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Capella University Assessment Business Law in Bangladesh Question

Post ID: 2303500

DB-FPX8410- Assessment 4: Propose Preventative Measures to Avoid Legal Liability

Assessment 4: Propose Preventative Measures to Avoid Legal Liability

Write a 6-8 page paper analyzing a specific liability from your critical incident analysis and recommending measures that would have reduced the company's liability.

Introduction

As a consultant for CapraTek, you have analyzed 30 worker complaints and focused on the specific legal liability surrounding the wrongful death complaints.

For this assessment, you will:

  • Select a particular legal liability to CapraTek that arises from one of the remaining letters (other than the wrongful death complaints).
  • Propose preventative measures that could have avoided legal liability for CapraTek.

Preparation

For this assessment, you will analyze one of the employee complaint letters and assess the legal issue and liability it presents.

Instructions

Refer to the CapraTek Employee Complaint Letters [DOCX]. Select a complaint letter that presents a serious, viable legal issue other than a wrongful death complaint. Do not select a complaint that poses little or no liability to CapraTek. To potentially meet the Distinguished criteria, select a letter that suggests more than one type of legal liability; for example:

  • Sex discrimination and retaliation.
  • OSHA violations and ADA liability.
  • Racial discrimination and age discrimination.
  • Religious discrimination and national origin discrimination.

Note that the letter does not need to specifically mention multiple liabilities. Even when a letter describes only one type of liability, if the complainant is in a protected class, this suggests that any formal claim is likely to allege discrimination as well.

Analyze the complaint(s) and associated liability. Develop recommended measures that could have reduced liability for CapraTek. In formulating your analysis and recommendations, include the following:

  1. Summarize salient facts alleged in a complaint letter identifying viable legal liability exposure for a company.
  2. Describe associated U.S. laws or regulations and how they are relevant to the identified liability.
  3. Discuss the potential harm to the company, its employees, and its workplace culture that could result from a lawsuit emanating from the selected complaint.
  4. Propose multiple realistic preventative measures that could have avoided legal liability using objective and fact-based arguments.
    • Identify the individuals and departments that would need to be involved in the proposed measures.
  5. Suggest viable legal defenses the company could assert in a litigation context in order to defeat the complainant’s claims, including a rationale for use of the strategies.
    • Use insights from the interview transcript to think of defenses CapraTek might wage against the plaintiff’s allegations.
      • Legal defenses typically involve a challenge to the allegations themselves, any contribution to the incident on the part of the employee bringing the case, a lack of credible evidence, or other potential factors beyond the control of the employer.
  6. Analyze the ethical implications of the scenario and suggest measures that address ethical issues.
    • Apply a recognized ethical code or framework and clearly connect the conduct to ethical principles.
    • Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
      • Adhere to conventions for spelling, grammar, sentence structure, legal/business terminology, and word usage.
      • Adhere to writing conventions and APA citation and referencing.

Additional Requirements

As you complete your assessment, be sure it meets the following guidelines:

  • Written communication: Use error-free doctoral-level writing, with original (non-plagiarized) content, logical phrasing, and accurate word choices.
  • Scholarship: Use 5–6 professionally reputable sources to support your main points and analysis. Be sure to include scholarly sources. Course readings may be included among the required sources.
  • APA formatting: All resources and citations should be formatted according to current APA style and formatting guidelines.
  • Length: 6–8 typed, double-spaced pages, in addition to the cover page, illustrations, reference page, and appendix.
  • Font and font size: Consistent, APA-compliant font, 12-point.

Please also note:

  • For this assessment, you are required to follow the Standard Naming Convention requirements and the Track Changes requirements for any files you upload. You will find the requirements on the DBA Submission Requirements page.
  • Before submitting your assessment, you are required to use Recite to check that your in-text citations match the reference list at the end of your assessment. Recite also checks for stylistic errors related to referencing. Make any corrections to your assessment based on the Recite report.

