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1. Did Wells undermine Dunlap intentionally?
2. Under a traditional employment-at-will doctrine, did Ormet have the right to fire Wells?
3. Did the court permit Ormet to fire Wells?

1. How did the court define the public policy doctrine?
2. Is this holding a narrow or broad interpretation of the public policy doctrine?

Could an incompetent employee be fired under this ruling?

Does the public policy doctrine in Minnesota apply?

1. Why did Turner fire Noyes and Kozloski?
2. Under a traditional employment-at-will doctrine, did Turner have the right to fire Noyes and Kozloski?

1. Did the court permit Turner to fire Noyes and Kozloski?
2. How did the court define the public policy doctrine?

Is this holding a narrow or broad interpretation of the public policy doctrine?

Is company e-mail private?

What was the “Jim Jones Koolaid affair?”

Match the following terms with their definitions:
___ A. Equal Pay Act
___ B. Right to sue letter
___ C. ADEA
___ D. Title VII
___ E. ADA
1. Statute that prohibits an employee from being paid at a lesser rate than employees of the opposite sex for equal work
2. Statute that prohibits discrimination on the basis of race, color, religion, sex, or national origin
3. Permission from the EEOC for a plaintiff to proceed with his case
4. Statute that prohibits age discrimination
5. Statute that prohibits discrimination against the disabled

True or False:
1. In a disparate impact case, an employer may be liable for a rule that is not discriminatory on its face.
2. Title VII applies to all aspects of the employment relationship, including hiring, firing, and promotion.
3. If more whites than Native Americans pass an employment test, the test necessarily violates Title VII.
4. Employers that have contracts with the federal government are required to fill a quota of women and minority employees.
5. Employers do not have to accommodate an employee’s religious beliefs if doing so would impose an undue hardship on the business.

(Multiple Choice)
1. Which of the following steps is not required in a disparate treatment case?
A. The plaintiff must file with the EEOC.
B. The plaintiff must submit to arbitration.
C. The plaintiff must present evidence of a prima facie case.
D. The defendant must show that its action had a nondiscriminatory reason.
E. The plaintiff must show that the defendant’s excuse was a pretext.

2. An employer can legally require all employees to have a high school diploma if:
A. All of its competitors have such a requirement.
B. Most of the applicants in the area have a high school diploma.
C. Shareholders of the company are likely to pay a higher price for the company’s stock if employees have at least a high school diploma.
D. The company intends to branch out into the high-tech field, in which case a high school diploma would be needed by its employees.
E. The nature of the job requires those skills.

3. Which of the following employers has violated Title VII?
A. Carlos promoted the most qualified employee.
B. Hans promoted five white males because they were the most senior.
C. Luke refused to hire a Buddhist to work on a Christian Science newspaper.
D. Max hired a male corporate lawyer because his clients had more confidence in male lawyers.
E. Dylan hired a man to work as an attendant in the men’s locker room.

4. Which of the following activities would not be considered sexual harassment?
A. Shannon tells Connor she will promote him if he will sleep with her.
B. Kailen has a screen saver that shows various people having sex.
C. Paige says she wants “to negotiate Owen’s raise at the Holiday Inn.”
D. Nancy yells “Crap!” at the top of her lungs every time her rotisserie baseball team loses.
E. Quid pro quo.

5. Which of the following activities is not a violation of the law?
A. When Taggart comes to a job interview, he has a white cane. Ann asks him if he is blind.
B. Craig refuses to hire Ben, who is blind, to work as a playground supervisor because it is essential to the job that the supervisor be able to see what the children are doing.
C. Concerned about his company’s health insurance rates, Matt requires all job applicants to take a physical.
D. Concerned about his company’s health insurance rates, Josh requires all new hires to take a physical so that he can encourage them to join some of the preventive treatment programs available at the company.
E. Jennifer refuses to hire Alexis because her child is ill and she frequently has to take him to the hospital.

When Michelle told her boss that she was pregnant, his first comment was, “Congratulations on your pregnancy. My sister vomited for months.” Then he refused to speak to her for a week. A month later, she was fired. Her boss told her the business was shifting away from her area of expertise. Does Michelle have a valid claim? Under what law?

