Describe the program or policy that is to be evaluated, including its purpose, stakeholders, history, and outcomes, which will be part of your introduction and description you completed in Week Two. Explain the impact of relevant issues, including potential political, social, economic, and/or cultural constraints associated with this program or policy.

What Makes A Good Evaluation Question

In your initial post, briefly describe the components of a good evaluation question. Explain the impact of political and ethical issues associated with program evaluation. Explain the process involved in formulating and developing a quality evaluation question. Identify pertinent components that good evaluation questions should contain. In addition, identify an appropriate topic for the Final Paper, and formulate a preliminary research evaluation question relevant to that assignment.

Evaluation Proposal

The focus of the Final Paper will be on the creation of an evaluation proposal suitable for presentation in a criminal justice setting or agency. The proposal will center on needs assessment, impact monitoring, and the application of quantitative and/or qualitative techniques in the assessment of the selected program or policy. Rossi, Lipsey, and Freeman (2004) discuss the social context of evaluation. Your evaluation proposal should assess the effectiveness of a program or policy, addressing a specific problem proposed or developed as a solution to a contemporary issue in your chosen area of specialization within the Masters in Criminal Justice program: Law Enforcement and Corrections Administration, Cybercrime and Technology, Forensic Science, or Homeland Security. Utilize research skills to locate a minimum of 15 appropriate scholarly sources to support your statements within the required sections below. Small sections of the evaluation proposal will be completed throughout the progression of the course. Students can use those sections verbatim within the text of the Final Paper if they so choose. The evaluation proposal will be assessed based on the inclusion of the following elements:

Introduction
Present your research question and introduction from the assignment you completed in Week Two.

Literature Review
From the assignment you completed in Week Four, compose a literature review comprised of previous scholarly material and research results relevant to your selected topic.

Program or Policy Description

Describe the program or policy that is to be evaluated, including its purpose, stakeholders, history, and outcomes, which will be part of your introduction and description you completed in Week Two.
Explain the impact of relevant issues, including potential political, social, economic, and/or cultural constraints associated with this program or policy.

Proposal Narrative

Present your measures and methodology from the assignment you completed in Week Three.
Critique the design of the program or policy by describing the methodology, including the data to be collected, the means of collection, and how the data will be used.
Identify a proposed budget and projected schedule for the evaluation.

Summary
Summarize the expected outcomes, the questions to be answered, and the expected results that would indicate success of the program or policy.

Explain the duty to promote the success of the company contained in the Companies Act 2006. Using factors from the Act to illustrate your answers, critically evaluate whether or not the duty is successful in requiring directors to deliver ”enlightened shareholder value”.

Title of Dissertation:

Explain the duty to promote the success of the company contained in the Companies Act 2006. Using factors from the Act to illustrate your answers, critically evaluate whether or not the duty is successful in requiring directors to deliver ”enlightened shareholder value”.

Why is it significant that the MAOA gene is sex-linked; i.e., on the X chromosome? What are the 3 ingredients for psychopathology as described by Fallon? Why has Fallon been able to temper his behavior, while other people with similar genetics and brains turn violent and end up in prison?

Discussion 6

Why is it significant that the MAOA gene is sex-linked; i.e., on the X chromosome?

What are the 3 ingredients for psychopathology as described by Fallon?

Why has Fallon been able to temper his behavior, while other people with similar genetics and brains turn violent and end up in prison?

Now, do a little research on your own:

The nature versus nurture debate is one of the oldest philosophical questions within psychology. Nature refers to all of the genes and hereditary factors that influence our actions. This ranges from our physical appearance to our personality traits. Nurture, on the other hand, is all the environmental variables that impact who we are, including our social relationships, childhood experiences, and the ways in which we were raised. Using your textbook and current research to support your opinion, discuss your views on the relative contributions of nature (genetics) and (nurture) environment to psychopathology.

Watch: Jim Fallon: Exploring the Mind of a Killer

Explain the history leading up to passage of the Civil Rights Act of 1964. Give examples of the ways that certain groups of people were treated -differently before passage of the Civil Rights Act. Discuss what is prohibited by Title VII. Recognize who is covered by Title VII and who is not. State how a Title VII claim is filed and proceeds through the -administrative process. Determine if a Title VII claimant is able to proceed after receiving a -no-reasonable-cause finding.

Case Analysis

Chapter 3
Title VII of the Civil Rights Act of 1964

Library of Congress Prints and Photographs Division [LCDIGppmsca03128]

Learning Objectives
After completing this chapter, you should be able to:

LO1 Explain the history leading up to passage of the Civil Rights Act of 1964.

LO2 Give examples of the ways that certain groups of people were treated -differently before passage of the Civil Rights Act.

LO3 Discuss what is prohibited by Title VII.

LO4 Recognize who is covered by Title VII and who is not.

LO5 State how a Title VII claim is filed and proceeds through the -administrative process.

