HC 267 Syllabus

Course Description

This course focuses on laws affecting relationships between employers and employees and within the workplace. Students will learn how the status of employer or employee impacts the rights and obligations of each, as well as the interests of employee privacy versus an employer’s need to monitor workplace activities. Students will study the historical and societal aspects of laws on harassment and discrimination within the workplace, with particular focus on the Title VII of the Civil Rights Act and various other legislation regulating harassment and discrimination in the workplace. Students will also analyze the case law, the legislation and the legal systems that have evolved to combat social injustice in the workplace and will learn "best methods" for preventing and resolving harassing and discriminatory practices in the workplace. Through reading assignments, group discussions and written assignments, students will tackle various issues facing employers and employees in the workplace.

Topics that will be addressed in this course include: independent contractor and employee relationships, at–will employment and exceptions to the at–will doctrine, application, interview and selection processes, non–compete agreements, affirmative action, sexual harassment, discrimination based on race and color, national origin, gender, religion, affinity orientation, age and disability and employee privacy.

Course Learning Goals

After completing this course, you will be able to:

Understand the legal relationships that exist in the workplace and master the terminology describing those relationships.
Articulate the legal mechanisms used to regulate workplace relationships.
Recommend "best practices" in interviewing and hiring employees.
Understand the purpose of affirmative action and how they are implemented.
Articulate the conditions giving rise to sexual harassment and explain how claims based on sexual harassment are made and defended.
Explain how historical societal injustices impacted the development of Title VII of the Civil Rights Act of 1964 and laws against various forms of discrimination.
Articulate the benefits of diversity in the workplace.
Recommend "best practices" to employers wishing to avoid liability for harassment and discrimination.
Identify possible conflicts between employee privacy and legitimate justifications for employee monitoring.

Course Competencies

In this course, you will develop the following competencies:

Competence	Competence Statement and Criteria
H1D	Can explain a system of law that governs society. • Identifies a system of law for analysis. • Understands the interrelationships among the laws of that system. • Interprets the presuppositions or applications of the laws of that system.
FX	(EXAMPLE) Can demonstrate a sensitivity to and respect for human difference. • Identifies classes of individuals protected by anti-discrimination laws. • Understands how and why the American legal system evolved to protect classes of individuals in the workplace. • Develops workplace policy designed to promote sensitivity and respect for human difference.
H4	Can analyze power relations among racial, social, cultural or economic groups in the United States. • Describes unequal power relations between at least two racial, social, cultural or economic groups in the Unites States. • Discusses the historical, sociological or economic dynamics under which these groups came to be in conflict.

Course Resources

To buy your books, go to http://depaul-loop.bncollege.com

Employment Law for Business, McGraw-Hill Irwin, New York, N.Y., 7th Edition (2012) ISBN-10: 0073524964 ISBN-13: 978-0073524962.

Blacks Law Dictionary, West, a Thomson Reuters business, 3rd Pocket edition, 2006, ISBN-13: 9780314158628. (Optional)

Required Reading:

For X-X Competence only:

Course Grading Scale

A = 95 to 100	A- = 91 to 94	B+ = 88 to 90
B = 85 to 87	B- = 81 to 84	C+ = 77 to 80
C = 73 to 76	C- = 69 to 72	D+ = 65 to 68
D = 61 to 64	F = 60 or below	INC

Please note: Grades lower than a C- do not earn credit or competence in the School for New Learning.

How the Competences Are Demonstrated in this Course

This course walks you through the history and the evolution of the American legal system, often times in response to various social injustices, as it relates to workplace law. Some of the legal principles you will encounter are the same as those used in the legal profession, just as the case law you will analyze is the same as those analyzed by attorneys and judges. You will be challenged to use some of the same methods of analysis and critical thinking as those in the legal profession, including the IRAC method – Issue, Rule, Analysis and Conclusion. The IRAC method is explained in more detail in this Course Learning Guide. You will demonstrate your competence(s) by using this method to resolve the legal issues presented in your Weekly Assignments and in your Written Assignments.

From week to week, each Module will require that you complete a reading assignment and accompanying assignments. In some instances, you will be prompted, for example, to take on the role of attorney for an employer or an employee, or a judge. To demonstrate your competence(s), you must complete your weekly assignments in a timely manner. Furthermore, it is imperative that you engage in weekly "discussions" with your classmates. This is because the sharing and exchange of ideas, opinions and conclusions, legal theories and analysis is critical to the on–line environment and to your learning experience. You will demonstrate your competence(s) by engaging in respectful debate and sharing examples and experiences relevant to the topics at hand, etc.

