HR Challenge 02: Employment Law in the Successful Workplace- Oral Argument

Topic: HR
Challenge 02: Employment Law in the Successful Workplace- Oral Argument
Overview: 2+2 pages (1,100 words)
Source: ONLY use the listed sources.
APA6. (Any of the listed sources can be used.)

A. In
this two-part assessment, you will write a 2-page script for an oral argument
presentation from the perspective of the CapraTek defense attorney in the case
Capshaw v. CapraTek, as outlined in the multimedia presentation.
For the second part of the assessment, you will write a 2-page script for an
oral presentation by the head of HR at CapraTek to explain the possible changes
to HRM policies and practices to improve fairness, productivity, and worker
morale as it relates to workplace discrimination.

B. “I
believe in the dignity of labor, whether with head or hand, that the world owes
no man a living but that it owes every man the opportunity to make a
living.” —John D. Rockefeller, Jr.
C. This
assessment explores the tasks of constructing and presenting an oral argument.
Frequently, human resource professionals must present case facts and fact
patterns to executive managers and counselors concerning internal
investigation, hiring practice, or workplace issues. How the HRM professional
prepares and presents a case provides a platform for employers and counsel to
make informed and succinct decisions concerning its viability. Key topic areas
in this assessment include information and research sources, use of legal
language, case mapping, building case strategy, partnering with counsel, and method
for oral presentation.

D. Introduction
1. In
today’s workplace climate, the sexual harassment case between Joanna Capshaw
and CapraTek is extremely relevant. It is likely that you will face a similar
situation some time in your HRM career and you will need to be prepared to
think legally about the facts of the case as well as the arguments from both
sides.

E. Scenario
1. CapraTek
has a long history as a leader in the design and manufacture of computer server
components and continues to provide innovative solutions to meet industry
needs. They have met the demands of the digital economy by offering a wide
range of server products, chassis, and server management tools.
2. Despite
their successes in the marketplace, however, CapraTek has faced some internal
challenges. One such challenge involved Joanna Capshaw and her allegations of
sexual harassment and her career at CapraTek. Thoroughly listen or read through
the multimedia presentation and analyze the issues and legal argument for both
sides of the dispute.

F. Your
Challenge
1. For
the first part of the assessment, you will be the attorney from the CapraTek
legal department representing the defendant (CapraTek) in the case Capshaw v.
CapraTek. You should prepare your opening oral argument for the court
proceeding to defend CapraTek.
2. For
the second part of the assessment, you will be the head of HR at CapraTek who
will report back to the HR and company leadership about the changes to
organizational practices and policies to address the issues identified in this
case.

G. 1. Analyze
the legal issue(s) raised in the case Capshaw Versus CapraTek using the IRAC
case analysis process.

i.
Watch CapraTek: Capshaw Versus CapraTek.
1. Use
LawNerds.com, Inc. (n.d.). The IRAC formula. Retrieved from http://www.lawnerds.com/guide/irac.html

2. Part
1: Write a 2-page script for an oral argument in defense of the organization.

i.
This should be solely from the perspective
of an attorney for the organization.

ii.
The following is the oral argument format
that should be followed:
1. Facts:
Analyze the facts involved in the case, from your side’s perspective.
2. Issues:
Analyze facts or legal principles in dispute in the case.
3. Rule(s):
Identify the law or legislation related to the case that supports your side’s
perspective.
4. Analysis:
Apply the identified rule to the issues in your case. Address the weaknesses in
your side’s case and consider the opposite side of the case.
5. Conclusion:
Summarize and describe the logical outcome of the case.
6. Relief
Requested: What relief are you requesting from the court, and why?

3. Part
2: Write a 2-page script for the head of HR to make an oral presentation for HR
leadership.

i.
This should be solely from the perspective
of the head of HR regarding possible changes to HRM policies and organizational
practices that would improve fairness, productivity, and worker morale as it
relates to workplace discrimination.

ii.
Describe the potential impact of a
workplace discrimination charge levied at this organization.

iii.
Identify related laws or legislation that
supports this perspective.
Summarize
a logical case outcome.

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