LO6 Determine if a Title VII claimant is able to proceed after receiving a -noreasonablecause finding.

LO7 Distinguish between the various types of alternative dispute resolution used by the EEOC.

LO8 Explain the postCivil War statutes, including what each is and what it does.

LO9 Discuss what management can do to comply with Title VII.

Opening Scenarios

SCENARIO 1
Jack feels he has been discriminated against by his employer based on national origin. After a particularly tense incident one day, Jack leaves work and goes to his attorney and asks the
attorney to file suit against the employer for violation of Title VII of the Civil Rights Act of 1964. Will the attorney do so?

SCENARIO 2
Shelly receives an anonymous tip that she is making less money than all the other managers on her level, all of whom are male. Shelly believes it began when she did not receive a raise because she rejected advances by her supervisor six years before, and the wage gap has now grown far more than she realized. Shelly files a claim with the EEOC. Will she prevail?

SCENARIO 3
When Rinson did not receive the promotion he believed was his, he became upset. Rinson believes he did not receive the promotion because his boss hates him and always judges Rinson’s work harshly. If Rinson can prove this is true, does he have a valid claim for damages under Title VII?

Statutory Basis
Title VII of the Civil Rights Act of 1964

(a) It shall be an unlawful employment practice for an employer

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. sec. 2000e et seq., sec. 703 (a).

A Historic Rights Act
“A strong and prosperous nation secured through a fair and inclusive workplace.”1
Such a simple statement. Who could disagree with such a vision? It is the vision of the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing laws that were created to make that statement a reality. However, not everyone agrees with that vision or realizes when they may not be acting consistently with it. Though we have come a long way in the 55plus years since the law was passed creating the agency, unfortunately, much work is increase in sexual harassment charges from 2017 to 2018 in the wake of the #MeToo Movement, recovering $56.6 million for sexual harassment claimants alone.2

LO1 Explain the history leading up to passage of the Civil Rights Act of 1964.
LO2 Give examples of the ways that certain groups of people were treated differently before passage of the Civil Rights Act.

Understand how to read and digest legal cases and citations. Explain and distinguish the concepts of stare decisis and precedent. Evaluate whether an employee is an at-will employee. Determine if an at-will employee has sufficient basis for wrongful discharge. Recite and explain at least three exceptions to employment-at-will. Distinguish between disparate impact and disparate treatment discrimination claims. Provide several bases for employer defenses to employment discrimination claims.

Case Analysis

Chapter 2
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts

©Squared Studios/Getty Images RF

Learning Objectives
After completing this chapter, you should be able to:

LO1 Understand how to read and digest legal cases and citations.

LO2 Explain and distinguish the concepts of stare decisis and precedent.

LO3 Evaluate whether an employee is an atwill employee.

LO4 Determine if an atwill employee has sufficient basis for wrongful discharge.

LO5 Recite and explain at least three exceptions to employmentatwill.

LO6 Distinguish between disparate impact and disparate treatment discrimination claims.

LO7 Provide several bases for employer defenses to employment discrimination claims.

LO8 Determine if there is sufficient basis for a retaliation claim by an employee.

LO9 Identify sources for further legal information and resources.

Opening Scenarios

SCENARIO 1
Mark Richter is about to retire as head of sales for the company he has been with all his work life, starting out as a copper pot washer, when he closes on a deal his candy company has been trying to land for a long time. Just before Mark is to collect his substantial commission on the sale from his employer, he is terminated for no reason. Does Mark have a basis on which to sue for unlawful termination?

SCENARIO 2
Jenna Zitron informs her employer that she has been summoned to serve jury duty for a week. Though rescheduling her duties is not a problem for the employer, Jenna is told by her employer that if she serves jury duty rather than trying to be relieved of it, she will be terminated. Jenna refuses to lie to the court in order to be relieved of jury duty. She is terminated. Does Jenna have a basis on which to sue for unlawful termination?

SCENARIO 3

Demetria, 5 feet, 2 inches tall, 120 pounds, applies for a position with her local police department. When the department sees that she is applying for a position as a police officer, it refuses to take her application, saying that she doesn’t meet the department’s requirement of being at least 5 feet, 4 inches tall and at least 130 pounds. Is the department’s policy legal?

SCENARIO 4
Jill, an interviewer for a large business firm, receives a letter from a consulting firm inviting her to attend a seminar on Title VII issues. Jill feels she doesn’t need to go since all she does is
interview applicants, who are then hired by someone else in the firm. Is Jill correct?

