Unfairness and Inequality

• Competency 1: Develop a foundational understanding of employment law and labor law.
  • Describe an instance of unfairness or inequality in the workplace.
• Competency 2: Analyze the application of legal thinking strategies to human resource management (HRM) law.
  • Analyze how the instance of unfairness or inequality violates fair employment practices.
• Competency 3: Apply legal thought to human resource (HM) practices in the workplace.
  • Explain the duties and responsibilities of a human resource professional and the duties and responsibilities of an attorney representing the organization.
  • Compare and contrast the duties and responsibilities of a human resource professional with that of an attorney representing the organization.
• Competency 4: Communicate in a manner that is scholarly and professional.
  • Communicate in a professional manner, using scholarly resources that support the analysis through clear, concise, well-organized, and grammatically correct writing that incorporates appropriate APA style conventions.

Competency Map

CHECK YOUR PROGRESSUse this online tool to track your performance and progress through your course.

Context

“People talk about human capital, for instance, which is what labor accumulates through education and work experience. Human capital differs from the classic kind in that you can’t inherit it, and it can only be rented, not bought or sold” (Robinson, 1994, p. 77).SHOW LESSThe employment relationship is predicated on the exchange of power and authority for compliance and reward. As a result, employees voluntarily relinquish control of their time, effort, and industry. When employees determine that their employers inadequately compensate them for their work and seem to control their lives, conflict can result. This transforms a viable transactional relationship into a crucible of conflict and strife.When people come together in a workplace, they bring with them their values, opinions, prejudices, and sensitivities. Frequently, conflict occurs from within the employer-employee relationship as a result of these differences. Controls, policies, and procedures must thus be created to address conflict and enable organizations to operate effectively. Employers predominantly control the workplace, so most laws and regulations restrict, inhibit, or guide the behavior and authority of employers with respect to employees. Employment law guidelines provide the philosophical, legal, and moral foundations for conflict resolution in the workplace. They embody a vital component of our system of government.Read the Assessment 1 Context document, which contains additional information about regulation of the workplace, covering the following topics:

• Constitutional Law.
• Statutory Regulation.

Reference

Robinson, K. S. (1994). Green mars. New York, NY: Random House.

Questions to Consider

As you prepare to complete this assessment, you may want to think about other related issues to deepen your understanding or broaden your viewpoint. You are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community. Note that these questions are for your own development and exploration and do not need to be completed or submitted as part of your assessment.SHOW MORE

Resources

Suggested Resources

The resources provided here are optional. You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriate, credible, and valid. The MBA-FP6249 – Organizations, Governance, and the Law Library Guidecan help direct your research, and the Supplemental Resources and Research Resources, both linked from the left navigation menu in your courseroom, provide additional resources to help support you.

Capella Resources

• Assessment 1 Context.

SHOW LESS

Capella Multimedia

• Employment Law Governing Bodies | Transcript.
  • Employment law guidelines provide the philosophical, legal, and moral foundations for conflict resolution in the workplace. They embody a vital component of our system of government.
• Employment and Labor Law Timelines | Transcript.
  • This interactive offers a selective look at U.S. employment and labor legislation. Use this presentation to help familiarize yourself with some of the major events and trends of the past century in U.S. employment and labor law.
• Law Terms Flashcards | Transcript.
  • Quiz yourself on these select labor and employment law terms.

Capella University Library Resources

Unlike law school, which immerses students in legal writings, this course invites you to sample cases and written decisions, to be exposed to and develop legal reasoning skills, and to become adept at identifying key legal principles and concepts. The following are court cases. A focus area note has been placed after each reading to assist your understanding of the legal cases and written decisions.

• Nunez v. A–T Financial Information, Inc., 957 F. Supp. 438 (1997). (Focus areas: Defamation, intentional infliction of emotional distress, and good faith.)
• Lindsey v. Miami Development Corporation, 689 S.W.2d 856 (Tenn. 1985). (Focus area: Negligent tort.)
• Sowards v. Norbar, Inc., 605 N.E.2d 468 (Ohio App. 1992). (Focus area: Privacy.)
• Peterson v. Air Line Pilots Association, 759 F.2d 1161 (1985) (S. Ct. cert. later denied). (Focus areas: Blacklisting, interference with contractual relationship, and effect of labor agreement.)
• Bolton v. Minnesota Department of Human Services, 527 N.W.2d 149 (Minn. Ct. App. 1995). (Focus areas: Whistleblower Act, retaliatory discharge, defamation, and negligent infliction of emotional distress.)

Internet Resources

• LawNerds. (n.d.). The IRAC formula. Retrieved from http://www.lawnerds.com/guide/irac.html

Assessment Instructions

Preparation

While it is not necessary to follow a specific incident report template, you may want to review online resources and use headings and subheadings to help organize the key points in your report.

Instructions

Write a 1–2-page incident report describing an instance of unfairness or inequality that you have witnessed (or heard or read about) in the workplace and its implications for human resource management. Address the following:

• Describe the instance of unfairness or inequality in the workplace.
• Analyze how the instance of unfairness or inequality violates fair employment practices.
• Explain the duties and responsibilities of a human resource professional and the duties and responsibilities of an attorney representing the organization.
• Compare and contrast the duties and responsibilities of a human resource professional with that of an attorney representing the organization.

Communicate in a professional manner, using scholarly resources that support the analysis through clear, concise, well-organized, and grammatically correct writing that incorporates appropriate APA style conventions.

Additional Requirements

• References: Support your assertions with citations from the suggested materials in the Resources, workplace examples, and any relevant additional research.
• Format: Use proper APA style and format for in-text citations and references.
• Length: 1–2 double-spaced, typed pages, in addition to the references page.
• Written communication: Demonstrate graduate-level writing skills through accurate communication of thoughts that convey the overall goals of the assessment and do not detract from the message.
• Font and font size: Times New Roman, 12 point

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