VII ASSESSMENT Employment Law

THERE ARE 4 QUESTIONS THAT NEED TO BE ANSWERED. EACH QUESTION HAS TO BE AT LEAST 175 WORDS. I DO NOT REQUIRE A REFERENCE PAGE. PUT THE REFERENCES WITH EACH ANSWER INDIVIDUALLY. 2 REFERENCES PER RESPONSE.

QUESTION #2 AND #4 ARE THE ONLY QUESTIONS THAT HAS TO USE THE RESPECTIVE UPLOADED DOCUMENT THAT IT IS FOR.

1. A research analyst for the Indiana Department of Corrections was told that she would have to submit to a psychological examination in order to keep her job. She took the exam, which lasted two hours and contained many questions related to details of her personal life. She sued, claiming that the test violated her constitutional rights. What should the court decide (your opinion)? Why? After writing your initial thoughts, use the Internet to look up the case. What was the actual decision, and why? (Greenawalt v. Indiana Department of Corrections, 397 F.3d 587 [7th Cir. 2005]). NO UPLOADED DOCUMENT is to be used for this question.

#2. Read the “Practical Considerations” question on page 549 and “Just the Facts” on pages 550-551 in the UPLOADED DOCUMENT. How should employers deal with situations in which performance problems might be related to employees’ disabilities? Search the Internet for and review the Gambini v. Total Renal Care case. In that case, did the employer violate the ADA by terminating the disabled employee? What did the court decide? Do you agree with the court’s decision? Why, or why not? “The article to be used with this question is the UPLOADED DOCUMENT PAGE 550-551”

3. Explain the elements of the claim of intentional infliction of emotional distress. Quote the actual elements of the claim and cite your source. Try to use the best source for your citation. (The textbook is not the best source.) Add a follow-up sentence(s) in which you explain what one of the elements means in practical terms. Summarize a case in which that claim was charged. What was the result? (Use the textbook and/or the Internet to help you find additional information and a case.) Cite your sources. DO NOT USE UPLOADED DOCUMENT FOR THIS QUESTION.

#4. Read Hoffman v. Caterpillar found on pages 571-573 in your textbook. What were the two legal issues in this case? What did the court decide? For each issue, explain the issue and give the rationale/analysis and the conclusion reached by the court (in your own words). Was it decided fairly, in your opinion? Why, or why not? What, if anything, should the employer have done differently?

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