Introduction
We understand that while this is a legal textbook, it is not a textbook intended to create or enlighten lawyers. In fact, some of you may never have taken a law course before. Thus, we thought it might be useful to take some time up front to introduce you to helpful information that will make your legal journey easier. Throughout the text we have taken out much of the legalese that tends to stump our target readers and have tried to make the legal concepts as accessible as we can for the nonlegal audience.
In this chapter, we offer several tools, both procedural and substantive, to help you navigate the text. As a procedural matter, we offer a guide to how to read cases as well as understanding what it takes to have a legally recognized cause of action. Regarding substantive issues, since several of the substantive issues you will face in the chapters ahead will use information that is based on the same legal concepts, rather than repeat the information in each chapter’s discussion, we explain the concept once in this “toolkit” chapter you can use to refer back to later if necessary. There is a corresponding toolkit icon used throughout the text. When you see the toolkit icon, know that the text is discussing information that has been covered in this toolkit chapter. If you need to, refer to this chapter to refresh your recollection.

See Chapter 2 to revisit key concepts.
Part one explains how to read the cases and a couple of important concepts to keep in mind for all legal cases. Part two provides information on the substantive concept of employmentatwill, part three discusses the theoretical bases for all substantive employment discrimination actions, and part four describes legal resources for searching for further legal information.

Guide to Reading Cases
Thank you very much to the several students who have contacted us and asked that we improve your understanding of the text by including a guide to reading and understanding the cases. We consider the cases an important and integral part of the chapters. By viewing the court decisions included in the text, you get to see for yourself what the court considers important when deciding a given issue. This in turn gives you as a decision maker insight into what you need to keep in mind when making decisions on similar issues in the workplace. The more you know about how a court thinks about issues that may end up in litigation, the better you can avoid litigation altogether.
In order to tell you about how to view the cases for better understanding, we have to give you a little background on the legal system. Hopefully, it will only be a refresher of your previous law or civics courses.

Stare Decisis and Precedent
LO2 Explain and distinguish the concepts of stare decisis and precedent.

The American legal system is based on stare decisis, a system of using legal precedent from prior cases to determine what happens in the case now before the court. Once a judge renders a decision in a case, the decision is generally written and placed in a law reporter and must be followed in that jurisdiction when other similar cases arise. Through the process of stare decisis, the case thus becomes precedent found in a court reporter when future cases arise involving that issue. It is court reporters that you usually see as the matching sets of books in law offices on TV shows and in movies. Now you know why you see them there. They are where lawyers go to find the precedent for the cases they are involved in. stare decisis Latin for “to stand by a decision.” Process of a court using prior decisions to determine the decision for the case before it.

legal precedent
Court opinions from cases that have already been decided that are used to determine similar cases later.

law reporter
Book in which court opinions are placed.

Our court systems are either state or federal. State courts hear violations of state laws, which vary from state to state, while federal courts generally hear cases based on federal laws, which apply to all states. Most of the cases in our chapters are from federal courts since most of the topics we discuss are based on federal law. Federal courts consist of trial courts (called the U.S. District Court for a particular district), courts of appeal (called the U.S. Circuit Court for a particular circuit), and the U.S. Supreme Court. Trial courts have one judge and, if the parties request, a jury. The court and jury hear the witnesses testify and evaluate the evidence allowed by the judge to be presented. The jury decides facts based on the witnesses and evidence, and the judge determines the law and procedural matters. Once the decision is made, the judge writes the decision, which then becomes precedent for later cases in that jurisdiction. The circuit courts of appeal cases are appeals from the district court when one or both of the parties allege that legal error was committed by the trial court. Circuit court appeals are generally heard by threejudge panels, with one judge writing the decision for the majority of the court. If a judge wishes to do so, he or she may write a concurring opinion to go along with
the majority, or, if the judge disagrees, he or she may write a dissenting opinion. These majority decisions are then precedent for all courts in that circuit, including the district courts within the circuit. If a circuit court case is particularly novel and a party disagrees with the court’s decision, the party can request a rehearing en banc, in which all of the circuit court page 54judges for a jurisdiction rehear the case and make a decision, rather than simply a threejudge panel. Although the U.S. Supreme Court has original jurisdiction over certain types of cases, most of its decisions are generally appeals from the circuit court alleging legal error committed by the circuit court and are heard by all (usually nine) justices of the court. Supreme Court decisions are written by one judge, with other judges either joining in the opinion if they concur or dissenting if they do not. U.S. Supreme Court decisions apply to all courts in the country. When lower courts are faced with a novel issue they have not decided before, they can look to other jurisdictions to see how the issue was handled. If such a court likes the other jurisdiction’s decision, it can use the approach taken by that jurisdiction’s court. However, it is not bound to follow the other court’s decision since that court is not in its jurisdiction. States have court systems parallel to the federal court system. They vary from state to state, but generally there is also a trial court level, an intermediate court of appeals, and a state supreme court. For our purposes, the state court system works very much like the federal system in terms of appeals moving up through the appellate system, though some states have more levels. Once the case is decided by the state supreme court, it can be heard by the U.S. Supreme Court if there is a basis for appealing it to that court. Once a case is heard by the U.S. Supreme Court, there is no other court to which it can be appealed. Under our country’s constitutionally based system of checks and balances, if Congress, who passed the law the Court interpreted, believes the Court’s interpretation is not in keeping with the law’s intended purpose, Congress can pass a law that reflects that determination. This has been done many times. For instance, in General Electric v. Gilbert, 429 U.S. 125 (1976) when the U.S. Supreme Court held that it was not gender discrimination for an employer to not recognize differences based on pregnancy as a type of gender discrimination, Congress passed the Pregnancy Discrimination Act specifically including pregnancy in the definitions in Title VII of the Civil Rights Act of 1964.