John Mundorf hired three women to work for Gus Construction Co. as traffic controllers at road construction sites in Iowa. Male members of the construction crew incessantly referred to the women as “f-king flag girls.” They repeatedly asked the women if they “wanted to f-k” or engage in oral sex. One crew member held a woman up to the cab window so other men could touch her. Another male employee exposed himself to the women. Male employees also urinated in a woman’s water bottle and the gas tank of her car. Mundorf, the supervisor, was present during some of these incidents. He talked to crew members about their conduct, but the abuse continued until the women quit. What claim might the women make against their coworkers? Is Gus Construction Co. liable for the acts of its employees? What procedure must the women follow to pursue their claim? Why do you think these men behaved this way? Why did they want to humiliate their coworkers? What should the supervisor have done when he observed these incidents? What would you have done if you were the supervisor? Or a fellow employee?

Peter Oiler was a truck driver at the grocery chain Winn-Dixie. He was also a transvestite—he liked to dress as a woman. When his supervisor at Winn-Dixie found out about his cross-dressing, Oiler was fired. Is Winn-Dixie in violation of the law?

The Lillie Rubin boutique in Phoenix would not permit Dick Kovacic to apply for a job as a salesperson. It only hired women to work in sales because fittings and alterations took place in the dressing room or immediately outside. The customers were buying expensive clothes and demanded a male-free dressing area. Has the Lillie Rubin store violated Title VII? What would its defense be?

When Thomas Lussier filled out a Postal Service employment application, he did not admit that he had twice pleaded guilty to charges of disorderly conduct. Lussier suffered from post-traumatic stress disorder (PTSD) acquired during military service in Vietnam. Because of this disorder, he sometimes had panic attacks that required him to leave meetings. He was also a recovered alcoholic and drug user. During his stint with the Postal Service, he had some personality conflicts with other employees. Once, another employee hit him. He also had one episode of “erratic emotional behavior and verbal outburst.” In the meantime, a postal employee in Ridgewood, New Jersey, killed four colleagues. The Postmaster General encouraged all supervisors to identify workers who had dangerous propensities. Lussier’s boss discovered that he had lied on his employment application about the disorderly conduct charges and fired him. Is the Postal Service in violation of the law?

Did Harrah’s requirement that women wear make-up violate Title VII?

1. Harrah’s “Personal Best” policy establishes different requirements for men and women. Isn’t that illegal?
2. Do you mean it is legal to treat men and women differently in the workplace?
3. But women had to wear make-up and men didn’t. Isn’t that a heavier burden?

Isn’t that obvious? Did the court think that make-up is free?

If a hospital or clinic refused to hire male OB-GYNs, would it be in violation of Title VII?

1. Would the hospital have a defense?
2. Is this a legitimate defense?

To be a violation of Title VII, must sexual harassment seriously affect the employee’s psychological well-being?

1. Would Hardy’s comments offend a reasonable woman?
2. So why did the lower court rule against Teresa Harris?

Did the Supreme Court agree?

How can you tell if you are committing sexual harassment?

Is disparate impact a violation of the ADEA? Were these police officers adversely affected because of their age?

1. Can a plaintiff bring a disparate impact claim under the ADEA?
2. Did the City of Jackson base its decision on reasonable factors other than age?

Is the scope of a disparate impact claim under the ADEA as broad as it is under Title VII?

Was Williams disabled, within the terms of the Americans with Disabilities Act? Did Toyota violate the ADA?

1. Could Williams perform her job at Toyota?
2. Could Williams operate without assistance in her personal life?
3. Was she disabled, under the terms of the ADA?

1. Do you agree with this decision? Is it compassionate?
2. Why didn’t Toyota let her continue to perform just the two jobs she was capable of doing?

1. What is a disabled person?
2. The twin sisters had 20/200 vision. Were they disabled?

1. Could you argue that they were not disabled?
2. But didn’t their impairment prevent them from getting the job they wanted?

1. How many Americans currently have some disability as defined by the ADA?
2. How many people have correctable disabilities?

Is it fair to give higher raises to younger officers?

Match the following terms with their definitions:
___ A. ULP
___ B. Exclusivity
___ C. Collective bargaining unit
___ D. Union shop
___ E. Concerted action
1. A specific group of employees that a union will represent
2. The union’s right to be the sole representative of workers
3. Management interference with a union organizing effort
4. Picketing and strikes
5. Workers within specified categories are required to join the union

True or False:
1. The union and management are both obligated to bargain until they reach a CBA or a court declares the bargaining futile.
2. Health benefits are a mandatory subject of bargaining.
3. During the last two decades, labor unions have grown by about 15 percent in the United States.
4. Workers are entitled to form a union whether management wants them to or not.
5. While organizing, workers may not discuss union issues on company property but may do so off the premises.

