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Questions and Answers of Employment Law Business

Eugene Stansberry managed Air Wisconsin’s operations at the Kalamazoo Airport from 1999 until 2007, when he was terminated. His wife suffered from a rare autoimmune disorder throughout his
The ADEA prohibits an employer from firing an employee for being old. However, in the wake of the Gross decision, can an employee be fired for being “old and ugly”? Though the question may sound
Allstate Insurance established a corporate restructuring plan in which it fired employee-agents, then rehired them either one year after they were fired or at the end of the severance they received,
1. Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations
A Baptist-run home for troubled youngsters terminates an employee for being a lesbian. Can it do so? How about terminating a practicing Nazarite from Taco Bell whose religious beliefs do not allow
Employee, a Muslim, is a management trainee at an airport car rental office. As part of her religious practice, employee wears a hijab (headscarf). She is told by her supervisor that the hijab does
1. Do the employer’s actions here seem reasonable to you (both those in response to diversity and in response to the employer’s reaction)?2. Would you have balanced the two sides here the same as
A female assistant at a hair salon is terminated. She brings suit under Title VII, alleging that it is because she is a lesbian whose overall appearance is more male than female. The employer
1. In your opinion, were the alternatives suggested by the court of appeals viable for TWA? Why or why not?2. Does it seem inconsistent to prohibit religious discrimination, yet say that collective
Charlie, the manager, does not like it that Chester wears an earring, and orders Chester to get rid of it or run the risk of termination. Chester refuses. Can Charlie terminate Chester?
1. What do you think the real problem was here? If you say that it was Jane trying to push too hard, explore what that really means. How responsible should the employer be for the discomfort of other
1. Title VII does not prohibit discrimination on the basis of sexual orientation. How would you characterize this case? How would you characterize this case? Do you see the discrimination as being
1. What would you have done if you had been the school administrator receiving calls in this situation?2. Do you think the school was correct in ignoring the teacher’s record?3. Does it make a
Joan, a female supervisor asks Margaret, one of her subordinates, out on a date. When Margaret refuses, Joan becomes mean to her at work and rates Margaret’s work poorly on her next evaluation.
A female employee has an operation on her breast, and when she returns to work, a male employee “jokingly” asks to see the scar. Actionable sexual harassment?
An employer asks an employee to go to dinner and drinks and said they could “see what happen(ed) after that.” Is this enough for a sexual harassment claim?
Two employees, Marge and Ben, are having a relationship and it later turns sour. When Marge does not get the promotion she goes up for, she sues the employer for sexual harassment, alleging it was
Employee sues employer for sexual harassment because her supervisor once touched her on her back and made an “untoward” statement to her. Will she win? Explain.
Jill, the owner of a construction business, says her construction crew will not work if she hires Hispanic crew members, so Jill does not do so. Is this a defense to a Title VII action?
1. Do you think justice was served in this case? Explain. Why do you think Patterson waited so long to sue?2. If you had been the manager when Patterson initially interviewed, would you have made the
José and César, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, José and César discover that they are being paid less than
Five white and one black canine unit officers sued for race discrimination when the operating procedures for their unit were drastically changed, they alleged, because the unit was “too white.”
1. What do you think of the employer’s argument that since its policies discriminated against blacks, the white employee should not be able to bring a suit for discrimination? Explain.2. Do you
1. How would you have handled this matter if you were the manager?2. What do you think of Keller’s remarks about Vaughn becoming the “black matriarch” of Texaco; “meeting behind closed
It is discovered that, at a health club, the owner has been putting a notation on the application of black membership applicants that reads “DNWAM,” which means, “do not want as member.” In
1. Are you surprised that this is a 2005 case? Explain.2. Given the evidence, do you understand why the lower court would have found that no race discrimination had taken place? Explain.3. What do
1. What do you think of the court’s quote from the Budinsky case about classification of race being stupid and inaccurate? Explain.2. Do you think it matters whether someone’s category
What is the proper comparison to determine if there is an under representation of women or minorities in the workplace?
Can employers lawfully consider race or gender when making hiring or promotion decisions?
1. Is it clear to you why a court would be able to include in its remedies those who are not directly discriminated against by an employer? Explain.2. If you were the court and were still trying to
What is the monetary floor an employer/federal government contractor must meet to have Executive Order 11246 imposed?