LO1 Understand how to read and digest legal cases and citations.

Understanding the Case Information

With this in mind, let’s take a look at a typical case included in this textbook. Each of the cases is an actual law case written by a judge. Choose any case to go through this exercise. The first thing you will see is the case name. This is derived from the parties involvedthe first name is the party suing (called plaintiff at the district court level), and the second name is the party being sued (called defendant at the district court level). At the court of appeals and Supreme Court level, the first name reflects who appealed the case to that court. It may or may not be the party who initially brought the case. This means that the name of the case may be different at different levels of its history. At the court of appeals level, the person who appealed the case to the court of appeals is known as the appellant, and their name would be first. The other party responding to the appeal is known as the appellee. At the Supreme Court level, they are known as the petitioner and the respondent.

Why do you think some states are particularly concerned for low-wage workers having to sign non-compete agreements? What are the strongest arguments in favor of employers, such as Jimmy John’s and others, being permitted to enforce non-compete clauses such as these?

1“Working day” is generally computed by counting the number of employees maintained on the payroll in a given week, as opposed to the number of employees who work on any one day. This calculation provides for a more expansive definition of “employer” since it includes hourly and parttime workers. Walters v. Metropolitan Educational Enterprises, Inc., 72 FEP Cases (BNA) 1211 (1997). Note, however, that this form of calculation is merely the majority approach; other courts have found that parttime employees who work for any part of each day of the workweek should be counted, while parttime employees who work full days for only a portion of the workweek should not be counted.

2The order exempts (1) employers with contracts of less than $10,000 from the requirement to include an equal employment opportunity clause in each of their contracts; (2) contracts for work performed outside the United States by employees not recruited within the United States; (3) contracts with state and local governments by providing that the EEO requirements do not apply to any agency of that government that is not participating in the work of the contract; (4) religious educational institutions that hire only people of that religion; (5) preferences offered to Native Americans living on or near a reservation in connection with employment on or near the reservation; and (6) certain contracts on the basis of national interest or security reasons.

The “Freedom” to Contract in the Regulatory Employment Environment

In the age of increasingly complex regulations governing the workplace, the relationship between employer and employee essentially is still based on an agreement. As you will see throughout this text, terms and conditions of employment may be subject to regulation or open to contractual negotiation and either expressed or implied. Though an employer is generally free to design contract terms of any kind, the terms and conditions set by an employer cannot violate the letter or the spirit of the applicable laws we have discussed or will discuss in chapters to come.
In addition, you will learn that courts and legislatures sometimes determine that certain types of agreements between employer and employee are unenforceable. The focus of our discussion, therefore, is how the employment relationship is regulated, in general. Covenants Not to Compete (NonCompete Agreements)

LO6 Describe the permissible parameters of noncompete agreements.

One employment constraint that has received varying degrees of acceptance by different states is the covenant not to compete or noncompete agreement. While individuals in positions of trust and confidence already owe a duty of loyalty to their employers during employment, even without a noncompete agreement, a noncompete agreement usually includes prohibitions against disclosure of trade secrets, soliciting the employer’s employees or customers, or entering into competition with the employer if the employee is terminated. noncompete agreement (or covenant not to compete) An agreement signed by the employee agreeing not to disclose the employer’s confidential information or -enter into competition with the employer for a specified period of time and/or within a specified region. Noncompete agreements are pervasive in U.S workplaces. At least 27 percent of the private sector workforce in 2019 is subject to noncompetes (130 million workers), compared with 18 percent in 2014.52
In 2018, the Workforce Mobility Act (WMA) was introduced in the U.S. Senate and the U.S. House of Representatives. However, since it was not enacted by January 2019, it failed in Congress. If it had passed, it would have abolished covenants not to compete nationwide and also would have provided the Department of Labor (DOL) with broad enforcement power. If it is reintroduced and enacted, the legislation will empower the DOL to enforce the ban through fines on employers who either fail to notify employees that noncompete agreements are illegal or who require employees to sign covenants not to compete.53 While this act did not make it out of the Senate, Florida Senator Mark Rubio introduced the Freedom to Compete Act in January 2019, which continued to be considered at time of publication. In addition, currently all states allow employers some level of control over the extent to which an employer can restrict a former employee from competing.
States vary widely, from explicitly permitting noncompete agreements to permitting agreements under certain circumstances to strictly prohibiting agreements that limit for whom a former employee can work and where he or she can work. Notably, California, Colorado, Idaho, Massachusetts, Montana, North Dakota, Oklahoma, and Utah severely restrict the use of non competes in their page 30entirety.54 Bills pending in the Vermont and New Jersey legislatures would generally ban noncompetes (with limited exceptions). The Vermont bill would only permit noncompetes in the context of the sale of a business or dissolution of a partnership or interest in a limited liability company.55 Meanwhile, Georgia voters enacted a state constitutional amendment specifically expanding the enforcement of reasonable noncompetes in order to make that state more economically attractive to business.56 In some states, certain professions are exempted from prohibitions against noncompetes. For example, in certain states, prior employers can enforce noncompetes against “management personnel,” while they may not enforce the agreements against other types of workers; some regions instead specifically exempt security guards and physicians. In many states, an employer may restrict a past employee based on location, the length of time, and the type of work she or hemay conduct, as long as the restrictions are reasonable and necessary to protect a business interest.57 Some states restrict noncompete clauses for entire industries. For example, in 2018, Utah modified its laws to limit the enforcement of noncompetes against employees in the broadcasting industry. If an employer seeks to enforce a noncompete against an employee in the broadcasting industry, the employer must confirm that (1) the employee is paid a salary of at least $913 per week, (2) the noncompete provision was part of a written employment agreement, and (3) the employee must have been terminated for cause or must have breached the employment agreement to result in termination.58 Because of these statebystate differences, it is critical to have forum selection clauses in contracts that stipulate the state law that will apply to the contract in question.