(Multiple Choice)

1. During a union organizing drive, management urges workers not to join the union and discusses a competing company which lost business after a union was formed. Management

A. Committed a ULP by urging workers to reject the union, but did not do so by discussing a competing company

B. Committed a ULP by discussing a competing company, but did not do so by urging workers to reject the union

C. Committed a ULP both by urging workers to reject the union and by discussing a competitor

D. Committed no ULP

E. Has violated other sections of the NLRA

2. Which of these does the NLRA not protect?

A. Right to form a union

B. Right to picket

C. Right to strike

D. Right to block nonunion workers from company property

E. Right to bargain collectively

3. The CBA at Grey Corp. has expired, as has the CBA at Blue Corp. At Grey, union and management have bargained a new CBA to impasse. Suddenly, Grey locks out all union workers. The next day, during a bargaining session at Blue, management announces that it will not discuss pay increases.

A. Grey has committed a ULP but Blue has not.

B. Blue has committed a ULP but Grey has not.

C. Both Blue and Grey have committed ULPs.

D. Neither company has committed a ULP.

E. Grey and Blue have violated labor law, but not by committing ULPs.

4. When the union went on strike, the company replaced Ashley, a union member, with Ben, a nonunion member. The strike is now over, and a federal court has ruled that this was a ULP strike. Does Ashley get her job back?

A. The company is obligated to hire Ashley, even if that requires laying off Ben.

B. The company is obligated to hire Ashley unless that would require laying off Ben.

C. The company is obligated to hire Ashley only if Ben voluntarily leaves.

D. The company’s only obligation is to notify Ashley of future job availability.

E. The company has no obligation at all to Ashley.

Gibson Greetings, Inc. had a plant in Berea, Kentucky, where the workers belonged to the International Brotherhood of Firemen & Oilers. The old CBA expired, and the parties negotiated a new one, but were unable to reach an agreement on economic issues. The union struck. At the next bargaining session, the company claimed that the strike violated the old CBA, which had a no-strike clause and which stated that the terms of the old CBA would continue in force as long as the parties were bargaining a new CBA. The company refused to bargain until the union at least agreed that by bargaining, the company was not giving up its claim of an illegal strike. The two sides returned to bargaining, but meanwhile the company hired replacement workers. Eventually, the striking workers offered to return to work, but Gibson refused to rehire many of them. In court, the union claimed that the company had committed a ULP by
(1) Insisting the strike was illegal; and
(2) Refusing to bargain until the union acknowledged the company’s position.
Why is it very important to the union to establish the company’s act as a ULP? Was it a ULP?

Fred Schipul taught English at the Thomaston (Connecticut) High School for 18 years. When the position of English Department chairperson became vacant, Schipul applied, but the Board of Education appointed a less senior teacher. Schipul filed a grievance, based on a CBA provision that required the Board to promote the most senior teacher where two or more applicants were equal in qualification. Before the arbitrator ruled on the grievance, the Board eliminated all department chairpersons. The arbitrator ruled in Schipul’s favor. The Board then reinstated all department chairs—all but the English Department. Comment.

This chapter refers in several places to the contentious issue of subcontracting. Make an argument for management in favor of a company’s ethical right to subcontract, and one for unions in opposition.

Did the picketing employees violate the NLRA by demanding to bargain directly with management?

Justice Marshall devoted his professional life to equal opportunity. He was the lawyer who argued Brown v. Board of Education before the United States Supreme Court, the landmark case that ended racial segregation in public schools. How could such a determined advocate of racial fairness rule that an obscure labor law issue was more important than equal treatment for all workers?

Was the NLRB’s order to bargain justified?

Presumably, all of these workers were employees at will. That means that management has the right to terminate them at any time. How can the company get in trouble for doing what it had a legal right to do?

1. Is the court ordering the company to allow a vote on the union?
2. Why do courts use bargaining orders in cases like this?

Did the company commit an ULP?

1. What is a ULP?
2. What ULP did the Board and the court conclude that Progressive committed?

1. Why did Progressive not want to hire union members?
2. Aren’t increased expenses, such as higher wages, a legitimate reason for not hiring someone?

May an employer who has fired a worker for union organizing be ordered to pay back wages when the employee was illegally in the country?

1. What is the issue in this case?
2. When did the company find out that Castro had no work authorization?

Why has this case taken so long to reach the courts?