You will also be required to complete Written Assignments. For those of you taking this course for one competence, you will be required to complete two of the four Written Assignments. For those of you taking this course for two competences, you will be required to complete all four written assignments. See Percentage Distribution of Assessments below. As noted above, you must pay special attention to, and apply to the best of your abilities, the IRAC method to legal issues presented in your Written Assignments. Equally important, you must pay special attention to the statement and facets of your respective competence(s), as it may have unique application to your analysis of the issues presented to you.

This course consists of X modules. The estimated time to complete each module is a week.

To see course due dates, click on the Checklist link on the top navigation bar. This page contains module-specific checklists and due dates for the work due in the course.

To view the course schedule, click on the Schedule link on the left-hand navigation bar. This page contains the most recently updated listing of the topics and assignments due for each week of the course.

Course Structure

This course consists of 10 modules. The estimated time to complete each module is 1 week.

The following table outlines the course:

Week, Module # and Title	Readings	Assignments
Week 1, Module 1: Introduction to Workplace Relationships	Read Employment Law for Business, 7th Edition Guide to Reading Cases, pages xxxiii - xxxvi The Regulation of Employment, Chapter 1, pages 2 - 40 The Employment Law Tool Kit, Chapter 2, pages 41-95	1.1 Introduction Discussion 1.2 Employee and Independent Contractor Discussion 1.3 At-Will Doctrine and Exceptions Discussion
Week 2, Module 2: Regulation of the Workplace	Read Employment Law for Business, 7th Edition, Legal Construction of the Employment Environment, Chapter 4, pages 135-198	2.1 Information Gathering and Selection – Application and Interview Process Discussion 2.2 Non-Compete Agreements Discussion 2.3 Jensen v Hewlett-Packard Co. Discussion
Week 3, Module 3: Affirmative Action	Read Employment Law for Business, 7th Edition, Affirmative Action, Chapter 4, pages 199-255. Watch Affirmative Action video clip	3.1 Affirmative Action: Fact vs. Fiction Discussion 3.2 Affirmative Action in Action Discussion
Week 4, Module 4: Sexual Harassment	Read Employment Law for Business, 7th Edition, Sexual Harassment, Chapter 9, pages 387-431. Watch Sexual Harassment video clip	4.1 Anatomy of a Sexual Harassment Case Discussion
Week 5, Module 5: Title VII of the Civil Rights Act of 1964	Read Employment Law for Business, 7th Edition, Title VII of the Civil Rights Act of 1964 , Chapter 3, pages 96-134. Watch video of Dr. Martin Luther King Jr.'s "I Have a Dream" Speech	5.1 "I Have a Dream" Speech Discussion 5.2 Wilson v Southwest Airlines Company Discussion
Week 6, Module 6: Race Discrimination and National Origin Discrimination	Read Employment Law for Business, 7th Edition, Race and Color Discrimination, Chapter 6, pages 256-298 National Origin Discrimination, Chapter 7, pages 299-335 Watch video clip on National Origin Discrimination	6.1 Race and Color Discrimination Policies Discussion 6.2 National Origin Discrimination & Best Practices Discussion
Week 7, Module 7: Gender Discrimination and Religious Discrimination	Read Employment Law for Business, 7th Edition, Gender Discrimination, Chapter 8, pages 336-386 Religious Discrimination, Chapter 11, pages 476-515 Watch video clip on Religious Discrimination	7.1 Gender Discrimination Discussion
Week 8, Module 8: Affinity Orientation Discrimination and Age Discrimination	Read Employment Law for Business, 7th Edition Affinity Orientation, Chapter 10, pages 432-475 Age Discrimination, Chapter 12, pages 516-559	8.1 Age Discrimination Discussion 8.2 ADEA and BFOQ Defense Discussion
Week 9, Module 9: Disability Discrimination and the Americans with Disabilities Act (ADA)	Read Employment Law for Business, 7th Edition, Disability Discrimination, Chapter 13, pages 560-626 Watch video clip on Disability Discrimination	9.1 Disability Discrimination Discussion 9.2 "Does it make scents?" Discussion
Week 10, Module 10: Privacy in the Workplace	Read Employment Law for Business, 7th Edition, The Employee's Right to Privacy and Management of Personal Information, Chapter 14, pages 630-703	10.1 Michael A. Smyth v The Pillsbury Company Discussion

Assessment of Learning

Your instructor will assess the work described above as follows:

Knowledge and understanding of key terms and definitions explained in your reading assignments and comprehension of significant societal and historical aspects, legal principles and processes used in the American legal system within the context of workplace law.
Critical thinking processes, including originality and the ability to "weed out" or "pin–point" significant or conflicting facts and issues.
Appreciation for the opinions or conclusions drawn by your classmates, coupled with an ability to engage in lively debate in a most respectful manner.
Clear and concise writing with correct grammar and punctuation.
Timeliness and completion of assignments.