Forum selection clauses
A clause in a contract that identifies the state law that will apply to any disputes that arise under the contract.
But how do you know what will be considered reasonable restrictions on an employee’s ability to compete after the employment relationship has ended? The common law generally prohibits the restriction if it is more broad than necessary to protect the employer’s legitimate interests or if the employer’s need is outweighed by the hardship to the employee and likely injury to the public.59 Employees also are sometimes prohibited from entering into noncompete agreements with certain groups of people, such as lowincome earners. Illinois prohibits noncompetes with “lowwage” employees, and there is legislation in New York City that seeks to do the same.60
(See Exhibit 1.7, “LowWage Employees.”)

Exhibit 1.7 LowWage Employees
The Illinois Freedom to Work Act went into force on January 1, 2017. The act bars certain Illinois employers from entering into noncompete agreements with “lowwage employees.” The
act defines a lowwage employee as a person who earns less than $13.01 per hour. If the federal, state, or local minimum wage is raised above $13.01, then the act applies to any person earning the minimum wage. The act prohibits employers from entering into noncompetition clauses that would restrict lowwage employees from performing: Any work for another employer for a specified period of time; Any work in a specified geographical area; or Work for another employer that is similar to such lowwage employee’s work for the employer included as party to the agreement.

Source: Illinois Freedom to Work Act, 820 Ill. Comp. Stat. Ann. 90.
To determine reasonableness, courts look to the location and time limitations placed on the employee’s ability to compete. The definition of competition under the noncompete agreement is also relevant: Is the employee prohibited from working in any capacity with a competitor or merely restricted from entering into direct competition with the employer? Restrictions that are for an indefinite period of time or that prohibit the employee from working “anywhere in the United States” would likely be considered unreasonable. However, as an example, restricting an employee from engaging in direct competition with the employer for one year from the end of their employment relationship within the same county may be considered reasonable. Generally, in order to be considered reasonable, the restrictive covenant should not prevent the employee from earning a living of any sort under its terms.


It is generally accepted that a valid restrictive covenant will meet the following qualifications:

  • It protects a legitimate business interest.
  • It is ancillary to a legitimate business relationship.
  • It provides a benefit to both the employee and employer.
  • It is reasonable in scope and duration.
  • It is not contrary to the public interest.61

Consider the example of the rental space company WeWork, headquartered in New York. WeWork tried to enforce a very broad noncompete clause against its 3,300 employees nationwide.62 WeWork used noncompete agreements that prohibited all employees from working for competitors after leaving the company, regardless of job duties, knowledge of confidential information, or compensation. The agreement applied not only to executive and senior staff but also to all levels of employees. After an investigation and threat of litigation by both the New York Attorney General’s and the Illinois Attorney General’s offices, WeWork agreed torelease over 1,400 rankandfile employees nationwide from noncompetes. These 1,400 employees included cleaners, mail associates, executive assistants, baristas, and more, some of whom were paid as little as $15 an hour. Another nearly 1,800 employees, composed of employees who were community leads, community managers, interior designers, architects, senior software engineers, and others, had their previous noncompetes replaced with far less restrictive terms. These terms included a noncompete period shortened from one year to six months after employment ends; a dramatically smaller geographic restriction, from any geographic areas in which WeWork operated to just a 15mile radius of only those WeWork locations engaged in the business lines in which the employee worked; and a much more narrowly defined scope of competition, limiting the ban to the specific business lines in which the employee worked.63

Management Tips Additional Considerations

Always evaluate the status of your workers; do not assume employee or independentcontractor status for any worker.
Employment status is relevant to employer payroll and other financial issues; therefore, misclassification may be costly to the employer.

