his
    own sexual abilities (“The Thomas Nomination,” 1991). Thomas’ strong denial and the lack of witnesses to
    any of the alleged interaction set the stage for a classic he said/she said scenario. The he-said side of the
    equation carried the day, and Thomas ended up being confirmed by the Senate by a slim margin.
    Nevertheless, sexual harassment took a great leap forward in public consciousness.

    With sex added as a protected category in the last days before Congress voted on the Civil Rights Act of
    1964, sexual harassment was likely not even on the radar of the drafters. According to Cohen (2016), sexual
    harassment has been around as long as women have been in the workplace. As women began to employ in
    numbers in manufacturing and clerical roles in the early 20th century, they faced physical and verbal assaults
    by male managers. This conduct continued for decades and women had only the options of enduring sexually
    harassing conduct or quitting. Complaining was ineffective; at most, women were told the conduct was
    harmless and complainers were frequently retaliated against (Cohen, 2016).

    Title VII’s passage laid the groundwork for a legal remedy for sexual harassment, but it was not until 1975 that
    the term sexual harassment was coined (Cohen, 2016). Then, in the late 1970s, attorney Catharine
    MacKinnon developed the legal theory for sexual harassment as a violation of Title VII, including the concept
    of hostile work environment. Until this theory was tested and upheld by the Supreme Court in Meritor Savings
    Bank. v. Vinson, (1986), courts followed the “boys will be boys” thinking that left women vulnerable to
    environmental harassment (Strebeigh, 1991).

    How far have we come since the 1970s when a 1976 survey by Redbook found that 80 percent of working
    women reported that they had been sexually harassed in the workplace? Unfortunately, we have not come as
    far as you might expect. The continuing problem of workplace sexual harassment is reflected in recent
    surveys cited by Feldblum and Lipnic (2016) in the Equal Employment Opportunity Commission’s (EEOC)
    Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.

    UNIT III STUDY GUIDE
    Harassment in the Workplace

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    According to Feldblum and Lipnic (2016), approximately 25 percent of women reported sexual harassment in
    the workplace. However, when the term sexual harassment was defined in terms of specific behaviors such
    as unwanted sexual attention or sexual coercion, the rate of women who reported experiencing sexual
    harassment rose to 40 percent. The number rose further to 60 percent when sexist or crude and offensive
    behavior was included in the survey. Reflecting this problem, approximately one third of the charges filed with
    EEOC in fiscal year 2015 included a claim of harassment, and 45 percent of those alleged sexual harassment
    (Feldblum & Lipnic, 2016).

    Many persons subjected to sexual harassment do not report it, let alone file a charge of harassment. Internal
    reports should be viewed by organizations as an opportunity to investigate the concern, reach a finding, and
    take appropriate steps based on that finding. Investigations can be stressful for the participants and the
    organization, but they can lay the groundwork for resolution in an efficient and productive way. In one
    situation, a nurse complained about an incident at the annual social gathering for the maternity and obstetrics
    practice for which she worked. She reported to the office administrator that at the party, while her husband
    was not present, one of the doctors approached her, complimented her dress, and put his arm around her,
    squeezing her breast as he did so. The investigation revealed no witnesses and the doctor adamantly denied
    the allegation. However, the nurse’s excellent record, her credibility and lack of a motive to fabricate, and the
    doctor’s questionable behavior and comments toward other staff tilted the scales in favor of a finding the
    conduct more likely than not occurred.

    This created a dilemma for the other doctors in the practice: ignore the findings and retain a close colleague,
    take steps to reprimand him, or remove him from the practice. Investigations of harassment sometimes yield
    findings that require difficult choices by the organization, but they also reinforce the organization’s
    commitment to a harassment-free workplace and can fend off costly litigation if handled appropriately.

    The process that played out in the medical practice follows from important developments in workplace
    harassment stemming from two key Supreme Court decisions in 1998. In Faragher v. City of Boca Raton
    (1998) and Burlington Industries, Inc. v. Ellerth (1998), the Supreme Court resolved questions about the
    employer’s liability for supervisor sexual harassment and provided an affirmative defense to situations when a
    supervisor harasses a subordinate. Courts had struggled with when to hold employers liable for conduct by
    supervisors who violated employer policies, some following the theory that employers are liable for actions of
    their managers, but others reluctant to hold employers liable for the supervisors’ conduct that the employers
    had prohibited. The Supreme Court held that if an employer has a policy that prohibits harassment, provides a
    method for reporting such harassment, investigates reports, and takes corrective action to stop harassment if
    it is found to have occurred, the employer could defend itself against a legal claim even if a supervisor
    harassed an employee. Thus, in the medical practice situation, if the practice took steps to discipline the
    doctor and prevent him from harassing the nurse or others in the future, it could defend itself against a
    lawsuit. If it failed to take corrective action against the doctor, the practice had a strong risk of being
    successfully sued.

    The costs of harassment in the workplace are not easily quantifiable. However, they are real. Feldblum and
    Lipnic (2016) reported that the EEOC obtained approximately $160 million in harassment cases in fiscal year
    2015, combining pre-litigation settlements and damages in lawsuits filed by the EEOC. However, this does
    not include lawsuits in which EEOC was not involved. In addition to legal damages, costs include legal fees
    and the less quantifiable loss of productivity in the workplace caused by harassment and its aftermath.

    Employers can seek to minimize harassment in the workplace through demonstrated commitment to
    harassment-free workplaces at the highest levels in the organization in the form of communication of policy
    and complaint procedure, periodic training of employees and supervisors, and prompt response to complaints
    of harassment. Training is a key component of any organizational program, but organizations are often
    reluctant to make the financial commitment to meaningful and effective training. All too often, training is not a
    priority until there has been an incident of workplace harassment. At that point, however, employees may
    view the training cynically as merely a reaction to a legal threat, rather than a true commitment to ensuring
    that all employees are comfortable in the work environment. Training is most effective as an integral part of an
    overall culture putting the highest priority on respect in the workplace and creating clear avenues for
    communicating concerns.

    In the second decade of the 21st century, 25 years after Anita Hill went before the Senate, the scorecard on
    eliminating sexual and other harassment in the workplace is far from acceptable. In some ways, we have

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    seen substantial advancements in workplaces where respect for women as well as all persons is
    demonstrated at the highest levels in the organization, and harassment is not tolerated. In other ways,
    however, there is still much room for improvement, particularly in industries where women have only recently
    begun to appear in greater numbers and in areas of work where improper behavior is tolerated because of the
    levels of stress and risk, such as law and medicine. Human resources professionals will lead the way on
    these necessary improvements and will need to gain the full support of their organizations for their efforts to
    be successful.

    References

    Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

    Cohen, S. (2016, April 11). A brief history of sexual harassment in America before Anita Hill. Time.

    http://time.com/4286575/sexual-harassment-before-anita-hill/

    Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

    Feldblum, C. R., & Lipnic, V. A. (2016, June). Report of the co-chairs of the EEOC Select task force on the

    study of harassment in the workplace. https://www.eeoc.gov/june-2016-report-co-chairs-select-task-
    force-study-harassment-workplace

    Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

    Strebeigh, F. (1991, October 6). Defining law on the feminist frontier. New York Times Magazine.

    http://www.equalwomen.com/nytmagazine1991.html

    The Thomas nomination; Excerpts from Senate's hearings on the Thomas nomination [Interview transcript].