Percentage Distribution of Assessments

Weekly Assignments and Discussions accounts for 40% of your grade.

And, if you are taking this course for one competence, then:

H1D
Written Assignment 1 is 20% of grade
Written Assignment 4 is 40% of grade

H4
Written Assignment 2 is 20% of grade
Written Assignment 3 is 40% of grade

FX
Written Assignment 3 is 20% of grade
Written Assignment 4 is 40% of grade

However, if you are taking this course for any two competences, then:

Written Assignment 1 10%
Written Assignment 2 10%
Written Assignment 3 20%
Written Assignment 4 20%

Grading Policies and Practices

You may earn up to 10 points for each Weekly Assignment. These points are tallied at the conclusion of this Course and account for 40% of your grade – Weekly Assignments and Discussions. Weekly assignments must be submitted timely. You will lose 1 point for each day your assignment(s) remain untimely.

You may earn up to 100 points for each Written Assignment. These points are tallied at the conclusion of this Course and account for a percentage of your grade, as explained above in Percentage Distribution of Assessments.

DUE DATES FOR WRITTEN ASSIGNMENTS

You are responsible for "calendaring" all Due Dates for those Written Assignments you must complete and submit during this course.

Written Assignment 1 is due on or before the Monday completing Week 3 / Module 3.

Written Assignment 2 is due on or before the Monday completing Week 5 / Module 5.

Written Assignment 3 is due on or before the Monday completing Week 7 / Module 7.

Written Assignment 4 is due on or before the Monday completing Week 10 / Module 10.

You are required to complete and submit your Written Assignment(s) to your instructor on or before 5:00 p.m. EST on the Due Date(s) provided above.

Written Assignment(s) that are not completed and submitted to your instructor on or before 5:00 p.m. EST on the Due Date(s) provided above will lose 5 points of credit for each day (based on a 24-hour period of time) past the Due Date(s) the Written Assignment(s) remains "late."

"NO EXCEPTIONS RULE" FOR WRITTEN ASSIGNMENTS

Your instructor employs a "no exceptions" policy for failing to complete and submit your Written Assignment(s) to your instructor on or before 5:00 p.m. EST on the Due Date(s) listed above.

General Assessment Criteria for All Writing Assignments

As discussed briefly above in How the Competences Are Demonstrated in this Course, for all Written Assignments, apply the IRAC method.

Below is a sample Written Assignment – posted by the course author for students she instructs in Property Law, Policy and Everyday Implications. This sample demonstrates the IRAC method (Issue, Rule, Analysis and Conclusion). This method is taught in first year law school. Apply this method because it forces you to "break down" each step of your analysis. As a result, you will earn higher scores because you will be able to demonstrate that you understand the "issue" – the question that needs to be resolved, that you know the laws and rules that are important for resolving the issue, that you are able to apply those laws and rules to the facts, and that you have a good reason for coming to your conclusion.

First, identify the issue or the question before you, then state the rules or laws that apply to the issue. Next apply the facts to the rules. This is your "analysis." Lastly, state your conclusion(s) based on your analysis. IRAC will guide you towards well–reasoned opinions and conclusions.

SAMPLE PARTIAL ANSWER TO WRITTEN ASSIGNMENT #1

Name: John Doe

Date: September 1, 2010

Subject: Written Assignment #1 Mortgages and Foreclosure Proceedings

The first issue is whether first, second and third mortgagees, who have loaned money to me to purchase a condominium and furniture items, have any recourse against me if I default on the loans secured by their respective mortgages.

A mortgage is a document by which a person who borrows money to purchase real property (also known as the "mortgagor") provides collateral to, or provides security for the loan to, the lender (also known as the "mortgagee"). When a borrower defaults on a loan secured by a mortgage, the mortgagee may initiate legal proceedings and seek a court order to sell at auction the property held as security for the loan. This is called a judicial foreclosure. The mortgagee may then apply the proceeds of the sale to the balance due on the loan.

In the present case, lightning has struck my condominium resulting in a costly assessment. My credit is maxed out, and the facts suggest that I am unable to pay the loans secured by three mortgages. Following the rules discussed above, the three mortgage companies may pursue judicial foreclosure against me, sell my condominium at auction, and apply the proceeds of the sale to the monies due on the loans.

