Bus 250: Business/Employment Law and Ethics
Instructor: Dr Stan Malos
Summer 2018 *Revised SCHEDULE OF ASSIGNMENTS [6-25-18]
*see new LRP submission logistics toward end of schedule
*Pre-course assignment [Get text in advance and be ready to go on Day 1!]:
Session 1 (Monday, June 4, 6-10 PM)
-Course and instructor introduction
-Preferred contact method [email, email, email! Please include "Bus 250" in the subject line]
-Tour of Course Website: Syllabus, preparation procedures, FIRACT format, reading assignments, etc.
-Overview of Legal Procedure, Court Systems, and Citation Forms [see separate links on course main page]
Topics: Employee/Contractor status; Exempt/Non-Exempt status [see Topic 1 outline]
Reading: -Guide to Reading Cases [very important material for understanding stare decisis and use of precedent in U.S. law]
-Chapter 1 [all]; Material on Fair Labor Standards Act referenced in Topic 1 outline at pp. 776-788]
FIRACT: NLRB v. Friendly Cab Co. [posted online in Topic Outline 1]
[Discuss Writing assignment Employment-at-will, due beginning of next class]
-Preview of upcoming class sessions and schedule [reading/preparation, writing assignments, Self-evaluation Form (blank, with name, email address & photo for next class), more on "FIRACT"s]
Session 2 (Wednesday, June 6, 6-10 PM)
Writing assignment Employment-at-will, Self-evaluation Form
Writing assignment Employment-at-will and Self-evaluations form due, beginning of class
Discuss Syllabus and other general course questions, if any
Topics: The Employment Relationship and At-will Employment; Exceptions to at-will doctrine, tort liability, and introduction to privacy issues
Reading: Chapter 2 (through p. 61)
Dr. Malos' article on At-Will and international comparative employment relationships
FIRACT: Guz v. Bechtel [p. 89]
Session 3 (Monday, June 11, 6-10 PM)
Topics: Privacy and related Employee Rights issues [e.g., electronic monitoring, email, "BYOD" issues]
Reading: Chapter 14
FIRACT: Quon [p. 701; also skim (no FIRACT) O'Connor v. Ortega, p. 695, note its use as precedent in Quon]
Videos: Privacy then and now [computer surveillance and related developments]
Hand out Exam 1 [Take-home]; Do not neglect very important reading for next class as well as exam!
Session 4 (Wednesday, June 13, 6-10 PM)
Exam 1 due, beginning of class; review and discuss Exam 1
Topics: Title VII of CRA 1964 and related state law provisions (California's Fair Employment & Housing Act [FEHA]); CRA 1991
Reading: Chapter 2 [p. 62 to end]; Chapter 3 [all]; Chapter 6 [all].
Proving and defending discrimination claims (Disparate Treatment, Racial Harassment).
FIRACT: McDonnell Douglas v. Green [p. 93; also skim (no FIRACT) Vaughn v. Edel at p. 301 for discussion in class]
Session 5 (Monday, June 18, 6-10 PM)
Topics: Proving and defending discrimination claims (Adverse Impact);
Establishing and Managing the Employment Relationship: Miscellaneous Issues in Recruitment, Selection, Performance Appraisal
Reading: Chapter 4 [all]
FIRACT: Griggs v. Duke Power [p. 94; review discussion of Bradley v. Domino's at pp. 279-280]
-Hand out Exam 2 [Take-home]; Again, do not neglect reading [at least Ch. 8] for next class as well as exam!
[Note: Extra credit assignment Option 1 or 2 (see separate link) due next class period, beginning of class, for those doing it]
Session 6 (Wednesday, June 20, 6-10 PM)
(Option 1 or 2 extra credit paper due, beginning of class for those doing it)
Exam 2 due, beginning of class; review and discuss Exam 2
Topic: Overview of gender discrimination, harassment, stereotyping, sexual orientation discrimination/harassment; road map for understanding Chapters 8, 9, & 10 overall.