    (1991, October 12). The New York Times. http://www.nytimes.com/1991/10/12/us/the-thomas-
    nomination-excerpts-from-senate-s-hearings-on-the-thomas-nomination.html?pagewanted=1

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 8 presentation (PowerPoint) or Chapter 8 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 8 questions in your textbook on pages 319–322.

    **## UnitVIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VIII

    Upon completion of this unit, students should be able to:

    1. Discuss the legal significance of the employer-employee relationship.
    1.1 Examine the termination of the employer-employee relationship.
    1.2 Apply exceptions to the employment at-will doctrine.

    Required Unit Resources

    Chapter 16: Terminating Individual Employees, pp. 637–669

    Unit Lesson

    The first unit of the course examined the concept of employment at will and the fact that the concept is not an
    absolute. Subsequent units further explored how employment at will is modified through employment laws
    that confer rights on employees and impose obligations on employers. This unit will now review exceptions to
    the doctrine that are imposed by judicial decision and by the practicalities of our legal system that influence
    employer decision-making. This unit also brings the discussion full circle by focusing on the end of the
    employment relationship through involuntary termination and the significance of that action for the
    employment cycle as a whole.

    Exceptions to the employment at will rule are dependent on state law and states vary widely in the
    acceptance of exceptions. These exceptions relate to terminations that fall in the gaps between statutory
    regulation of the employment relationship and address terminations that do not strike one as just. The most
    prevalent exception is for termination for reasons that violate a state’s public policy. For example, a
    termination might be illegal if one of the following situations prompts it:

    • discrimination based on race, national origin, sex, pregnancy, religion, disability, citizenship status,
    or age;

    • retaliation for taking a leave of absence for a serious medical condition;
    • retaliation for having complained about workplace safety or a work injury; and
    • retaliation for having complained about wage violations or having filed a wage complaint.

    Even in states that do not recognize the many exceptions to the employment at will rule, it is generally
    accepted nationwide that an employee cannot be fired for serving on a jury or for refusing to break the law at
    the direction of his or her employer. Sources of public policies are state constitutions, statutes, or
    administrative regulations.

    Public policy wrongful termination cases can be costly to employers. In a Michigan case, a nurse complained
    that a coworker’s negligence resulted in a patient’s death (Landin v. HealthSource, 2014). Landin, a nurse,
    complained that a coworker was negligent in patient care. After the accused coworker became aware of
    Landin’s complaint about her, she reported Landin to management, and Landin was subsequently terminated
    for procedure violations. Landin’s termination also occurred after the employer became aware that he was
    speaking to the widow of the deceased patient. The jury found that Landin’s termination violated a public
    policy contained in Michigan’s health code that prohibits a health facility from disciplining employees who in
    good faith report the malpractice of a health professional. The jury awarded $1.2 million in damages.

    The second main exception to the employment at will rule is the implied contract. An implied contract may be
    formed when an employer makes an oral or written representation to an employee that his or her job is secure
    or that certain procedures will be followed before an employee is terminated. In the past, an implied contract

    UNIT VIII STUDY GUIDE
    Terminating the Employment Relationship

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    was found in some states from representations in an employee handbook that employees would be
    discharged only for “just cause.” In the leading case on the implied contract exception, when hired by Blue
    Cross Blue Shield of Michigan, a manager, in response to his question about job security, was told that his
    employment would be secure as long as he did his job. Additionally, the employment policies included
    statements that it was the employer’s policy to terminate employees only for “just cause” (Toussaint v. Blue
    Cross & Blue Shield, 1980).

    The court found that the manager’s representation and the provision in an employee handbook stating that an
    employee can be fired only for just cause created an implied contract if it created an expectation of job
    security in the employee. Most employers respond by including in their policies a disclaimer clearly stating
    that its policies do not create a contract for employment and carefully define the persons who have authority
    to create a contract with an employee for a definite term. Additionally, offer letters typically contain a
    statement that they do not create a contract for a definite term and that employment can be terminated at any
    time, for any reason. Despite all states not being bound to adhere to the implied contract exception, these
    disclaimers in employee handbooks and offer letters guard against expectations and potential legal problems.
    Human resources (HR) professionals should also ensure that managers understand the risks of verbally
    providing assurances of job security and that such statements can bind the employer.

    The third exception to the employment at will rule and the one recognized in the fewest states is the covenant
    of good faith and fair dealing. This exception originated in California, where an 18-year airline employee was
    terminated without any explanation. Relying in part on the length of the employee’s employment, the court
    found that the employee could not be fired without good cause. The court found a covenant of good faith and
    fair dealing in the employment relationship and a corresponding duty not to deprive the employee of the
    benefits of employment (Cleary v. American Airlines, Inc., 1980).

    There are complicated exceptions, as well as the human factor of how unpredictable juries can be in reacting
    to actual cases. As a result, employers cannot rely solely on the premise of the employment at will concept as
    a justification for termination. According to Paul Falcone (2016), in the event a case escalates to the trial
    stage, the employer must be prepared to prove that there was cause to terminate. That proof of legitimate
    cause is best substantiated by documented progressive disciplinary warnings and/or failed or negative
    reviews or evaluations. When jurors go behind closed doors, they are going to want to see that the employer
    treated the employee fairly. Jurors will see this through accurate and timely documentation of performance
    issues and efforts to work with the employee to correct the issues.

    Reducing risk in connection with employee terminations requires attention to detail and holding managers
    accountable for managing performance. A supervisor may want to terminate an employee on the spot when
    there is no documentation of performance issues, or when the reasons are subjective ones such as “not a
    good fit” or “not a team player.” However, efforts must made to identify if there are objective factors that
    support termination. Further, documentation of reasons for termination should occur before an employee is
    fired; collecting information after an employee is terminated can be viewed as an effort to justify a termination
    that was rushed and not well thought through.

    Another tool to reduce risk is to have someone in HR review all termination decisions to ensure they are
    appropriate, documented, and consistent with how the organization has handled similar situations. Some
    organizations utilize a committee to review the case for termination, review the employee’s file, ask questions
    about the decision, and make a determination based on knowledge of the organization’s historic approach
    and how the circumstances of the particular case fit into that approach. It is highly recommended for the
    employer to consult with counsel when there are significant risk factors. A process such as this can not only
    reduce risk before a termination is implemented but demonstrate to a jury that the employer takes each
    termination seriously and utilizes a process to ensure employees are treated fairly and consistently.

    Just as important is the goal to reduce risk in the execution of the termination decision. The best approach is
    for the employee’s direct manager and a witness, preferably an HR representative who will take notes to
    document what is said amongst parties, attend a termination meeting. The meeting should have a clear plan
    and defined roles in advance; what will be said and who will say it should be determined. A clear statement of
    the grounds for termination should be prepared, documented, and delivered verbally to the employee. Some
    states require employers to provide a written reason to the employee at the termination meeting, and some
    require a termination letter if requested by an employee (“Termination,” 2015). While stating the reason for
    termination may be awkward, providing no reason, making vague or inconsistent statements, or giving too

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    much information can cause employees to believe they were unfairly treated and cause them to take legal
    action. It is best to be honest and be brief.

    No employer wants to find its name in the news or on the defending side of a lawsuit after it terminates an
    employee. Besides the obvious costs, damage can occur in critical areas of recruiting, retention, and morale.
    HR professionals play key roles in making sure the appropriate and required factors are weighed fairly in
    decisions about whether to terminate employment. HR professionals must remove the emotion from the
    decision and consider what is best for the organization. They must lead the way in reducing risk through
    application of their legal knowledge and by treating people with dignity and respect.

