Week 4 ProjectAssignment DueOctober 16 at 11:59 PM

Supporting Lecture:

Review the following lecture:

• Workplace Harassment

OSHA

The project assignment provides a forum for analyzing and evaluating relevant topics for this unit on the basis of the course competencies covered.

Introduction:

The Occupational Safety and Health Act (OSHA) makes it illegal for employers to retaliate against an employee for voicing concerns and filing a safety complaint against the organization. The human resource manager, safety compliance manager, leaders, and employees should be well informed of all safety policies and disclose any violations. Conduct an Internet search to find a court case in which a whistle-blower faced termination or discrimination for disclosing safety violations against the employer.

Read the Court case on discrimination To answer questions below:

Consumer Financial Protection ActAlijaj v. Wells Fargo, No. 17-cv-1887 (S.D. N.Y. Feb. 9, 2022) (2022 U.S. Dist. LEXIS 23457) (Opinion & Order)

WHERE PRO SE PLAINTIFF FAILED TO ALLEGE THAT HE EXHAUSTED HIS ADMINISTRATIVE REMEDIES, COURT GRANTED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DISMISSING POTENTIAL SOX AND POTENTIAL CONSUMER FINANCIAL PROTECTION ACT CLAIMS

In Alijaj v. Wells Fargo, No. 17-cv-1887 (S.D. N.Y. Feb. 9, 2022) (2022 U.S. Dist. LEXIS 23457), the court had previously granted summary judgment dismissing Plaintiff's Title VII and Age Discrimination complaints, but not several unidentified whistleblower complaints because Defendant had not addressed those claims in the motion for dismissal. It that order, the court inferred that Plaintiff's pro se complaint was alleging a SOX complaint. Before the court was now Defendant's motion to dismiss the whistleblower complaints. The court granted the motion.

Although Plaintiff had still not identified the statutory basis for his whistleblower claims, the court read the pro se complaint broadly to allege violations of SOX. In addition, the court consider that Defendant's motion also addressed the possible application of the Consumer Financial Protection Act, 12 U.S.C. 5567, and the Dodd-Frank Act, 78u-6.

The court granted summary judgment on the SOX complaint because Plaintiff failed to establish that he exhausted his administrative remedies. He did not allege or provide any documents to show that he filed a SOX complaint with OSHA. Nor did Plaintiff offer any facts to show that he provided information to someone in a position of authority regarding conduct that fell within the enumerated laws in 1514A(a)(1)(C). He only alleged "ethical violations" and negative portrayals in performance evaluations.

As to the CFPA claim, it was unsettled law whether failure to exhaust administrative remedies is a FRCP 12(b)(1) jurisdictional flaw, or whether dismissal must be pursued under FRCP 12(b)(6). The court found, however, that because Plaintiff failed to allege anywhere in his complaint or his in response to the summary judgment motion, that he exhausted his administrative remedies under the CFPA, the CFPA claim must be dismissed.

Similarly, as to the Dodd-Frank claim, there was no allegation by Plaintiff that he contacted the SEC, or that he engaged in the type of disclosures protected by Dodd-Frank.

Questions:

1. Come up with a creative Topic

2. Introduction and thesis statement

3. Identify the parties involved in the OSHA violation and provide the factual details of the event, which led to litigation.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

4. Analyze the facts and apply the OSHA regulations for whistle-blowers.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

5. Analyze the facts and determine if the Sarbanes-Oxley Act (SOX) applies to the organization.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

6. Justify your view on what should have been done to prevent the OSHA violation as well as provide your advice and best OSHA practices to avoid future OSHA violations and litigations.

rewrite question be creative

please give an detailed explanation

please not short answers very important

please for citing sources use south university online library

please give long detailed explanation

7. Conclusion

please give an detailed explanation

please not short answers very important

*Please make sure to number each answer with question