Week 5 Discussion

By the due date assigned, submit your answers to Part 1 and Part 2 to this Discussion Area. Post the answers to both parts in one thread. Label your answers Part 1 and Part 2, but do not repeat the scenario text in your responses. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students as outlined in the expanded rubric by the end of the week.

Discussion Question Part 1

Select one of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1 – Discrimination

The Mad Beach Pub is a small casual restaurant located in YOUR STATE. The business is privately owned and currently has 4 full time employees and 15 part time employees. Mandie, a 46 year old transgender applicant for a position as a bartender was denied the position. Mandie was highly qualified, with many years of experience in waitressing and bartending; however, Joy, a 25 year old college student was hired. Joy’s experience included working as a waitress at Hooters for 1 year.
Research the state laws on non-discrimination in YOUR STATE.

Using federal law and YOUR STATE law, discuss the probable outcome of a discrimination lawsuit based on transgender.
Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Scenario 2 – Agents

Dennis and Donna Smith owned a 10-acre tract of land that they decided to sell. The couple entered into a listing agreement with Kelly McLaughlin, a licensed real estate broker. The agreement gave Kelly the exclusive right to sell the property for a period of 6 months. The Smiths agreed to pay Kelly a 6% commission of the selling price if a buyer was found during the listing period. Four months later, the Smiths sent Kelly a letter terminating the listing agreement. Kelly did not approve of the conditions. One month later, Kelly presented a full price offer to the Smiths; however, they ignored the offer and sold the property to another buyer. Kelly sued the Smiths for breach of the agency agreement.

Which party wins the lawsuit?
Did the Smiths act ethically in this case?

Scenario 3 – Agency and Liability for Agents

Greg hired Drake’s Renovations to remodel his kitchen and one bathroom for $15,000. Drake was required to follow the plans and instructions provided by Greg and complete the work by rooms by June 30. Drake had the exclusive right to control the manner and method for performing the work, including the right to select other workers and tools used. One day, two of Drake’s employees were unloading a spa tub for Greg’s bathroom. Startled by a noise, the employee turned quickly and the tub struck Sandy, who was walking her dog. Sandy tripped and hit her head on the pavement. The dog broke loose, bit Drake’s employee, and then ran off.

Explain the relationship between Greg and Drake’s Renovations. What are the rights and responsibilities of each party?
Which party is liable for Sandy’s injuries?
Which party is liable for the injuries to the employee?

Discussion Question Part II

Select two of the topics from the list. Provide information about how your new company will handle the topics selected.

Employment discrimination
Independent contractors
Negligent hiring
Union organization
Drug testing
Electronic monitoring of company-owned computers, cell phones and/or vehicles
Employee use of social media