    References

    Cleary v. American Airlines, Inc., 111 Cal. App. 3d 443 (1980).

    Falcone, P. (2016, September 26). Employment-at-will vs. the discharge-for-just-cause-only standard: A

    critical employment law distinction. Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employment-
    at-will.aspx

    Roberto Landin v. HealthSource Saginaw, Inc., 854 N.W.2d 152 (2014).

    Termination: Should a company provide a terminated employee with a reason for the termination? (2015,

    March 25). Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/tools-and-samples/hr-
    qa/pages/shouldacompanyprovideterminatedemployeewithareasonforthetermination.aspx

    Toussaint v. Blue Cross & Blue Shield, of Michigan, 408 Mich. 579, 292 N.W. 2d 880 (1980).

    Suggested Unit Resources

    You are encouraged to read the remainder of Chapter 16 in your textbook, which continues this unit’s
    discussion of additional issues involved in the termination of employees.

    Chapter 16: Terminating Individual Employees, pp. 670–696

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 16 presentation (PowerPoint) or Chapter 16 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 16 questions in your textbook on pages 697–701.

    **## UnitVIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VIII

    Upon completion of this unit, students should be able to:

    1. Discuss the legal significance of the employer-employee relationship.
    1.1 Examine the termination of the employer-employee relationship.
    1.2 Apply exceptions to the employment at-will doctrine.

    Required Unit Resources

    Chapter 16: Terminating Individual Employees, pp. 637–669

    Unit Lesson

    The first unit of the course examined the concept of employment at will and the fact that the concept is not an
    absolute. Subsequent units further explored how employment at will is modified through employment laws
    that confer rights on employees and impose obligations on employers. This unit will now review exceptions to
    the doctrine that are imposed by judicial decision and by the practicalities of our legal system that influence
    employer decision-making. This unit also brings the discussion full circle by focusing on the end of the
    employment relationship through involuntary termination and the significance of that action for the
    employment cycle as a whole.

    Exceptions to the employment at will rule are dependent on state law and states vary widely in the
    acceptance of exceptions. These exceptions relate to terminations that fall in the gaps between statutory
    regulation of the employment relationship and address terminations that do not strike one as just. The most
    prevalent exception is for termination for reasons that violate a state’s public policy. For example, a
    termination might be illegal if one of the following situations prompts it:

    • discrimination based on race, national origin, sex, pregnancy, religion, disability, citizenship status,
    or age;

    • retaliation for taking a leave of absence for a serious medical condition;
    • retaliation for having complained about workplace safety or a work injury; and
    • retaliation for having complained about wage violations or having filed a wage complaint.

    Even in states that do not recognize the many exceptions to the employment at will rule, it is generally
    accepted nationwide that an employee cannot be fired for serving on a jury or for refusing to break the law at
    the direction of his or her employer. Sources of public policies are state constitutions, statutes, or
    administrative regulations.

    Public policy wrongful termination cases can be costly to employers. In a Michigan case, a nurse complained
    that a coworker’s negligence resulted in a patient’s death (Landin v. HealthSource, 2014). Landin, a nurse,
    complained that a coworker was negligent in patient care. After the accused coworker became aware of
    Landin’s complaint about her, she reported Landin to management, and Landin was subsequently terminated
    for procedure violations. Landin’s termination also occurred after the employer became aware that he was
    speaking to the widow of the deceased patient. The jury found that Landin’s termination violated a public
    policy contained in Michigan’s health code that prohibits a health facility from disciplining employees who in
    good faith report the malpractice of a health professional. The jury awarded $1.2 million in damages.

    The second main exception to the employment at will rule is the implied contract. An implied contract may be
    formed when an employer makes an oral or written representation to an employee that his or her job is secure
    or that certain procedures will be followed before an employee is terminated. In the past, an implied contract

    UNIT VIII STUDY GUIDE
    Terminating the Employment Relationship

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    was found in some states from representations in an employee handbook that employees would be
    discharged only for “just cause.” In the leading case on the implied contract exception, when hired by Blue
    Cross Blue Shield of Michigan, a manager, in response to his question about job security, was told that his
    employment would be secure as long as he did his job. Additionally, the employment policies included
    statements that it was the employer’s policy to terminate employees only for “just cause” (Toussaint v. Blue
    Cross & Blue Shield, 1980).

    The court found that the manager’s representation and the provision in an employee handbook stating that an
    employee can be fired only for just cause created an implied contract if it created an expectation of job
    security in the employee. Most employers respond by including in their policies a disclaimer clearly stating
    that its policies do not create a contract for employment and carefully define the persons who have authority
    to create a contract with an employee for a definite term. Additionally, offer letters typically contain a
    statement that they do not create a contract for a definite term and that employment can be terminated at any
    time, for any reason. Despite all states not being bound to adhere to the implied contract exception, these
    disclaimers in employee handbooks and offer letters guard against expectations and potential legal problems.
    Human resources (HR) professionals should also ensure that managers understand the risks of verbally
    providing assurances of job security and that such statements can bind the employer.

    The third exception to the employment at will rule and the one recognized in the fewest states is the covenant
    of good faith and fair dealing. This exception originated in California, where an 18-year airline employee was
    terminated without any explanation. Relying in part on the length of the employee’s employment, the court
    found that the employee could not be fired without good cause. The court found a covenant of good faith and
    fair dealing in the employment relationship and a corresponding duty not to deprive the employee of the
    benefits of employment (Cleary v. American Airlines, Inc., 1980).

    There are complicated exceptions, as well as the human factor of how unpredictable juries can be in reacting
    to actual cases. As a result, employers cannot rely solely on the premise of the employment at will concept as
    a justification for termination. According to Paul Falcone (2016), in the event a case escalates to the trial
    stage, the employer must be prepared to prove that there was cause to terminate. That proof of legitimate
    cause is best substantiated by documented progressive disciplinary warnings and/or failed or negative
    reviews or evaluations. When jurors go behind closed doors, they are going to want to see that the employer
    treated the employee fairly. Jurors will see this through accurate and timely documentation of performance
    issues and efforts to work with the employee to correct the issues.

    Reducing risk in connection with employee terminations requires attention to detail and holding managers
    accountable for managing performance. A supervisor may want to terminate an employee on the spot when
    there is no documentation of performance issues, or when the reasons are subjective ones such as “not a
    good fit” or “not a team player.” However, efforts must made to identify if there are objective factors that
    support termination. Further, documentation of reasons for termination should occur before an employee is
    fired; collecting information after an employee is terminated can be viewed as an effort to justify a termination
    that was rushed and not well thought through.

    Another tool to reduce risk is to have someone in HR review all termination decisions to ensure they are
    appropriate, documented, and consistent with how the organization has handled similar situations. Some
    organizations utilize a committee to review the case for termination, review the employee’s file, ask questions
    about the decision, and make a determination based on knowledge of the organization’s historic approach
    and how the circumstances of the particular case fit into that approach. It is highly recommended for the
    employer to consult with counsel when there are significant risk factors. A process such as this can not only
    reduce risk before a termination is implemented but demonstrate to a jury that the employer takes each
    termination seriously and utilizes a process to ensure employees are treated fairly and consistently.