The second issue is whether first, second and third mortgagees, who have foreclosed on secured property and have sold the property for an amount much less than that due on their respective loans, have any recourse against me and against each other?

A mortgagor may obtain loans from more than one mortgagee. In such instances, the mortgagees are ranked – "first," "second," "third," etc. – thereby establishing which lender has the first right, as against other the mortgagees, to proceeds should the secured property be sold. If the proceeds of the sale do not satisfy the amount due on the loan(s), mortgagees also may seek a deficiency judgment from a court. A deficiency judgment allows each mortgagee to collect personally from the mortgagor that amount which remains due on the loan.

The facts in the present case demonstrate that I have obtained three loans secured by three mortgages. I have used the loan money to purchase a condominium for $350,000.00, as well as furniture for $15,000.00. The first mortgage was taken for $315,000.00. The second mortgage was taken for $35,000.00. The third mortgage was for $15,000.00. The facts also suggest that I am in default and the mortgage companies have foreclosed on the condominium. However, the property was sold for only $295,000.00 – $70,000.00 less than total amount owed under the three mortgages – $365,000.00.

Following the rules discussed above, as against each other, the first mortgagee – to whom I owe $315,000.00 – has priority to the proceeds from the sale of the condominium. It likely will usurp the proceeds and apply them to the amount owed leaving a balance due of $20,000.00 to the first mortgagee. The second mortgagee and the third mortgagee likely will not benefit from the sale of the condominium because there are insufficient proceeds to pay the balances due on their respective loans. The balance due on each loan is $35,000.00 and $15,000.00, respectively.

Despite foreclosure and the sale of the condominium, a balance remains due on each loan. Following the rules discussed above, each mortgagee will seek a deficiency judgment against me to collect personally from me the balances that remain due on their respective loans.

Written Assignments are expected to conform to basic college–level standards of mechanics and presentation. This means, you are expected to demonstrate appropriate content, organization and proper grammar and punctuation. Be certain to use citations, either MLA or APA, when referencing sources such as case law, texts or articles.

IMPORTANT: Written Assignments must be double-spaced in a standard 12–point font. They should be approximately 4 – 5 pages in length and submitted as a Microsoft Word document. Include your name, the date of submission of your assignment, the # of the Written Assignment you are submitting and the course name: "Workplace Law" on the upper left hand corner of page one of your Written Assignment.

Online Discussion

Assessment Criteria for Online Discussion Participation

In the online discussions, your responses will be graded on whether you are:

Offering up ideas or resources and inviting a critique of them
Asking challenging questions
Articulating, explaining and supporting positions on ideas
Exploring and supporting issues by adding explanations and examples
Reflecting on and re–evaluating personal opinions
Offering a critique, challenging, discussing and expanding ideas of others
Negotiating interpretations, definitions and meanings
Summarizing previous contributions and asking the next question
Proposing actions based on ideas that have been developed
Demonstrating adequate consideration of the merits of alternate policies or course of action.

When responding to a classmate’s post, refrain from using simple phrases such as, "Great post!" or "I agree." Rather, refer to the 10 points above and respond in a more meaningful way, such as, "I agree because..." or "Great post! Another argument could be..."

Online Participation Guidelines for this course

As previously discussed in How the Competences Are Demonstrated in this Course, from week to week, each Module will require that you complete a reading assignment and accompanying Weekly Assignments. In some instances, you will be prompted, for example, to take on the role of attorney for an employer or an employee, or a Judge. It is imperative that you engage in, and actively participate in, weekly "discussions" with your classmates. This is because the sharing and exchange of ideas, opinions and conclusions, legal theories and analysis is critical to the on–line environment and to your learning experience.

Active participation means sharing information and resources and posting your ideas while expanding on the ideas of others in a collegial and respectful manner. Your discussion may be informal, just as you might discuss course material and exchange ideas with your classmates while in a classroom.

In addition to completing and timely posting Weekly Assignments, you are expected to submit at least one response to a classmate’s contribution.

Discussion Forums

Discussion Forums are an important component of your online experience. This course contains discussion forums related to the topics you are studying each week. For requirements on your participation in the Discussion Forums, please see "Course Expectations" in the syllabus.

A Course Q & A discussion forum has also been established to manage necessary, ongoing social and administrative activities. This is where the management and administrative tasks of the course are conducted, and where you can ask 'process' questions and receive answers throughout the course. Please feel free to answer any question if you feel you know the answer; this sharing of information is valuable to other students.