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question on human resource management
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1.National origin discrimination is prohibited against a job applicant or employee. Besides discriminating against the job applicant or employee directly, how else might national origin discrimination occur so that the job applicant or employee would have a claim?
2. ACME Co. has provided a defined benefit retirement plan for its employees for many years and is now considering changing to a defined contribution plan. The employees are confused about the difference between a defined benefit plan and a defined contribution plan. You are ACME's HR director. Please explain to the employees the difference between the two types of plans.
3. Under the Fair Labor Standards Act, explain whether the following employees would be entitled to overtime pay, and why.
a) The CEO of a privately held company who makes over $100K/year.
b) An ambulance worker who works four 10-hour days a week (M-Th), and is on call every other weekend from Friday - Sunday. During the on call time, the worker must carry a pager and be prepared to respond within 15 minutes to any calls.
c) An 18-year old, high school graduate, who works at Dairy Queen 45 hours a week.
4. Eddie employee witnesses ACME Co. management dumping toxic waste into a stream near the ACME Co. facility. Eddie contacts the Environmental Protection Agency and reports what he saw. The EPA investigates and fines ACME Co. for the toxic release. ACME's president terminates Eddie after learning that Eddie had report the release to the EPA. Could Eddie successfully sue ACME for wrongful discharge? If so, under what theory?
5. Our Lady of Good Council Catholic Church wants to hire a receptionist for its church office. It posts a position announcement in its weekly newsletter about the position, and notes that only Catholics need apply. Can Our Lady of Good Council Catholic Church refuse to hire someone because they are not of the Catholic faith?
6. ACME Hospital is hiring a new emergency room nurse and Carl, the caregiver applies for the position. An official of the hospital contacts Carl and tells him that the hospital will only hire a female for the position since it believes patients with critical injuries prefer the nursing care of a female. What is a BFOQ and will it allow ACME hospital to lawfully exclude male applicants for the position of emergency room nurse?
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