    Just as important is the goal to reduce risk in the execution of the termination decision. The best approach is
    for the employee’s direct manager and a witness, preferably an HR representative who will take notes to
    document what is said amongst parties, attend a termination meeting. The meeting should have a clear plan
    and defined roles in advance; what will be said and who will say it should be determined. A clear statement of
    the grounds for termination should be prepared, documented, and delivered verbally to the employee. Some
    states require employers to provide a written reason to the employee at the termination meeting, and some
    require a termination letter if requested by an employee (“Termination,” 2015). While stating the reason for
    termination may be awkward, providing no reason, making vague or inconsistent statements, or giving too

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    much information can cause employees to believe they were unfairly treated and cause them to take legal
    action. It is best to be honest and be brief.

    No employer wants to find its name in the news or on the defending side of a lawsuit after it terminates an
    employee. Besides the obvious costs, damage can occur in critical areas of recruiting, retention, and morale.
    HR professionals play key roles in making sure the appropriate and required factors are weighed fairly in
    decisions about whether to terminate employment. HR professionals must remove the emotion from the
    decision and consider what is best for the organization. They must lead the way in reducing risk through
    application of their legal knowledge and by treating people with dignity and respect.

    References

    Cleary v. American Airlines, Inc., 111 Cal. App. 3d 443 (1980).

    Falcone, P. (2016, September 26). Employment-at-will vs. the discharge-for-just-cause-only standard: A

    critical employment law distinction. Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employment-
    at-will.aspx

    Roberto Landin v. HealthSource Saginaw, Inc., 854 N.W.2d 152 (2014).

    Termination: Should a company provide a terminated employee with a reason for the termination? (2015,

    March 25). Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/tools-and-samples/hr-
    qa/pages/shouldacompanyprovideterminatedemployeewithareasonforthetermination.aspx

    Toussaint v. Blue Cross & Blue Shield, of Michigan, 408 Mich. 579, 292 N.W. 2d 880 (1980).

    Suggested Unit Resources

    You are encouraged to read the remainder of Chapter 16 in your textbook, which continues this unit’s
    discussion of additional issues involved in the termination of employees.

    Chapter 16: Terminating Individual Employees, pp. 670–696

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 16 presentation (PowerPoint) or Chapter 16 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 16 questions in your textbook on pages 697–701.

    **## UnitIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit III

    Upon completion of this unit, students should be able to:

    2. Summarize Title VII of the Civil Rights Act of 1964.
    2.1 Identify the conduct that constitutes sexual harassment.
    2.2 Analyze the protection against sexual harassment under Title VII.

    3. Analyze the impact that workplace sexual harassment has on an organization.

    3.1 Summarize the prevalence and cost of harassment in the workplace.
    3.2 Analyze the appropriate response of employers to harassment and ways to prevent its

    occurrence.

    Required Unit Resources

    Chapter 8: Harassment, pp. 281–318

    Unit Lesson

    It is hard to imagine a more perfect example of alleged sexual harassment in the workplace than played out in
    the hearings to confirm Clarence Thomas as a Supreme Court justice in 1991. Many in human resources
    (HR) and employment law watched the testimony of Anita Hill with great interest, but few could have known
    how significantly this event would affect the workplace and the work of employment lawyers and human
    resource professionals. While the nation watched, Hill described under oath how Thomas allegedly harassed
    her while she worked for him from 1981 to 1983 in federal government agencies. Hill claimed that Thomas
    talked about scenes in pornographic movies and images in pornographic materials, as well as boasting of his
    own sexual abilities (“The Thomas Nomination,” 1991). Thomas’ strong denial and the lack of witnesses to
    any of the alleged interaction set the stage for a classic he said/she said scenario. The he-said side of the
    equation carried the day, and Thomas ended up being confirmed by the Senate by a slim margin.
    Nevertheless, sexual harassment took a great leap forward in public consciousness.

    With sex added as a protected category in the last days before Congress voted on the Civil Rights Act of
    1964, sexual harassment was likely not even on the radar of the drafters. According to Cohen (2016), sexual
    harassment has been around as long as women have been in the workplace. As women began to employ in
    numbers in manufacturing and clerical roles in the early 20th century, they faced physical and verbal assaults
    by male managers. This conduct continued for decades and women had only the options of enduring sexually
    harassing conduct or quitting. Complaining was ineffective; at most, women were told the conduct was
    harmless and complainers were frequently retaliated against (Cohen, 2016).

    Title VII’s passage laid the groundwork for a legal remedy for sexual harassment, but it was not until 1975 that
    the term sexual harassment was coined (Cohen, 2016). Then, in the late 1970s, attorney Catharine
    MacKinnon developed the legal theory for sexual harassment as a violation of Title VII, including the concept
    of hostile work environment. Until this theory was tested and upheld by the Supreme Court in Meritor Savings
    Bank. v. Vinson, (1986), courts followed the “boys will be boys” thinking that left women vulnerable to
    environmental harassment (Strebeigh, 1991).

    How far have we come since the 1970s when a 1976 survey by Redbook found that 80 percent of working
    women reported that they had been sexually harassed in the workplace? Unfortunately, we have not come as
    far as you might expect. The continuing problem of workplace sexual harassment is reflected in recent
    surveys cited by Feldblum and Lipnic (2016) in the Equal Employment Opportunity Commission’s (EEOC)
    Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.

    UNIT III STUDY GUIDE
    Harassment in the Workplace

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    According to Feldblum and Lipnic (2016), approximately 25 percent of women reported sexual harassment in
    the workplace. However, when the term sexual harassment was defined in terms of specific behaviors such
    as unwanted sexual attention or sexual coercion, the rate of women who reported experiencing sexual
    harassment rose to 40 percent. The number rose further to 60 percent when sexist or crude and offensive
    behavior was included in the survey. Reflecting this problem, approximately one third of the charges filed with
    EEOC in fiscal year 2015 included a claim of harassment, and 45 percent of those alleged sexual harassment
    (Feldblum & Lipnic, 2016).

    Many persons subjected to sexual harassment do not report it, let alone file a charge of harassment. Internal
    reports should be viewed by organizations as an opportunity to investigate the concern, reach a finding, and
    take appropriate steps based on that finding. Investigations can be stressful for the participants and the
    organization, but they can lay the groundwork for resolution in an efficient and productive way. In one
    situation, a nurse complained about an incident at the annual social gathering for the maternity and obstetrics
    practice for which she worked. She reported to the office administrator that at the party, while her husband
    was not present, one of the doctors approached her, complimented her dress, and put his arm around her,
    squeezing her breast as he did so. The investigation revealed no witnesses and the doctor adamantly denied
    the allegation. However, the nurse’s excellent record, her credibility and lack of a motive to fabricate, and the
    doctor’s questionable behavior and comments toward other staff tilted the scales in favor of a finding the
    conduct more likely than not occurred.

    This created a dilemma for the other doctors in the practice: ignore the findings and retain a close colleague,
    take steps to reprimand him, or remove him from the practice. Investigations of harassment sometimes yield
    findings that require difficult choices by the organization, but they also reinforce the organization’s
    commitment to a harassment-free workplace and can fend off costly litigation if handled appropriately.

    The process that played out in the medical practice follows from important developments in workplace
    harassment stemming from two key Supreme Court decisions in 1998. In Faragher v. City of Boca Raton
    (1998) and Burlington Industries, Inc. v. Ellerth (1998), the Supreme Court resolved questions about the
    employer’s liability for supervisor sexual harassment and provided an affirmative defense to situations when a
    supervisor harasses a subordinate. Courts had struggled with when to hold employers liable for conduct by
    supervisors who violated employer policies, some following the theory that employers are liable for actions of
    their managers, but others reluctant to hold employers liable for the supervisors’ conduct that the employers
    had prohibited. The Supreme Court held that if an employer has a policy that prohibits harassment, provides a
    method for reporting such harassment, investigates reports, and takes corrective action to stop harassment if
    it is found to have occurred, the employer could defend itself against a legal claim even if a supervisor
    harassed an employee. Thus, in the medical practice situation, if the practice took steps to discipline the
    doctor and prevent him from harassing the nurse or others in the future, it could defend itself against a
    lawsuit. If it failed to take corrective action against the doctor, the practice had a strong risk of being
    successfully sued.