The city of Bozeman, Montana requires job candidates to list their social networking sites, usernames, and passwords on the city employee application. City Attorney Greg Sullivan explained that the
An individual contacts you in connection with a reference for one of your worst employees, who was just recently terminated for poor performance.This individual asks whether you believe the former
Please respond to the following in connection with recruitment, selection, or employment procedures:a. When, if ever, may an employer ask a candidate or employee for a photograph as part of
In the summer of 2007, Ollie Harmon was hired by CB Squared, an auto repair company that operated several Jiffy Lube franchises. Within a year, Harmon had been promoted and was in charge of a number
In March 2011, Florida Governor Rick Scott signed an executive order that included a requirement that the state’s 85,000 state employees be subject to random drug testing. The text of the executive
After being molested by his guidance counselor, a high-school student sues his school district. The guidance officer had previously been arrested attempting to check into a hotel with a minor,
In the process of its recruitment of Peters, Security Pacific informed Peters that the company was doing “just fine” and Peters would have “a long tenure” at Security Pacific should he accept
1. If the court in Consolidated ruled that, even though the statistics told another story, there was no evidence of “intentional” discrimination, would an unbalanced work force due to
Ted, the white coach of a local high school, has been at the school as a teacher, athletic director, and coach for 25 years. Over the years the neighborhood has changed from predominantly white to
Laurie, a lesbian and French national, was hired as a flight attendant to work in United Airlines’ hub in Paris. Laurie was terminated at age 40. She sues United Airlines alleging employment
Saeid, a Muslim, alleges that his supervisor made numerous remarks belittling his Muslim religion, Arabs generally, and him specifically. The comments were not made in the context of a specific
1. Does this case make sense to you? Why? Why not?2. The Court said the employer’s intent does not matter here. Should it? Explain.3. What would be your biggest concern as an employer who read this
1. Do you agree with the court that there is no “functional difference” between the three tests—the “common law agency” test, the “economic realities” test, and the “common law
Employer uses the “f***” word frequently in the workplace and makes statements to employee such as, in regard to an installer, he was always confused and bet that as a baby he “probably
1. Do you agree with the court’s use of the “reasonable victim” standard? Explain.2. Do you think the standard creates problems for management? If so, what are they? If not, why not?3. Do
1. What do you think of the Court not allowing the affirmative defense if there was a tangible employment action such as a discharge, demotion, or undesirable reassignment?2. Do you understand why
During an interview, an employer asks a female applicant questions such as whether she had children, what her child care responsibilities were, and how her family felt about her weekly commute
A cable company closed its door-to-door sales department and released all employees of that department after settling a discrimination complaint by one of the department’s employees. The
1. Are you surprised by this outcome? Why or why not?2. Does the outcome make sense to you? Explain.3. What would you have done if you were the employer in this situation?Issue: Whether it was gender
1. Are you surprised that this is a 2006 case? Why or why not?2. How do you think the fire department should have responded when the women registered complaints about their uniforms? Explain.3. Why
A female restaurant employee is on the phone in the kitchen talking to her mother. The chef of the restaurant comes up to the employee, throws off his chef’s hat, grabs both the employees arms, and
A nursing home instituted an English-only policy for its employees. Latino employees were disciplined for violating the policy. Is the policy void on its face, or are some English-only policies
Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or
Latino managers of a Florida-based tomato growing, packing, and distributing company harassed and intimidated Haitian production workers. When the Haitians complained about their treatment, the
A white, non-Latino meat cutter was fired by his supermarket employer and replaced with a Latino worker for reasons he believes were racially motivated. Can he sue the company for national origin
Wali Telwar, a practicing Muslim, applied for extended vacation time, using earned vacation hours, to make a pilgrimage to Mecca as required by his faith. His employer, Southern Hills Medical Center,
1. In your opinion, is there a conundrum created by legal protection against retaliation offered to the individuals in this case? They were working in the United States legally and then
1. Which argument, the majority’s or the dissent, do you find more compelling?2. What implications does this case have for hiring practices in parts of the United States where aliens are
