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ASSIGNMENT 1

Write a paper of no more than 1,750 words in which you identify potential tort risks that arose in the Product Liability video. Identify a tort violation from the video. Then use the 7-step process as defined in the Harb article to apply the risk management process to mitigate the business risk associated with that violation.

Material content for assignment

This is the link for the video for the assignment. Must use this for potential torts.

http://media.pearsoncmg.com/pcp/pls_1256120324/product_liability/index.html

This is the link for the 7 step process. Please use for paper.

http://www.inconsult.com.au/Articles/Essential%20elements%20of%20ERM%20and%20role%20of%20%20Internal%20Audit

NEED FOUR RESPONSES TO EACH ONE OF THESE REPONSES

250-300 WORDS EACH

1.Theresa and class –

Sometimes certain gestures in the workplace are unmistakably offensive or sexual, but there are forms of touching that are rarely considered offensive that can be misconstrued.So how does “inappropriate touching” differ from sexual harassment?

Keep in mind that sexual harassment is unwelcome sexual conduct in the workplace and that it comes in two forms: quid pro quo and hostile work environment.In quid pro quo, a supervisor bases your job duties on your consent to sexual acts, whereas in a hostile work environment, the workplace is permeated with jokes, gestures, pictures or offensive touching. It becomes a hostile and abusive work environment, even if the conduct is not directed at the person who is offended.

You don’t have to be inappropriately touched to be sexually harassed, nor have you necessarily faced sexual harassment just because you’ve faced inappropriate touching.

Here are five boundaries (according to a writer for Career Builder) to remember:

1. Hands off
The No. 1 rule is to keep your hands off your own or anyone else’s private parts in an office. Even as a joke; even ‘man-to-man.’

2. Know your audience
Any touching — even a pat on the back — before you know someone is too personal for strangers. So make sure that you really know your co-worker before engaging in any physical contact, even a high five.

3. Think about hygiene
Don’t ever shake hands with someone in the bathroom before you’ve washed your hands. Don’t cover your mouth when you cough or sneeze and then shake someone’s hand.

4. Remember than not all offensive touching is sexual — sometimes it’s just hostile
Bullies don’t just exist on the playground. Poking someone in the chest while making an angry point, grabbing someone’s arm or any other touching done when angry can lead to dismissal if your action is seen as physically threatening.

6. Be sensitive to others’ sensitivities toward touching
Do they lean in when you go to kiss their cheek or do they grimace and move backward? Do they initiate pats on the back or is it only one-sided?

RESPONSE NUMBER ONE:

2. Ryan and class –

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Keep in mind that the federal law does NOT prohibit simple teasing, offhand comments, or isolated incidents that are not very serious.Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

An employer is always responsible for harassment By a supervisorthat culminated in a tangible employment action.(the 2 underlined phrases are what’s important for vicarious liability to kick in).A “tangible employment action” means a significant change in employment status.Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a significant change in benefits, compensation decisions, and work assignment.

If the harassment did not lead to a tangible employment action (or if the harassment is by someone other than their supervisor), the employer is still liable UNLESS it proves that: 1) it exercised reasonable care to prevent and promptly correct any harassment;1 and 2) the employee unreasonably failed to complain to management or to avoid harm otherwise.

The employee must take reasonable steps to avoid harm from the harassment. Usually, the employee will exercise this responsibility by using the employer’s complaint procedure.

An employer is not legally responsible for its supervisor’s harassment if the employee failed to use the employer’s complaint procedure unless the harassment resulted in a tangible employment action or unless it was reasonable for the employee not to complain to management.An employee’s failure to complain would be reasonable, for example, if he or she had a legitimate fear of retaliation. The employer must prove that the employee acted unreasonably.

RESPONSE NUMBER 2:

3. Jackie and class –

The U.S. Supreme Court has simplified matters somewhat by explaining that there are two basic types of unlawful sexual harassment. The first type involves harassment that results in a tangible employment action. An example would be a supervisor who tells a subordinate that he or she must be sexually cooperative with the supervisor or he or she will be fired, and who then indeed does fire the subordinate for not submitting. The imposition of this crude “put out or get out” bargain is often referred to as quid pro quo (“this for that”). This kind of unlawful sexual harassment can be committed only by someone who can make or effectively influence employment actions (such as firing, demotion, and denial of promotion) that will affect the victimized employee.

A second type of unlawful sexual harassment is referred to as hostile environment. Unlike a quid pro quo, which only a supervisor can impose, a hostile environment can result from the gender-based unwelcome conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee interacts with on the job.

REPONSE NUMBER 3:

4. Jasmine and class –

Sometimes discrimination starts as early as the interview. The general rule of thumb is that interviewers cannot ask you anything involving race, birthplace, national origin, disabilities, gender, age, religion, disabilities, marital status, sexual preference, ethnicity, parental status, or health.

The problem is that most interviewers are inexperienced and are probably not asking illegal interview questions intentionally but instead are just trying to find some common ground with you.That being said, that is also probably why marital and parental status comes up the most in interviews.

 Basically if the questions make you uncomfortable you have a few options:

1) You can end the interview. (You probably won’t get the job).

2) You can tell the interviewer that the question is not appropriate and refuse to answer. (This may also hurt your chances of getting the job).

3) You can discreetly refuse to answer the question by sidestepping the answer by addressing the concerns that the interviewer might have.For example, if the question is “do you have children”?What the interviewer is probably trying to get to with this question is determining if you will you be able to work overtime or travel.You could answer by saying, “I am able to balance my work and home life well and my personal life will not interfere with my performance or any required business trips.I’ll have no problem performing the required job duties with or without kids.” (I’d say this is the best way to handle it if you want the job).

4) You can ask for an explanation as to how the question relates to the job you are interviewing for. (This would also be ok, it’s just a more direct approach than the above example).

5) You can answer the question.(If you are comfortable with it.)

6) You can consider legal recourse, such as filing a discrimination charge with Equal Employment Opportunity Commission (EEOC) and/or a private lawsuit in court.

What do you think the best approach would be?  Has anyone been the interviewer and asked illegal questions without doing so on purpose? Has anyone been asked illegal questions in an interview?  How did you handle the situation?

RESPONSE NUMBER 4:

Complete the Contract Creation and Management simulation located on the student website.

Identify the legal issues that are present, and note the legal principles that apply to each of those issues you identified.

Reflect on the related legal principles presented in the readings during this week. Consider basic contract elements; contract formation, breach, and remedy.

Write a paper of no more than 1,400 words on your analysis. Include responses to the following questions:

·How was contract formation achieved in the simulation?

·How should the contract in the simulation have been administered?

·What methods did you use for contract dispute resolution in the simulation?

·Would you do anything different if you were to make those decisions again? Why or why not?

Formatyour paper consistent with APA guidelines.