    The costs of harassment in the workplace are not easily quantifiable. However, they are real. Feldblum and
    Lipnic (2016) reported that the EEOC obtained approximately $160 million in harassment cases in fiscal year
    2015, combining pre-litigation settlements and damages in lawsuits filed by the EEOC. However, this does
    not include lawsuits in which EEOC was not involved. In addition to legal damages, costs include legal fees
    and the less quantifiable loss of productivity in the workplace caused by harassment and its aftermath.

    Employers can seek to minimize harassment in the workplace through demonstrated commitment to
    harassment-free workplaces at the highest levels in the organization in the form of communication of policy
    and complaint procedure, periodic training of employees and supervisors, and prompt response to complaints
    of harassment. Training is a key component of any organizational program, but organizations are often
    reluctant to make the financial commitment to meaningful and effective training. All too often, training is not a
    priority until there has been an incident of workplace harassment. At that point, however, employees may
    view the training cynically as merely a reaction to a legal threat, rather than a true commitment to ensuring
    that all employees are comfortable in the work environment. Training is most effective as an integral part of an
    overall culture putting the highest priority on respect in the workplace and creating clear avenues for
    communicating concerns.

    In the second decade of the 21st century, 25 years after Anita Hill went before the Senate, the scorecard on
    eliminating sexual and other harassment in the workplace is far from acceptable. In some ways, we have

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    seen substantial advancements in workplaces where respect for women as well as all persons is
    demonstrated at the highest levels in the organization, and harassment is not tolerated. In other ways,
    however, there is still much room for improvement, particularly in industries where women have only recently
    begun to appear in greater numbers and in areas of work where improper behavior is tolerated because of the
    levels of stress and risk, such as law and medicine. Human resources professionals will lead the way on
    these necessary improvements and will need to gain the full support of their organizations for their efforts to
    be successful.

    References

    Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

    Cohen, S. (2016, April 11). A brief history of sexual harassment in America before Anita Hill. Time.

    http://time.com/4286575/sexual-harassment-before-anita-hill/

    Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

    Feldblum, C. R., & Lipnic, V. A. (2016, June). Report of the co-chairs of the EEOC Select task force on the

    study of harassment in the workplace. https://www.eeoc.gov/june-2016-report-co-chairs-select-task-
    force-study-harassment-workplace

    Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

    Strebeigh, F. (1991, October 6). Defining law on the feminist frontier. New York Times Magazine.

    http://www.equalwomen.com/nytmagazine1991.html

    The Thomas nomination; Excerpts from Senate's hearings on the Thomas nomination [Interview transcript].

    (1991, October 12). The New York Times. http://www.nytimes.com/1991/10/12/us/the-thomas-
    nomination-excerpts-from-senate-s-hearings-on-the-thomas-nomination.html?pagewanted=1

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 8 presentation (PowerPoint) or Chapter 8 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 8 questions in your textbook on pages 319–322.

    **## UnitVIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VIII

    Upon completion of this unit, students should be able to:

    1. Discuss the legal significance of the employer-employee relationship.
    1.1 Examine the termination of the employer-employee relationship.
    1.2 Apply exceptions to the employment at-will doctrine.

    Required Unit Resources

    Chapter 16: Terminating Individual Employees, pp. 637–669

    Unit Lesson

    The first unit of the course examined the concept of employment at will and the fact that the concept is not an
    absolute. Subsequent units further explored how employment at will is modified through employment laws
    that confer rights on employees and impose obligations on employers. This unit will now review exceptions to
    the doctrine that are imposed by judicial decision and by the practicalities of our legal system that influence
    employer decision-making. This unit also brings the discussion full circle by focusing on the end of the
    employment relationship through involuntary termination and the significance of that action for the
    employment cycle as a whole.

    Exceptions to the employment at will rule are dependent on state law and states vary widely in the
    acceptance of exceptions. These exceptions relate to terminations that fall in the gaps between statutory
    regulation of the employment relationship and address terminations that do not strike one as just. The most
    prevalent exception is for termination for reasons that violate a state’s public policy. For example, a
    termination might be illegal if one of the following situations prompts it:

    • discrimination based on race, national origin, sex, pregnancy, religion, disability, citizenship status,
    or age;

    • retaliation for taking a leave of absence for a serious medical condition;
    • retaliation for having complained about workplace safety or a work injury; and
    • retaliation for having complained about wage violations or having filed a wage complaint.

    Even in states that do not recognize the many exceptions to the employment at will rule, it is generally
    accepted nationwide that an employee cannot be fired for serving on a jury or for refusing to break the law at
    the direction of his or her employer. Sources of public policies are state constitutions, statutes, or
    administrative regulations.

    Public policy wrongful termination cases can be costly to employers. In a Michigan case, a nurse complained
    that a coworker’s negligence resulted in a patient’s death (Landin v. HealthSource, 2014). Landin, a nurse,
    complained that a coworker was negligent in patient care. After the accused coworker became aware of
    Landin’s complaint about her, she reported Landin to management, and Landin was subsequently terminated
    for procedure violations. Landin’s termination also occurred after the employer became aware that he was
    speaking to the widow of the deceased patient. The jury found that Landin’s termination violated a public
    policy contained in Michigan’s health code that prohibits a health facility from disciplining employees who in
    good faith report the malpractice of a health professional. The jury awarded $1.2 million in damages.

    The second main exception to the employment at will rule is the implied contract. An implied contract may be
    formed when an employer makes an oral or written representation to an employee that his or her job is secure
    or that certain procedures will be followed before an employee is terminated. In the past, an implied contract

    UNIT VIII STUDY GUIDE
    Terminating the Employment Relationship

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    was found in some states from representations in an employee handbook that employees would be
    discharged only for “just cause.” In the leading case on the implied contract exception, when hired by Blue
    Cross Blue Shield of Michigan, a manager, in response to his question about job security, was told that his
    employment would be secure as long as he did his job. Additionally, the employment policies included
    statements that it was the employer’s policy to terminate employees only for “just cause” (Toussaint v. Blue
    Cross & Blue Shield, 1980).

    The court found that the manager’s representation and the provision in an employee handbook stating that an
    employee can be fired only for just cause created an implied contract if it created an expectation of job
    security in the employee. Most employers respond by including in their policies a disclaimer clearly stating
    that its policies do not create a contract for employment and carefully define the persons who have authority
    to create a contract with an employee for a definite term. Additionally, offer letters typically contain a
    statement that they do not create a contract for a definite term and that employment can be terminated at any
    time, for any reason. Despite all states not being bound to adhere to the implied contract exception, these
    disclaimers in employee handbooks and offer letters guard against expectations and potential legal problems.
    Human resources (HR) professionals should also ensure that managers understand the risks of verbally
    providing assurances of job security and that such statements can bind the employer.

    The third exception to the employment at will rule and the one recognized in the fewest states is the covenant
    of good faith and fair dealing. This exception originated in California, where an 18-year airline employee was
    terminated without any explanation. Relying in part on the length of the employee’s employment, the court
    found that the employee could not be fired without good cause. The court found a covenant of good faith and
    fair dealing in the employment relationship and a corresponding duty not to deprive the employee of the
    benefits of employment (Cleary v. American Airlines, Inc., 1980).