While an employer is not liable to independent contractors for discrimination based on Title VII, the independent contractor may have other causes of action. Therefore, hiring an independent
contractor is not a safe harbor from liability.
Monitor staffing firms with which you contract for temporary or other contingent workers to ensure that the workers are being properly paid and that the firm provides workers’ compensation coverage. Since statements in an employment policy manual may be construed in some circumstances as contractual promises, review all documentation as if you will be bound to it as a contract. Draft noncompete agreements that strive toward reasonableness. Reasonableness requires a balance among the business interests that you seek to protect, employee interests, and the public’s interest as well as a balance between a restraint that is not overly harsh or oppressive to the employee and no more broad than necessary to protect the company’s legitimate interests. A lesson learned from WeWork applies to all employers considering the use of noncompete agreements: reasonableness is measured by the realities of the industry and the nature of the employee’s occupation. As mentioned above, covenants not to compete sometimes also include provisions with regard to trade secrets or confidentiality with regard to other elements of employer intellectual property. This property might also include, for instance, customer relations and goodwill, specialized training, or particular skills unique to the workplace. The agreement often depends on what an employer considers to be trade secrets versus information in the public domain or commonly known in an industry. Confidential customer lists or customer preferences are often the source of trouble since they are usually maintained by individual workers based on professional relationships; however, most courts deem them property of the employer. Pricing, revenue, and other projections and marketing strategies are also commonly considered to be trade secrets. On the other hand, processes that are known by many in a particular industry and other information that is otherwise available through external sources are not considered to be company property.

Note that customer lists, if accessible through public means, would therefore no longer fall under the rubric of trade secrets.

Under the theory of inevitable disclosure, employers are protected against disclosure of trade secrets even if no noncompete applies. A court may prohibit a former employee from working for an employer’s competitor if the employer can show that there is imminent threat that a trade secret will be shared. The courts look to (1) whether the employee’s knowledge is exceptionally specialized and technical, (2) which would give either business (former or new) a significant page 33advantage in the market, and (3) whether the employee could perform her or his work without it. It might be highly unlikely, if not impossible, in some instances for some of these workers to conduct their work without disclosing the trade secret.

Inevitable disclosure
Theory under which a court may prohibit a former employee from working for an employer’s competitor if the employer can show that it is inevitable that the former employee will disclose a
trade secret by virtue of her or his position.

In one of the landmark cases in the area, for instance, Continental Aviation tried to purchase a very particular type of fuel injector pump from AllisChalmers, one of only three companies that marketed the pump in the world. When they were unable to reach terms, Continental instead simply hired the original designer of the pump from AllisChalmers to design the pump for Continental. In finding inevitable disclosure and imposing an injunction that prohibited the engineer from working at Continental, the court pointed out the “virtual impossibility of Mr. Wolff [the engineer] performing all of his prospective duties for Continental to the best of his ability, without in effect giving it the benefit of AllisChalmers’ confidential information.”64
The Uniform Trade Secrets Act (UTSA) is a model act that strives to provide guidance to states developing statutes in this and other related areas; by 2019, 49 states and the District of Columbia had adopted its structure. New York is the only state that has not adopted the UTSA and relies on common law.65 The UTSA provides relief in the form of monetary damages, attorney’s fees, and injunctive relief for misappropriation of trade secrets and does include a provision for inevitable disclosure. The Seventh Circuit’s decision in PepsiCo, Inc. v. Redmond66 is the seminal case to address inevitable disclosure after adoption of the UTSA. In that case, PepsiCo sought an injunction (a prohibition) against its employee, William Redmond, Jr., from accepting a position with a competitor, Quaker. Although Redmond had signed a confidentiality agreement relating to PepsiCo’s financial goals and strategic planning, the court granted the injunction for a period of five months, concluding that “a plaintiff may prove a claim of trade secret misappropriation by demonstrating that [the] defendant’s new employment will inevitably lead him to rely on the plaintiff’s trade secrets.” After PepsiCo, the inevitable disclosure doctrine gained popularity; however, despite a workable standard presented by the Seventh Circuit, state applications of the doctrine have remained inconsistent.67 While most states enforce it, some, like California, Kentucky, Maryland, and Massachusetts, have rejected inevitable disclosure as inconsistent with public policies favoring employee mobility.68 Others, like Louisiana or Virginia, require actual or threatened disclosure of trade secrets or “bad faith” on behalf of the employee.69 Once a noncompete agreement has been found to be valid, in order to be enforceable, it must also be supported by consideration offered in a bargainedfor exchange. In other words, the agreement by the employee not to compete with the employer is only enforceable if the employee also receives something in exchange for this agreement. Often, noncompetes are signed at the time an employee is first hired, so the offer of employment on its own is considered sufficient consideration. However, if an employee is asked to sign a noncompete agreement after being hired and is not offered any additional consideration, some states do not treat continued atwill employment as sufficient.70 It depends on the state in which the agreement is signed.71

Chapter Summary

No matter the size of your organization, as long as you have hired one individual to work for you, you are considered an employer and potentially subject to numerous federal and other
regulations as well as to wrongful termination liability.