Castro was never entitled to work lawfully in the United States, yet four justices believe he is entitled to back pay. How can that be?

How does the majority respond to the dissent’s points?

Should the arbitration award be affirmed even though the arbitrator relied on language that cannot be found in the CBA?

To support his ruling, the arbitrator quotes a provision of the CBA that does not exist! Why do both the trial court and the appellate court allow the arbitrator’s ruling to stand?

1. How rational is the award when it rests on phantom language?
2. What did the court find?

Why doesn’t the court review the arbitrator’s decision de novo (anew), without taking his explanation into account?

What does that mean?

Was the district court correct in overruling the arbitrator on public policy grounds?

Make an argument in support of the arbitrator’s decision.

Make an argument opposed to the arbitrator’s decision.

In the court’s opinion, why have all of the arguments above become irrelevant?

Was the videotaping a ULP? Was the strike a ULP strike?

What difference does it make whether a strike is an economic strike or a ULP strike?

1. Why does the union claim that this was a ULP strike?
2. What is the big deal about videotaping? Why does the court consider it so important?

The company claims it never committed a ULP. What are its arguments?

Why would anyone argue that “We didn’t do it but if we did we had a right to.” Doesn’t the second half undercut the first half?

What does the court decide about the videotaping?

1. Does that mean the workers win the case?
2. Why not?
3. Do the workers get their jobs back?

Why wasn’t it the cause of the strike?

Match the following terms with their definitions:
___ A. FCBA
___ B. FDCPA
1. Requires lenders to disclose the terms of a loan
2. Regulates credit reports
___ C. FCRA
___ D. ECOA
___ E. TILA
3. Regulates debt collectors
4. Prohibits lenders from discriminating based on race, religion, and sex
5. Regulates disputes between consumers and their credit card companies

True or False:
1. If a store advertises a product, it must have enough stock on hand to fill every order.
2. The FTC has established a national do-not-call registry.
3. Under usury laws, lenders are limited in the amount of interest they may charge.
4. Under the Truth-in-Lending Act, it does not matter how the information is disclosed, as long as it is disclosed someplace on the first page of the loan document.
5. T F A consumer reporting agency has the right to keep information in its files secret.

1. Which of the following statements is not true?
A. Mail-order companies must ship a product within the time stated.
B. If no time is stated, the mail-order company must ship within 30 days.
C. If a company cannot ship a product when promised, the company must cancel the order unless the customer indicates he wants the item.
D. If a company cannot ship the product within 30 days of the original shipping date, the company must cancel the order unless the customer indicates he still wants the item.
E. Each time the shipping date changes, the company must notify the customer.

2. If you receive a product in the mail that you did not order:
A. You must pay for it or return it.
B. You must pay for it only if you use it.
C. You must throw it away.
D. It is a gift to you.
E. You must pay for it but the company must reimburse you for postage.

3. Zach sells Cutco Knives door to door. Which of the following statements is not true?
A. The buyer has three days to cancel the order.
B. Zach must tell the buyer of her rights.
C. Zach must give the buyer a written notice of her rights.
D. The seller can cancel orally or in writing.
E. If the seller cancels, Zach must return her money within 10 days.

4. Depending on state law, if a lender violates the usury laws, the borrower could possibly be allowed to keep:
I. The interest that exceeds the usury limit
II. All the interest
III. All of the loan and the interest
A. I, II, and III
B. Only I
C. Only II
D. Only III
E. Neither I, II, nor III

5. Jodie is upset because her credit card bill shows a charge of $39 to a pornographic Web site that she never visited.
Under the FCBA:
A. She should call the credit card company to tell them that this charge is wrong.
B. She should call her parents to let them handle the problem.
C. The credit card company has 90 days to respond to a complaint by Jodie.
D. The credit card company has the right to close out her account until the dispute is resolved.
E. The credit card company must investigate a complaint and respond within 90 days.

Process cheese food slices must contain at least 51 percent natural cheese. Imitation cheese slices, by contrast, contain little or no natural cheese and consist primarily of water and vegetable oil. Kraft, Inc. makes Kraft Singles, which are individually wrapped process cheese food slices. When Kraft began losing market share to imitation slices that were advertised as both less expensive and equally nutritious as Singles, Kraft responded with a series of advertisements informing consumers that Kraft Singles cost more than imitation slices because they are made from five ounces of milk. Kraft does use five ounces of milk in making each Kraft Single, but 30 percent of the calcium contained in the milk is lost during processing. Imitation slices contain the same amount of calcium as Kraft Singles. Are the Kraft advertisements deceptive?