    There are complicated exceptions, as well as the human factor of how unpredictable juries can be in reacting
    to actual cases. As a result, employers cannot rely solely on the premise of the employment at will concept as
    a justification for termination. According to Paul Falcone (2016), in the event a case escalates to the trial
    stage, the employer must be prepared to prove that there was cause to terminate. That proof of legitimate
    cause is best substantiated by documented progressive disciplinary warnings and/or failed or negative
    reviews or evaluations. When jurors go behind closed doors, they are going to want to see that the employer
    treated the employee fairly. Jurors will see this through accurate and timely documentation of performance
    issues and efforts to work with the employee to correct the issues.

    Reducing risk in connection with employee terminations requires attention to detail and holding managers
    accountable for managing performance. A supervisor may want to terminate an employee on the spot when
    there is no documentation of performance issues, or when the reasons are subjective ones such as “not a
    good fit” or “not a team player.” However, efforts must made to identify if there are objective factors that
    support termination. Further, documentation of reasons for termination should occur before an employee is
    fired; collecting information after an employee is terminated can be viewed as an effort to justify a termination
    that was rushed and not well thought through.

    Another tool to reduce risk is to have someone in HR review all termination decisions to ensure they are
    appropriate, documented, and consistent with how the organization has handled similar situations. Some
    organizations utilize a committee to review the case for termination, review the employee’s file, ask questions
    about the decision, and make a determination based on knowledge of the organization’s historic approach
    and how the circumstances of the particular case fit into that approach. It is highly recommended for the
    employer to consult with counsel when there are significant risk factors. A process such as this can not only
    reduce risk before a termination is implemented but demonstrate to a jury that the employer takes each
    termination seriously and utilizes a process to ensure employees are treated fairly and consistently.

    Just as important is the goal to reduce risk in the execution of the termination decision. The best approach is
    for the employee’s direct manager and a witness, preferably an HR representative who will take notes to
    document what is said amongst parties, attend a termination meeting. The meeting should have a clear plan
    and defined roles in advance; what will be said and who will say it should be determined. A clear statement of
    the grounds for termination should be prepared, documented, and delivered verbally to the employee. Some
    states require employers to provide a written reason to the employee at the termination meeting, and some
    require a termination letter if requested by an employee (“Termination,” 2015). While stating the reason for
    termination may be awkward, providing no reason, making vague or inconsistent statements, or giving too

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    much information can cause employees to believe they were unfairly treated and cause them to take legal
    action. It is best to be honest and be brief.

    No employer wants to find its name in the news or on the defending side of a lawsuit after it terminates an
    employee. Besides the obvious costs, damage can occur in critical areas of recruiting, retention, and morale.
    HR professionals play key roles in making sure the appropriate and required factors are weighed fairly in
    decisions about whether to terminate employment. HR professionals must remove the emotion from the
    decision and consider what is best for the organization. They must lead the way in reducing risk through
    application of their legal knowledge and by treating people with dignity and respect.

    References

    Cleary v. American Airlines, Inc., 111 Cal. App. 3d 443 (1980).

    Falcone, P. (2016, September 26). Employment-at-will vs. the discharge-for-just-cause-only standard: A

    critical employment law distinction. Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employment-
    at-will.aspx

    Roberto Landin v. HealthSource Saginaw, Inc., 854 N.W.2d 152 (2014).

    Termination: Should a company provide a terminated employee with a reason for the termination? (2015,

    March 25). Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/tools-and-samples/hr-
    qa/pages/shouldacompanyprovideterminatedemployeewithareasonforthetermination.aspx

    Toussaint v. Blue Cross & Blue Shield, of Michigan, 408 Mich. 579, 292 N.W. 2d 880 (1980).

    Suggested Unit Resources

    You are encouraged to read the remainder of Chapter 16 in your textbook, which continues this unit’s
    discussion of additional issues involved in the termination of employees.

    Chapter 16: Terminating Individual Employees, pp. 670–696

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 16 presentation (PowerPoint) or Chapter 16 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 16 questions in your textbook on pages 697–701.

    **## UnitIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit III

    Upon completion of this unit, students should be able to:

    2. Summarize Title VII of the Civil Rights Act of 1964.
    2.1 Identify the conduct that constitutes sexual harassment.
    2.2 Analyze the protection against sexual harassment under Title VII.

    3. Analyze the impact that workplace sexual harassment has on an organization.

    3.1 Summarize the prevalence and cost of harassment in the workplace.
    3.2 Analyze the appropriate response of employers to harassment and ways to prevent its

    occurrence.

    Required Unit Resources

    Chapter 8: Harassment, pp. 281–318

    Unit Lesson

    It is hard to imagine a more perfect example of alleged sexual harassment in the workplace than played out in
    the hearings to confirm Clarence Thomas as a Supreme Court justice in 1991. Many in human resources
    (HR) and employment law watched the testimony of Anita Hill with great interest, but few could have known
    how significantly this event would affect the workplace and the work of employment lawyers and human
    resource professionals. While the nation watched, Hill described under oath how Thomas allegedly harassed
    her while she worked for him from 1981 to 1983 in federal government agencies. Hill claimed that Thomas
    talked about scenes in pornographic movies and images in pornographic materials, as well as boasting of his
    own sexual abilities (“The Thomas Nomination,” 1991). Thomas’ strong denial and the lack of witnesses to
    any of the alleged interaction set the stage for a classic he said/she said scenario. The he-said side of the
    equation carried the day, and Thomas ended up being confirmed by the Senate by a slim margin.
    Nevertheless, sexual harassment took a great leap forward in public consciousness.

    With sex added as a protected category in the last days before Congress voted on the Civil Rights Act of
    1964, sexual harassment was likely not even on the radar of the drafters. According to Cohen (2016), sexual
    harassment has been around as long as women have been in the workplace. As women began to employ in
    numbers in manufacturing and clerical roles in the early 20th century, they faced physical and verbal assaults
    by male managers. This conduct continued for decades and women had only the options of enduring sexually
    harassing conduct or quitting. Complaining was ineffective; at most, women were told the conduct was
    harmless and complainers were frequently retaliated against (Cohen, 2016).

    Title VII’s passage laid the groundwork for a legal remedy for sexual harassment, but it was not until 1975 that
    the term sexual harassment was coined (Cohen, 2016). Then, in the late 1970s, attorney Catharine
    MacKinnon developed the legal theory for sexual harassment as a violation of Title VII, including the concept
    of hostile work environment. Until this theory was tested and upheld by the Supreme Court in Meritor Savings
    Bank. v. Vinson, (1986), courts followed the “boys will be boys” thinking that left women vulnerable to
    environmental harassment (Strebeigh, 1991).

    How far have we come since the 1970s when a 1976 survey by Redbook found that 80 percent of working
    women reported that they had been sexually harassed in the workplace? Unfortunately, we have not come as
    far as you might expect. The continuing problem of workplace sexual harassment is reflected in recent
    surveys cited by Feldblum and Lipnic (2016) in the Equal Employment Opportunity Commission’s (EEOC)
    Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.

