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Midterm Exam - Essay Example

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A person is considered an employee when his acts are regulated by the acts of an employer expressly or impliedly. For instance, an…
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Midterm Exam
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Download file to see previous pages determining the number of hours, number of physicians visited etc. rather than implementing the acts of Pharmmedix, makes them independent contractors thereby eliminating employer-employee relationship.
Therefore, if the legal provisions stated above holds, there is no employer-employee relationship existing between Pharmmedix and the sales staff because the staff solely performs their duties based on their discretion. Thus, I will advise Pharmmedix to go ahead and pursue the case because the employees have no legal ground to bring a suit against him. Therefore, he has no liability for any damages in terms of benefits to the employees because their relationship is that of employee and independent contractor.
The EEO Act that was established under the Civil Rights Act of 1964 prohibits particular forms of workplace discrimination based on age, disability, color, race, sex, etc. Section 503 of the 1973 Rehabilitation Act restricts contractors and sub-contractors of the Federal government from discriminating against persons with disability by requiring them to undertake affirmative action for any individual with the disability in all the aspects of employment. In addition, ADA & Section 503 Fact sheet, prohibits discrimination of persons having a wide a range of physical and mental impairments, substantially limiting their activities like seeing, hearing, walking, breathing etc. (U.S. Department of Labor, n.d.).
Therefore, based on the aforementioned provisions of the Acts, I will advise Homer Sparkey to take legal action against Very Cool Music for summarily rejecting him because of his age and physical disability. Therefore, I will rule the case against Very Cool Music and demand that they pay damages to Homer Sparkey or they unconditionally absorb them.
The Occupational Safety & Healthy Act 1970 stipulates that employers must ensure their workplaces are safe for employees to ...Download file to see next pagesRead More
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