Read Chapter 24 pages 571-580 of [ (Emerson, W.R.J.D. (2015). Business Law (Barron’s Business Review). Barron’s Educational Services; Sixth edition]).
You are expected to know and be able to discuss the following terms:
1. Disparate Treatment.
2. Disparate Impact.
3. Pattern or practice
4. Sexual harrassment,
5. BFOQ
6. MCAD.
ASSIGNMENT: You must answer each of the two part below in essay form.
Part 1:
Go to the website:
https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
and read about the MCAD.Then answer these questions:
What does MCAD stand for and what does the agency do?
According to the MCAD site what forms of illegal discrimination are there in Massachusetts?
How would you file a discrimination complaint with the MCAD?
What remedies (A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit.) does the MCAD provide?
Part 2:
Sam needed a software programmer who understood how to program in Java.He found Sally.Sally professed to be an expert in programming in Java.After meeting with Sally, Sam hired her to work programming some new code for him.Sam was particularly impressed that Sally said that she was working for other clients assisting them with computer software development.
Sally and Sam agreed that Sally could complete the work at home, use her computer and materials, work at her own speed and take time off whenever needed. Sally was to be paid once a month, but she needed to provide weekly updates to Sam concerning the status of the project.
After 1 year, the project had not moved forward significantly and Sam decided to end his relationship with Sally.He fired her the next time he spoke with her. Sally when told she was no longer needed, applied for unemployment benefits.
Is Sally an independent contractor or an employee.Is she entitled to unemployment benefits?