    UNIT III STUDY GUIDE
    Harassment in the Workplace

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    According to Feldblum and Lipnic (2016), approximately 25 percent of women reported sexual harassment in
    the workplace. However, when the term sexual harassment was defined in terms of specific behaviors such
    as unwanted sexual attention or sexual coercion, the rate of women who reported experiencing sexual
    harassment rose to 40 percent. The number rose further to 60 percent when sexist or crude and offensive
    behavior was included in the survey. Reflecting this problem, approximately one third of the charges filed with
    EEOC in fiscal year 2015 included a claim of harassment, and 45 percent of those alleged sexual harassment
    (Feldblum & Lipnic, 2016).

    Many persons subjected to sexual harassment do not report it, let alone file a charge of harassment. Internal
    reports should be viewed by organizations as an opportunity to investigate the concern, reach a finding, and
    take appropriate steps based on that finding. Investigations can be stressful for the participants and the
    organization, but they can lay the groundwork for resolution in an efficient and productive way. In one
    situation, a nurse complained about an incident at the annual social gathering for the maternity and obstetrics
    practice for which she worked. She reported to the office administrator that at the party, while her husband
    was not present, one of the doctors approached her, complimented her dress, and put his arm around her,
    squeezing her breast as he did so. The investigation revealed no witnesses and the doctor adamantly denied
    the allegation. However, the nurse’s excellent record, her credibility and lack of a motive to fabricate, and the
    doctor’s questionable behavior and comments toward other staff tilted the scales in favor of a finding the
    conduct more likely than not occurred.

    This created a dilemma for the other doctors in the practice: ignore the findings and retain a close colleague,
    take steps to reprimand him, or remove him from the practice. Investigations of harassment sometimes yield
    findings that require difficult choices by the organization, but they also reinforce the organization’s
    commitment to a harassment-free workplace and can fend off costly litigation if handled appropriately.

    The process that played out in the medical practice follows from important developments in workplace
    harassment stemming from two key Supreme Court decisions in 1998. In Faragher v. City of Boca Raton
    (1998) and Burlington Industries, Inc. v. Ellerth (1998), the Supreme Court resolved questions about the
    employer’s liability for supervisor sexual harassment and provided an affirmative defense to situations when a
    supervisor harasses a subordinate. Courts had struggled with when to hold employers liable for conduct by
    supervisors who violated employer policies, some following the theory that employers are liable for actions of
    their managers, but others reluctant to hold employers liable for the supervisors’ conduct that the employers
    had prohibited. The Supreme Court held that if an employer has a policy that prohibits harassment, provides a
    method for reporting such harassment, investigates reports, and takes corrective action to stop harassment if
    it is found to have occurred, the employer could defend itself against a legal claim even if a supervisor
    harassed an employee. Thus, in the medical practice situation, if the practice took steps to discipline the
    doctor and prevent him from harassing the nurse or others in the future, it could defend itself against a
    lawsuit. If it failed to take corrective action against the doctor, the practice had a strong risk of being
    successfully sued.

    The costs of harassment in the workplace are not easily quantifiable. However, they are real. Feldblum and
    Lipnic (2016) reported that the EEOC obtained approximately $160 million in harassment cases in fiscal year
    2015, combining pre-litigation settlements and damages in lawsuits filed by the EEOC. However, this does
    not include lawsuits in which EEOC was not involved. In addition to legal damages, costs include legal fees
    and the less quantifiable loss of productivity in the workplace caused by harassment and its aftermath.

    Employers can seek to minimize harassment in the workplace through demonstrated commitment to
    harassment-free workplaces at the highest levels in the organization in the form of communication of policy
    and complaint procedure, periodic training of employees and supervisors, and prompt response to complaints
    of harassment. Training is a key component of any organizational program, but organizations are often
    reluctant to make the financial commitment to meaningful and effective training. All too often, training is not a
    priority until there has been an incident of workplace harassment. At that point, however, employees may
    view the training cynically as merely a reaction to a legal threat, rather than a true commitment to ensuring
    that all employees are comfortable in the work environment. Training is most effective as an integral part of an
    overall culture putting the highest priority on respect in the workplace and creating clear avenues for
    communicating concerns.

    In the second decade of the 21st century, 25 years after Anita Hill went before the Senate, the scorecard on
    eliminating sexual and other harassment in the workplace is far from acceptable. In some ways, we have

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    Title

    seen substantial advancements in workplaces where respect for women as well as all persons is
    demonstrated at the highest levels in the organization, and harassment is not tolerated. In other ways,
    however, there is still much room for improvement, particularly in industries where women have only recently
    begun to appear in greater numbers and in areas of work where improper behavior is tolerated because of the
    levels of stress and risk, such as law and medicine. Human resources professionals will lead the way on
    these necessary improvements and will need to gain the full support of their organizations for their efforts to
    be successful.

    References

    Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

    Cohen, S. (2016, April 11). A brief history of sexual harassment in America before Anita Hill. Time.

    http://time.com/4286575/sexual-harassment-before-anita-hill/

    Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

    Feldblum, C. R., & Lipnic, V. A. (2016, June). Report of the co-chairs of the EEOC Select task force on the

    study of harassment in the workplace. https://www.eeoc.gov/june-2016-report-co-chairs-select-task-
    force-study-harassment-workplace

    Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

    Strebeigh, F. (1991, October 6). Defining law on the feminist frontier. New York Times Magazine.

    http://www.equalwomen.com/nytmagazine1991.html

    The Thomas nomination; Excerpts from Senate's hearings on the Thomas nomination [Interview transcript].

    (1991, October 12). The New York Times. http://www.nytimes.com/1991/10/12/us/the-thomas-
    nomination-excerpts-from-senate-s-hearings-on-the-thomas-nomination.html?pagewanted=1

    Suggested Unit Resources

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 8 presentation (PowerPoint) or Chapter 8 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 8 questions in your textbook on pages 319–322.

    **## UnitVIIIStudyGuide.pdf**

    HRM 6302, Employment Law 1

    Course Learning Outcomes for Unit VIII

    Upon completion of this unit, students should be able to:

    1. Discuss the legal significance of the employer-employee relationship.
    1.1 Examine the termination of the employer-employee relationship.
    1.2 Apply exceptions to the employment at-will doctrine.

    Required Unit Resources

    Chapter 16: Terminating Individual Employees, pp. 637–669

    Unit Lesson

    The first unit of the course examined the concept of employment at will and the fact that the concept is not an
    absolute. Subsequent units further explored how employment at will is modified through employment laws
    that confer rights on employees and impose obligations on employers. This unit will now review exceptions to
    the doctrine that are imposed by judicial decision and by the practicalities of our legal system that influence
    employer decision-making. This unit also brings the discussion full circle by focusing on the end of the
    employment relationship through involuntary termination and the significance of that action for the
    employment cycle as a whole.

    Exceptions to the employment at will rule are dependent on state law and states vary widely in the
    acceptance of exceptions. These exceptions relate to terminations that fall in the gaps between statutory
    regulation of the employment relationship and address terminations that do not strike one as just. The most
    prevalent exception is for termination for reasons that violate a state’s public policy. For example, a
    termination might be illegal if one of the following situations prompts it:

    • discrimination based on race, national origin, sex, pregnancy, religion, disability, citizenship status,
    or age;

    • retaliation for taking a leave of absence for a serious medical condition;
    • retaliation for having complained about workplace safety or a work injury; and
    • retaliation for having complained about wage violations or having filed a wage complaint.

    Even in states that do not recognize the many exceptions to the employment at will rule, it is generally
    accepted nationwide that an employee cannot be fired for serving on a jury or for refusing to break the law at
    the direction of his or her employer. Sources of public policies are state constitutions, statutes, or
    administrative regulations.