Why is the definition of “employee” important? The distinction between employees and independent contractors is crucial from a financial perspective. Because many regulations require different responsibilities from employers of employees and independent contractors, it is imperative that an employer be confident of the classification of its employees.

How does an employer make the distinction between employees and independent contractors? The classification of employees may vary depending on the statute that is to be applied or on the court in which a given case is scheduled to be heard. However, the common thread is generally the right of the employer to control the actions of the worker. Where this is present, the worker is likely to be considered an employee. Other factors to be considered include those that are part of the economic realities test, which evaluates the economics of the employment situation. Finally, some workers may be classified statutorily as employees, making the distinction all the easier. Who is an “employer”? The definition of employer is generally agreed on. An employer is usually thought to be one who employs or uses others (either employees or independent contractors, or both) to do its work or to work on its behalf.

ChapterEnd Questions
Grace Cathedral Church owns a forprofit restaurant in Ohio called Cathedral Buffet. The buffet has both employees and volunteers that staff the restaurant. Volunteers perform many of the same restaurantrelated tasks as employees: cleaning, washing dishes, serving cake, chopping vegetables, and manning the cash register. However, there is one meaningful distinction between employees and volunteers. Employees receive an hourly wage; volunteers do not. The pastor often announces before his Sunday sermon that the buffet is shorthanded and needs more volunteers from the parish, claiming it is the “Lord’s Buffet” and that church members who repeatedly refuse to volunteer at the restaurant are at risk of “blaspheming against the Holy Ghost.” The pastor never promises any compensation. Restaurant managers work around volunteers’ schedules, ensuring they are free during their assigned shifts. If you were the Sixth Circuit, would you find that the volunteers are employees or independent contractors? What variables would help you in reaching your decision? [Acosta v. Cathedral Buffet, Inc., 892 F.3d 819 (6th Cir. 2018).]
A staffing firm provides landscaping services for clients on an ongoing basis. The staffing firm selects and pays the workers, provides health insurance, and withholds taxes. The firm provides the equipment and supplies necessary to do the work. It also supervises the workers on the clients’ premises. Client A reserves the right to direct the staffingfirm workers to perform particular tasks at particular times or in a specified manner, although it does not generally exercise that authority. Client A evaluates the quality of the workers’ performance and regularly reports its findings to the firm. It can require the firm to remove a worker from the job assignment if it is dissatisfied. Who is the employer of the workers?page 35 Uber Technologies, Inc., develops, markets, and operates the Uber app. The app allows consumers to request an Uber driver to pick them up and drop them off at the nearest location.

Uber drivers use their own personal cars and are viewed by Uber as independent contractors. Uber views the app as a conduit between the transportation providers and passengers. A passenger brought action against Uber after the Uber driver stabbed the passenger following an alteration. The passenger alleged that Uber was liable for negligent hiring, training, and
supervision. Should Uber be held liable for the actions of its driver? What must the passenger prove to win this case? [Search v. Uber Techs., Inc., 128 F. Supp. 3d 222 (D.D.C. 2015).]
Former student athletes at the University of Pennsylvania sued the university and also the National Collegiate Athletic Association (NCAA), alleging that they were employees entitled to a minimum wage under the Fair Labor Standards Act. Student participation in collegiate athletics is entirely voluntary, and the court pointed out the “long tradition of amateurism in college sports [which], by definition, shows that student athleteslike all amateur athletesparticipate in their sports for reasons wholly unrelated to immediate compensation.” The Seventh Circuit, along with several courts in the past, ruled that student athletes are not employees. What do you think? Given the extreme amount of required time in training, the large amount of money earned by the universities where the students play, the potential for injury, and perhaps other factors you might identify, make an argument that student athletes should be viewed as employees. [Berger v. NCAA, 162 F.Supp.3d 845 (2016).]