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:

  • Competency 1: Create rule- and value-based arguments from human resource models and theories, supported with clear and relevant evidence that convey professional tone and style.
    • Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
  • Competency 2: Evaluate literature to create objective, fact-based, and unbiased arguments.
    • Propose multiple realistic preventative measures that could have avoided legal liability using objective and fact-based arguments.
  • Competency 3: Examine the legal and ethical challenges of leading the reskilling of talent pools in a highly digitized global environment.
    • Analyze the ethical implications of the scenario and suggest measures that address ethical issues.
  • Competency 4: Appraise multiple responses to a managing a human resource problem for compliance within ethical, legal, or regulatory frameworks.
    • Suggest possible, viable legal defenses the company could assert in a litigation context in order to defeat the complainant’s claims including a rationale for use of the strategies.
  • Competency 5: Analyze an organization's human resource management problem from the perspective of the legal and regulatory environment in which the organization operates.
    • Summarize salient facts alleged in a complaint letter identifying viable legal liability exposure for a company.
    • Discuss the potential harm to the company, its employees, and its workplace culture that could result from a lawsuit emanating from the selected complaint.
  • Competency 6: Evaluate compliance-based complaints filed with the EEOC, OSHA, and other governmental bodies using secondary data-sets.
    • Describe associated U.S. laws or regulations and how they are relevant to the identified liability.
  • Be sure your paper has 6 parts!
  • For this Assessment, you will select one of the complaint letters that presents serious, viable legal issues other than a wrongful death. The allegations in the letter should lead to more than one type of legal liability, such as Sex Discrimination and Retaliation or Racial Discrimination and Age Discrimination.
    1. Summarize salient facts* alleged in the letter, identifying viable legal liability exposure for a company.
    2. List associated U.S. laws or regulations and explain how they are relevant to the identified liability.
    3. Discuss the potential harm to the company, its employees, and its workplace culture that could result from the lawsuit.
    4. Propose several realistic preventative measures that could have been used to avoid legal liability.
      • Use objective and fact-based arguments
      • Identify the individuals and departments that would need to be involved in the proposed measures.
    5. Suggest possible, viable legal defenses the company could assert to defeat the claims and explain why the defenses might prevail.
      • Use insights from the interview transcript to think of defenses - challenging the allegations; contribution to the damage by the complaining employee; lack of credible evidence; factors beyond the employer's control, etc.
      • Apply a recognized ethical code or framework and clearly connect the conduct to ethical principles.
    • This Assessment has 6 parts.Be sure your paper has 6 parts!For this Assessment, you willSelect one of the complaint letters that presents serious, viable legal issues other than a wrongful death. The allegations in the letter should lead to more than one type of legal liability, such as Sex Discrimination and Retaliation or Racial Discrimination and Age Discrimination.HINT - 6. Analyze the ethical implications of the scenario and suggest measures that address ethical issues.
    Use error-free, doctoral-level writing.
    Use 5–6 professionally reputable sources to support your main
    points and analysis.
    Use correct APA 7 formatting.
    Use as many pages as are necessary (6–8 pages, in addition
    to the cover page, reference page, and any appendix).
    Use Recite.

    *Blacks Law Dictionary defines salient facts as those that are "noticeable or obvious, easy to see and visible." They are the facts that it is necessary to know in order to make a judgment on the plaintiff's claims.
Resources: Employer Incident Response

McWilliams, P.L. (2020). Employment law implications of a refusal to work due to fear of COVID-19. Employee Benefit Plan Review, 74(5), 6–9.

  • This resource offers practical suggestions for how an employer can respond to COVID-19 legal requirements.

Porter, N. (2019). A new look at the ADA’s undue hardship defense. Missouri Law Review, 84, 121–176.

  • This article explores defenses to ADA discrimination allegations. It explains that an employer is not required to accommodate a worker’s disability if it would impose an undue hardship on the employer.