    Public policy wrongful termination cases can be costly to employers. In a Michigan case, a nurse complained
    that a coworker’s negligence resulted in a patient’s death (Landin v. HealthSource, 2014). Landin, a nurse,
    complained that a coworker was negligent in patient care. After the accused coworker became aware of
    Landin’s complaint about her, she reported Landin to management, and Landin was subsequently terminated
    for procedure violations. Landin’s termination also occurred after the employer became aware that he was
    speaking to the widow of the deceased patient. The jury found that Landin’s termination violated a public
    policy contained in Michigan’s health code that prohibits a health facility from disciplining employees who in
    good faith report the malpractice of a health professional. The jury awarded $1.2 million in damages.

    The second main exception to the employment at will rule is the implied contract. An implied contract may be
    formed when an employer makes an oral or written representation to an employee that his or her job is secure
    or that certain procedures will be followed before an employee is terminated. In the past, an implied contract

    UNIT VIII STUDY GUIDE
    Terminating the Employment Relationship

    HRM 6302, Employment Law 2

    UNIT x STUDY GUIDE
    Title

    was found in some states from representations in an employee handbook that employees would be
    discharged only for “just cause.” In the leading case on the implied contract exception, when hired by Blue
    Cross Blue Shield of Michigan, a manager, in response to his question about job security, was told that his
    employment would be secure as long as he did his job. Additionally, the employment policies included
    statements that it was the employer’s policy to terminate employees only for “just cause” (Toussaint v. Blue
    Cross & Blue Shield, 1980).

    The court found that the manager’s representation and the provision in an employee handbook stating that an
    employee can be fired only for just cause created an implied contract if it created an expectation of job
    security in the employee. Most employers respond by including in their policies a disclaimer clearly stating
    that its policies do not create a contract for employment and carefully define the persons who have authority
    to create a contract with an employee for a definite term. Additionally, offer letters typically contain a
    statement that they do not create a contract for a definite term and that employment can be terminated at any
    time, for any reason. Despite all states not being bound to adhere to the implied contract exception, these
    disclaimers in employee handbooks and offer letters guard against expectations and potential legal problems.
    Human resources (HR) professionals should also ensure that managers understand the risks of verbally
    providing assurances of job security and that such statements can bind the employer.

    The third exception to the employment at will rule and the one recognized in the fewest states is the covenant
    of good faith and fair dealing. This exception originated in California, where an 18-year airline employee was
    terminated without any explanation. Relying in part on the length of the employee’s employment, the court
    found that the employee could not be fired without good cause. The court found a covenant of good faith and
    fair dealing in the employment relationship and a corresponding duty not to deprive the employee of the
    benefits of employment (Cleary v. American Airlines, Inc., 1980).

    There are complicated exceptions, as well as the human factor of how unpredictable juries can be in reacting
    to actual cases. As a result, employers cannot rely solely on the premise of the employment at will concept as
    a justification for termination. According to Paul Falcone (2016), in the event a case escalates to the trial
    stage, the employer must be prepared to prove that there was cause to terminate. That proof of legitimate
    cause is best substantiated by documented progressive disciplinary warnings and/or failed or negative
    reviews or evaluations. When jurors go behind closed doors, they are going to want to see that the employer
    treated the employee fairly. Jurors will see this through accurate and timely documentation of performance
    issues and efforts to work with the employee to correct the issues.

    Reducing risk in connection with employee terminations requires attention to detail and holding managers
    accountable for managing performance. A supervisor may want to terminate an employee on the spot when
    there is no documentation of performance issues, or when the reasons are subjective ones such as “not a
    good fit” or “not a team player.” However, efforts must made to identify if there are objective factors that
    support termination. Further, documentation of reasons for termination should occur before an employee is
    fired; collecting information after an employee is terminated can be viewed as an effort to justify a termination
    that was rushed and not well thought through.

    Another tool to reduce risk is to have someone in HR review all termination decisions to ensure they are
    appropriate, documented, and consistent with how the organization has handled similar situations. Some
    organizations utilize a committee to review the case for termination, review the employee’s file, ask questions
    about the decision, and make a determination based on knowledge of the organization’s historic approach
    and how the circumstances of the particular case fit into that approach. It is highly recommended for the
    employer to consult with counsel when there are significant risk factors. A process such as this can not only
    reduce risk before a termination is implemented but demonstrate to a jury that the employer takes each
    termination seriously and utilizes a process to ensure employees are treated fairly and consistently.

    Just as important is the goal to reduce risk in the execution of the termination decision. The best approach is
    for the employee’s direct manager and a witness, preferably an HR representative who will take notes to
    document what is said amongst parties, attend a termination meeting. The meeting should have a clear plan
    and defined roles in advance; what will be said and who will say it should be determined. A clear statement of
    the grounds for termination should be prepared, documented, and delivered verbally to the employee. Some
    states require employers to provide a written reason to the employee at the termination meeting, and some
    require a termination letter if requested by an employee (“Termination,” 2015). While stating the reason for
    termination may be awkward, providing no reason, making vague or inconsistent statements, or giving too

    HRM 6302, Employment Law 3

    UNIT x STUDY GUIDE
    Title

    much information can cause employees to believe they were unfairly treated and cause them to take legal
    action. It is best to be honest and be brief.

    No employer wants to find its name in the news or on the defending side of a lawsuit after it terminates an
    employee. Besides the obvious costs, damage can occur in critical areas of recruiting, retention, and morale.
    HR professionals play key roles in making sure the appropriate and required factors are weighed fairly in
    decisions about whether to terminate employment. HR professionals must remove the emotion from the
    decision and consider what is best for the organization. They must lead the way in reducing risk through
    application of their legal knowledge and by treating people with dignity and respect.

    References

    Cleary v. American Airlines, Inc., 111 Cal. App. 3d 443 (1980).

    Falcone, P. (2016, September 26). Employment-at-will vs. the discharge-for-just-cause-only standard: A

    critical employment law distinction. Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employment-
    at-will.aspx

    Roberto Landin v. HealthSource Saginaw, Inc., 854 N.W.2d 152 (2014).

    Termination: Should a company provide a terminated employee with a reason for the termination? (2015,

    March 25). Society for Human Resource Management.
    https://www.shrm.org/resourcesandtools/tools-and-samples/hr-
    qa/pages/shouldacompanyprovideterminatedemployeewithareasonforthetermination.aspx

    Toussaint v. Blue Cross & Blue Shield, of Michigan, 408 Mich. 579, 292 N.W. 2d 880 (1980).

    Suggested Unit Resources

    You are encouraged to read the remainder of Chapter 16 in your textbook, which continues this unit’s
    discussion of additional issues involved in the termination of employees.

    Chapter 16: Terminating Individual Employees, pp. 670–696

    In order to access the following resources, click the links below.

    The following PowerPoint presentation supplements the textbook chapter reading and is provided for further
    knowledge and review of the unit materials.

    Chapter 16 presentation (PowerPoint) or Chapter 16 presentation (PDF)

    Learning Activities (Nongraded)

    Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit
    them. If you have questions, contact your instructor for further guidance and information.

    At the end of each chapter of your textbook, scenario-driven questions provide legal issues and realistic
    situations that relate to employment law. Exploring these questions allows you the opportunity to further your
    understanding of the concepts in each chapter and prepares you for similar situations you may encounter in
    your workplace.

    • Review the Chapter 16 questions in your textbook on pages 697–701.

    – 1
    – 2

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