Posted: September 19th, 2022

Question

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HHP 4600 Law and Public Health

Module 8a PowerPoint Questions for Contracts

1. What is a contract?

2. Name the elements of a contract

a.

b.

c.

3. How do an express and implied contract differ?

4. Name two kinds of express contracts.

a.

b.

5. What must a plaintiff do in order to be successful in a lawsuit alleging a breach of contract?

6. How is an independent contractor different from an employee?

7. Why might this difference make a difference in filing a lawsuit?

8. Why is the employee handbook important in employee law and maintaining at will employer status?

9. What can an employer do with the handbook to prevent successful lawsuits by employees using the handbook as a contract and voiding at will status?

HHP 4600 Law and Public Health

Module 8b PowerPoint Questions for Human Resources Law

1. If an employee comes to a manager seeking rehabilitation assistance for drug and alcohol abuse and the manager fires the employee, will the manager likely be legally supported under ADA?

2.

Will the manager have more legal support under ADA if the employee is terminated after a post accident test reveals the employee was using drugs when the employee caused the accident? How is this case different from the case in question 1?

3. Describe the best practice or most optimal legal and cost efficient way to test applicants for drug use before hire.

4. Explain what it means to achieve “random” selection of employees for drug tests.

5. What is the difference in quid pro quo and hostile work environment in sexual harassment?

6. Can your company be held liable if a non-employee harasses your employee?

7. Can your company be held liable if a non-supervisor employee harasses an employee?

8. Do harassment laws cover actions when the perpetrator and victim are of the same gender?

9. Even if not targeted by the alleged harassing perpetrator, can a non-targeted employee file a valid claim of harassment?

10. How can affirmative action be achieved without discrimination?

11. Could an organization have a good affirmative action plan and be diverse in some regards, but be guilty of de facto or other discrimination? Explain how that could happen.

12. What is the difference between a reference and background check?

13. Is it against the law to give accurate, documented, but negative

information as reference about a former employee to a potential employer? If not, why are employers reluctant to give references?

8/11/20

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