Josephine Rutyna was a 60-year-old widow who suffered from high blood pressure and epilepsy. A bill collector from Collections Accounts Terminal, Inc. called her and demanded that she pay $56 she owed to Cabrini Hospital Medical Group. She told him that Medicare was supposed to pay the bill. Shortly thereafter, Rutyna received a letter from Collections that stated:
You have shown that you are unwilling to work out a friendly settlement with us to clear the above debt.
Our field investigator has now been instructed to make an investigation in your neighborhood and to personally call on your employer. The immediate payment of the full amount, or a personal visit to this office, will spare you this embarrassment. Has Collections violated the law?

When customers called the number provided, New Rapids Carpet Center, Inc. sent salespeople to visit them at home to sell them carpet that was not as advertised—it was not continuous filament nylon pile broadloom, and the price was not $77. Has New Rapids violated a consumer law?
Get enough broadloom to carpet any area of your home or apartment up to 150 square feet cut, measured, and ready for installation for only $77. Get 100% dupont continuous filament nylon pile broadloom. Call collect

After TNT Motor Express hired Joseph Bruce Drury as a truck driver, it ordered a background check from Robert Arden & Associates. TNT provided Drury’s social security number and date of birth, but not his middle name. Arden discovered that a Joseph Thomas Drury, who coincidentally had the same birth-date as Joseph Bruce Drury, had served a prison sentence for drunk driving. Not knowing that it had the wrong Drury, Arden reported this information to TNT, which promptly fired Drury. When he asked why, the TNT executive merely stated, “We do not discuss these matters.” Did TNT violate the law?
Whether or not TNT was in violation, did its executives behave ethically? Who would have been harmed or helped if TNT managers had informed Drury of the Arden report?

Advertisements for Listerine mouthwash claimed that it was as effective as flossing in preventing tooth plaque and gum disease. This statement was true, but only if the flossing was done incorrectly. In fact, many consumers do floss incorrectly. However, if flossing is done right, it is more effective against plaque and gum disease than Listerine. Is this advertisement deceptive?
Does it violate §5 of the FTC Act?

Did BCE violate §5 of the FTC Act? If so, what is the proper remedy?

1. Is it reasonable for someone to believe that they could make $150,000 per year by selling business cards?
2. Did BCE tell the truth?
3. Were these business card dealerships a good investment?
4. Was it legal to sell them anyway?

Is it the role of the law to protect the silly and gullible?

Are the advertisements for the Helsinki Formula deceptive?

1. Could the Helsinki Formula cure or prevent baldness?
2. Then why did 70% of the men who used the Helsinki Formula for six months or more report “positive results”?

What’s so bad about the placebo effect? As long as the men end up with more hair, who cares how or why?

1. Have students ever been the victims of bait and switch sales practices? Have they noticed what some stores do to prevent charges of baiting and switching?
2. Is this a satisfactory solution?
3. Many charities send out return address labels printed with the recipient’s name, hoping for a contribution In return. Does the recipient have a (legal) obligation to make a contribution if she keeps the labels? What if she uses them?

Have these firms violated TILA?

Note that if Bonfiglio had borrowed money from a bank to pay the law firm, the bank would have had to comply with TILA. Why should the bank have to comply and not the law firm?

Is American Express liable to Gray for violating the FCBA?

1. Doesn’t American Express have the right to cancel an account whenever it wants?
2. Gray had signed a contract with American Express that allowed the company to cancel a card whenever it wanted. He’s a law professor, for heaven’s sake. If he didn’t want to abide by American Express’s rules, why did he sign the agreement?

Why shouldn’t American Express have the right to cancel an account anytime? Gray could always get another card from Visa or Mastercard.

What can you do if your credit report contains inaccurate information?

Did CEU violate the FDCPA?

1. Did Sherri Gradisher do anything wrong?
2. Then why did she win this case?

1. In the scheme of things, who behaved worse—Gradisher or CEU?
2. Did Allied Bond’s statement violate the FDCPA?
3. Is this agency in violation of the FDCPA?

What did CEU do wrong?

Did Gateway violate the ECOA?

1. Did Treadway ever file a loan application?
2. Then how could she claim that she had been denied credit?

Did the court rule that GCO had discriminated?

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