Reading: Chapter 8; Chapter 10, pp. 448-454 [skim remainder of Chapter 10 for class discussion]
FIRACTS: Price Waterhouse v. Hopkins [p. 384; skim Dothard v. Rawlinson, p. 383; Nichols v. Azteca, p. 469 for class discussion]
[*Review LRP links for next class session to get started working on LRP components--see upcoming dates]
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Session 7 (Saturday, June 23, 2-6 PM)
Topics: Sexual harassment: Investigating and managing harassment complaints
Reading: Chapter 9
FIRACT: Meritor SB v. Vinson [p. 425; skim Faragher, p. 429, Ellerth, p. 424 for class discussion]
Harassment role play exercise
[Note 1: Extra credit assignment Option 3 or Option 4 (one or the other, but not both--your choice; see separate link) due next class period, beginning of class, for those doing it]
Online Legal Research demo (possible repeat next class if needed; re-review LRP links)
Session 8 (Monday, June 25, 6-10 PM)
(Options 3 or 4 extra credit paper due, beginning of class for those doing it)
Topics: Religion/National Origin Discrimination, and related Immigration issues;
Reading: Chapters 11, 7
FIRACT: TWA v. Hardison [p. 510, skim Peterson v. HP, p. 512, Garcia v. Spun Steak, p. 327]
Online legal research demo redux--[if needed, or by request after class]
[Note: LRP fact situations and Web Research FIRACT due next class]
Session 9 (Wednesday, June 27, 6-10 PM)
LRP fact situations and Web Research FIRACTS due, beginning of class*
[*Feedback will be provided in class or emailed to you so you can move on your full draft LRP before last class! :-) ]
Topic 1: Age Discrimination
Reading: Chapter 12.
FIRACTS: None [skim: Hazen Paper v. Biggins, p. 556; Western Air Lines, p. 553, Oubre, p. 558]
Topic 2: Disability Discrimination, Occupational Safety, and Workers Compensation, and FMLA/CFRA issues [the "treacherous triangle" of employment law!].
*Session 10 (Monday, July 2, 6-10 PM--*last class session)
______________________________________________
Self-Evaluation bundle due, beginning of class
Exam 3 due, beginning of class; review and discuss Exam 3
Return LRP fact situations and Web Research FIRACTS if not already done; meet individually with Dr. Malos to discuss/obtain feedback on LRP fact situations & cases [optional but highly recommended]
Redux of peer review process* [and point awards; see Note just below]
Note: *Required [by Lucas Graduate School] 2-hour "Culminating Activity" prior to LRP submission [see checklist below]:
In lieu of a final exam, you must find a partner and provide them a complete draft of your Legal Research Paper for peer exchange and review, preferably in person in class. Use my LRP grading form as your guide and make sure to do it in time to hand in your annotated first draft with your partners' comments along with your LRP by the final submission date [Monday, July 9]!!
Monday, July 9 [No Class]
Final materials [Full LRP Bundle--see Final Submission Checklist at the end of this schedule below] due electronically via email no later than 6 PM!
[Note: Final grades will be posted by SIDN on our course web site as soon as I can read all of your paper and get the calculations finalized; I will send out a notice or email blast when they are available.]
Have a great summer, a great program, a great career, and please keep in touch! :-)
Final Submission Checklists*
*There are 2 separate "bundles" due [see due dates above; a "bundle" is a stack of papers, in order, bound by binder clips or rubber bands, but NOT stapled or with report covers or other slick packaging--thank you :-)]
1) Self-Evaluation Bundle:
__ Completed Self-Evaluation Form, with real-time notes on class participation contributions, your photo again [no photo, no credit] and proposed realistic total score [of 100]:
|
Class written HW & Prep Oral Participation in class |
50 points 50 points |
__ Attach any weekly FIRACTS you've done, including those collected and returned for extra credit and those you did but which were not collected; please do not include other writing assignments for added weight :-)
2) LRP Bundle:
__ The final Legal Research Paper itself [remember to check the Reminder re: Research Paper Format and my LRP Grading Form links before and after to make sure your paper complies]
__ Your three (3) recent cases [complete, recent, high-quality appellate opinions, from the Supreme Court, 9th Circuit, or California, highlighted per instructions in the Further Details on the Legal Research Paper link]
__ Your annotated first draft of the LRP [annotated by your peer partner in person by hand (preferably) or electronically using "track changes" or the program of your choice]
Last Modified: Feb 22, 2023