Criminal History

1. as discuassed in this week’s material, most employment relationships in the united states are at-will. This means that absent a relevant exception an employee can be fired for any reason-no matter how irrational. Do you think at-will employment is fair? why or why not?

 

2. Criminal History

it is clear that background checks are critical if employers want to avoid potential liability for negligent hiring, and potential liability under this cause of action creates incentives for employers to avoid ex-convicts to forestall these claims.

do you think employers are reluctant to hire individuals with criminal records for this reason?

Does this encourage recidivism?

How-if all-do you think this system should change?

 

3. TESTINING IN THE WORKPLACE

Have you ever been administered a scored test of ability in an emplotyment context?

Do you think the test did a good job measuring the skills needed to succeed at the job? How were the tests results used?

How much leeway for managers to give weight criteria that–while not adequately measured by the test-are critical for success in a business context?

 

4. AFFIRMATIVE ACTION

affirmative actionn is one of  the most cotroversal topics in employment law. How is affirmative action often presented in Johnson v. Transportation Agency. Santa Clara County (ch 8, p 269)? When are racial preferences permitted?

 

5. UNPROTECTED CLASSES

Many students are surprised to learn that employees may be fired for any reason not expressly prohibited by the law. As we have seen, the law requires emloyers to accommodate a fairly wide range of employee behaviors and conditions.  However, there are still classes of employees and behaviors that are not protected by the federal law, e.g., sexual orientation or political affliation. Should the law be expanded to cover additional classes and behaviors? Why or why not?

 

6. A LIVABLE WAGE

the federal minimum wage was last updated to $7.25 in 2009 is this enough money to live on? According yo a new study from the university of california berkeley labor center, federal and state taxes are currently subsidizing the wages of low-wage employees to the tune of 153 billion a year. is this fair? Should the law be changed? Or is it rrue that the minimum wage should be abolished/lowered for infringing on inividuals right t contract and for causing higher unemployment?

 

7, HAVE UNIONS SERVED THEIR PRPOSE

the percentage of the workplace that is a part of a union has been decreasing for decades (especially in the private sector),. Many laws have been passed that giive employees rights that unions cared deeply about , e.g., FMLA, OSH,Act, FSLA etc. Does that mean that unions are no longer needed? However, there is also evidence that an ever-increasing part of the pie is going to an ever smaller group of individuals.