Explain the elements of the claim of intentional infliction of emotional distress.

Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western.

Question 1

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.

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 2

Review “Clippings” on pages 607-608 of your textbook about the McDonald’s strip search incident. Imagine a scenario that is not quite as egregious as the one referenced. Instead, imagine that a female assistant manager performed the same cavity search of the 18-year-old female employee because she thought the employee had stolen some money from the register. The assistant manager was alerted by a co-worker that the female employee in question had just walked from the front of the store (where the registers are located) immediately to the employee bathroom with some paper-like object balled up in her hands. The female employee was humiliated by the search and felt sexually assaulted by the assault and helpless because she was held there for three hours despite her objections. In this changed scenario, do you believe McDonald’s would have faced a similar judgment from the courts ($6 million award and guilty of negligence, sexual harassment, and false imprisonment)? Why, or why not? What defense(s) would the employer likely raise in order to try and justify the actions taken? Do you think these defenses would be persuasive? Why, or why not?

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 3

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?

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

Question 4

In your opinion, does the Equal Pay Act go far enough in prohibiting pay discrimination? Why, or why not? Should the proposed amendments to the EPA found in the Fair Pay Act be enacted? Why, or why not?

Your response should be at least 150 words in length. You must use at least your textbook to complete this assignment. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.

 

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