Sandwich shop chain Jimmy John’s was investigated by the New York and Illinois Attorneys General Offices for forcing its employees to sign a noncompete agreement. The noncompete agreement prohibited workers from working at any other business that sells “submarine, hero type, delistyle, pita, and/or wrapped or rolled sandwiches” within two miles of any Jimmy John’s shop in the United States during their employment and for two years thereafter. Jimmy John’s agreed to stop making its employees sign the agreements as part of a legal settlement. Illinois and New York are two states that seek to protect lowwage workers from noncompete clauses. Why do you think some states are particularly concerned for lowwage workers having to sign noncompete agreements? What are the strongest arguments in favor of employers, such as Jimmy John’s and others, being permitted to enforce noncompete clauses such as these?72 Licensed taxicab drivers in Boston brought an action against cab companies, alleging that they were misclassified by the companies as independent contractors. The taxicab drivers alleged that they were deprived of minimum wages, overtime pay, tips, and the protections afforded by the Wage Act. In Boston, the police commissioner is given the task of creating a comprehensive system of rules and regulations governing the ownership, leasing, licensing, rate setting, and operation of taxicabs in the city. In order for a qualifying taxicab to be put into service, the owner must obtain a license, called a “medallion,” for each such taxicab.

Explain the duty to promote the success of the company contained in the Companies Act 2006. Using factors from the Act to illustrate your answers, critically evaluate whether or not the duty is successful in requiring directors to deliver ”enlightened shareholder value”.

Title of Dissertation:

Explain the duty to promote the success of the company contained in the Companies Act 2006. Using factors from the Act to illustrate your answers, critically evaluate whether or not the duty is successful in requiring directors to deliver ”enlightened shareholder value”.

Discuss common gender realities which clash with common basis for illegal workplace determinations. Discuss common gender realities which clash with common basis for illegal workplace determinations.

Discuss common gender realities

Discuss common gender realities which clash with common basis for illegal workplace determinations.

Response in two Paragraphs at least two to three paragraph of 6 sentences each:

Response to the following post in one Paragraph L.H :

Discuss common gender realities which clash with common basis for illegal workplace determinations.

Professor/Class,

Here are just a few of what gender realities look like in the workplace from the reading in Chapter 8.
• Women are better suited to repetitive, fine-motor-skill tasks.
• Women are too unstable to handle jobs with a great deal of responsibility or high pressure.
• Men make better employees because they are more aggressive.
• Men do not do well at jobs requiring nurturing skills such as day care, nursing, elder care, and the like.
• When women are criticized at work, they will become angry or cry.
• A married woman’s income is only extra family income.
• A woman who changes jobs is being disloyal and unstable

These realities are not only visible to the world it’s visible to the employees that go through some of these discriminating issues. As you can see gender discrimination doesn’t just apply to one specific category although women get the brut of the force.

Discuss common gender realities which clash with common basis for illegal workplace determinations. Discuss common gender realities which clash with common basis for illegal workplace determinations.

Discuss common gender realities

Discuss common gender realities which clash with common basis for illegal workplace determinations.

Response in two Paragraphs at least two to three paragraph of 6 sentences each:

Response to the following post in one Paragraph L.H :

Discuss common gender realities which clash with common basis for illegal workplace determinations.

Professor/Class,

Here are just a few of what gender realities look like in the workplace from the reading in Chapter 8.
• Women are better suited to repetitive, fine-motor-skill tasks.
• Women are too unstable to handle jobs with a great deal of responsibility or high pressure.
• Men make better employees because they are more aggressive.
• Men do not do well at jobs requiring nurturing skills such as day care, nursing, elder care, and the like.
• When women are criticized at work, they will become angry or cry.
• A married woman’s income is only extra family income.
• A woman who changes jobs is being disloyal and unstable

These realities are not only visible to the world it’s visible to the employees that go through some of these discriminating issues. As you can see gender discrimination doesn’t just apply to one specific category although women get the brut of the force.

Analyze the technical aspects pertinent to the scenario. Explain a minimum of three methods that would assist the security personnel and information technology specialists to detect if a cybercrime has been committed. Examine methods of retrieving and analyzing data from the internal network in order to gather necessary information that might assist in the prosecution of any responsible parties.

The Internal Cyber Investigation paper

Prior to beginning work on this assignment, review the CRJ626 Unusual VPN Activity Scenario as well as the CyberNav Privacy and Security Policy. You must support your statements throughout the paper with evidence from a minimum of 10 scholarly or professional sources in addition to your text. (Access the MSCJ Professional Sources (Links to an external site.) guide for assistance with finding appropriate professional resources.) For your paper, please consider the following problems related to the case study and policy documents:

Problem One: Determining if nefarious activity has indeed occurred.

Analyze the technical aspects pertinent to the scenario.
Explain a minimum of three methods that would assist the security personnel and information technology specialists to detect if a cybercrime has been committed.

Problem Two: Gathering necessary forensic evidence.

Examine methods of retrieving and analyzing data from the internal network in order to gather necessary information that might assist in the prosecution of any responsible parties.

Problem Three: Determining if an individual external or internal to the company caused the unusual VPN activity.

Evaluate legal issues that might arise in detecting cyber crimes committed by individuals external to the company.
Explain how the current policy addresses potential infractions by company employees.
Once you have addressed the identified problems noted above, review the CyberNav Privacy and Security Policy and draft suggested revisions to sections of the policy that will specifically address the issues presented in the CRJ626 Unusual VPN Activity Scenario.