MGT 380 WED. FINAL EXAM ISSUE LIST
The following topics may be covered on the final exam. To be fully prepared for the exam you should not only understand these concepts, but be able to apply them to hypothetical scenarios and to explain your analysis as well.
The final exam is cumulative. However, the emphasis will be on material covered after Exam Two.
[Prior to Exam Two]
· At will employment and wrongful termination
o How to avoid liability for wrongful termination
· Independent contractor versus employee status
o How to properly classify employees
· Constructive discharge
o How to avoid constructive discharge
· Title VII: purpose and framework
· Disparate treatment claims, defenses
o Circumstantial evidence of discriminatory intent and “pretext”
o How to avoid liability for disparate treatment
· Disparate impact claims and defenses
o How to avoid liability for disparate impact
· California Fair Employment and Housing Act (FEHA): framework and protections
· Negligent Hiring
o How to avoid
· Invalid pre-employment inquiries
o Creating valid pre-employment inquiries
· Letters of reference: liability
· Gender discrimination and grooming policies
· Religious discrimination and reasonable accommodation
[After Exam Two]
o National Origin Discrimination and Speak English Only (SEO) Rules
o Legal and effective SEO rules
o Undocumented Workers’ protection
o IRCA Requirement and pre-employment inquiries; I-9 form
o Sexual Harassment:
o definitions and harassment as form of discrimination
o Employers’ Liability for Supervisory Harassment
o Affirmative defense: when is it available; how to preserve it.
o Employers’ Liability for Co-Workers’ Harassment
o Managers’ individual liability under FEHA
o Sexual Orientation and Transgender Discrimination protection
o Age Discrimination in Employment Act (ADEA)
o Definitions and protection
o Prima facie claim of disparate treatment
o Defenses to disparate treatment claim
o Disparate Impact: recent recognition by U.S. Supreme Court
o Layoffs and ADEA waiver
§ Requirements and importance of effective ADEA waiver
o Americans with Disabilities Act (ADA)
o Definitions and protection
§ Who is protected?
§ Examples of “impairments”
§ Definition of “disability”
§ Meaning of “essential job functions”
o Reasonable accommodation: duty to provide
§ How to provide reasonable accommodation
o Defenses for disparate treatment claims under ADA
o Pre-employment inquiries under ADA
o Pre-employment inquiries under FEHA
§ Best practices for pre-employment inquiries under FEHA