In 2006, the management of Delano Regional Medical Center held a mandatory meeting for Filipino-American employees regarding the hospital’s English-only policy, which required employees to speak in
1. The court determines that Kristi was fired based on Javier’s status as an undocumented alien, not his Mexican nationality. Do you agree that termination based upon the citizenship status
An Egyptian-born doctor, who was a naturalized U.S. citizen, was subjected to harassment from his supervisor at a Texas hospital because of his national origin, including statements such as “Middle
A pipefitter in a Chrysler assembly plant, a Cuban-born Jew, was subjected from his co-workers to hate graffiti on his locker, such as “Heil Hitler,” and other harassment, such as slashed car
1. Who has to prove a company discriminated against an employee? Do you agree with the burden of this obligation?2. Do you believe that Dr. Alvarado-Santos could not possibly have experienced
1. Do you agree with the contention that denying a group the right to speak their native tongue denies them the right to cultural expression?2. Do employees have a “right” to cultural expression
The oil company Exxon Mobil Corp. employs 27 pilots to fly its fleet of corporate planes. In 1999, Exxon Mobil instituted a company-wide policy requiring that its pilots retire at the age of 60. In
1. Do you agree with the Dissent that the majority opinion in Gross completely alters the burden-shifting framework adopted in Price Waterhouse?2. Is the Gross opinion likely to make recovery by
Eugene Kilpatrick, who worked for Tyson Foods for 27 years, was terminated at age 68 and replaced by a much younger employee. His only evidence of age discrimination is an email from the manager
1. What is the basis for the determination that an employer should or should not be required to test applicants on an individual basis?2. Should an employer have available as a defense that the cost
In 2004, Lanita Thomas quit her job with United Airlines to work for Clay Lacy Aviation as a personal flight attendant on the Gulf Stream jet owned by retired NBA player Earvin “Magic” Johnson.
1. Is there any way the employer could have avoided this situation? Explain.2. If the employee had initially told the employer of her plan to write the letters and the employer had told her not to
1. What would you have done if you were the employer who saw this news article? Why?2. Does the court’s decision surprise you? Explain.3. If you were the employer, what would you do if the employee
Employee was designated male at birth and on her driver’s license, but considered herself a woman. When she used both the male and female bathroom at work, her employer asked her to supply a letter
A male firefighter is diagnosed with gender dysphoria seven years after coming onto the force and having no negative incidents with co-workers. As he begins to exhibit a more feminine demeanor, he
Employee sues employer, saying that he is being sexually harassed by gay males, who only harass young male employees. Does he have a cause of action? [(Wrightson v. Pizza Hut of America, Inc., 99
Any claimant who has a cause of action for employment discrimination can bring his or her claim under the post-Civil War statutes. True or False? Explain.
Melinda wants to file a sexual harassment claim against her employer but feels she cannot do so because he would retaliate against her by firing her. She also has no money to sue him. Any advice to
Lin Teung files a complaint with EEOC for national origin discrimination. His jurisdiction has a 706 agency. When Teung calls up EEOC after 45 days to see how his case is progressing, he learns that
How long does a private employee have to file a claim with EEOC or be barred from doing so?
1. Do you agree with the court’s decision? Explain.2. As a manager in this situation, how do you think you would have handled the chaplain’s complaints?3. Given the power that religious
An employee files a race discrimination claim against the employer under Title VII. The employee alleges that after filing a claim with the EEOC, her ratings went from outstanding to satisfactory and
A new employer policy at a dental office stated that the employees were unable to leave the office except to use the restroom, even with a patient cancellation. A husband of an employee emailed the
1. What should be done if, as here, the public likes the employer’s marketing scheme?2. Do you think the standards for BFOQs are too strict? Explain.3. Should a commercial success argument be given
Mariani was a licensed CPA who worked for Colorado Blue Cross and Blue Shield as manager of general accounting for human resources. She complained to her supervisors about questionable accounting
1. Do you think the Court should require actual evidence of discrimination in disparate treatment cases rather than permitting an inference? What are the advantages? Disadvantages?2. Practically
1. Are you persuaded by the state’s evidence that it had an individual of a different national origin who was treated similarly to Herawi? If Ward (or other managers) treated everyone equally
1. Is there a difference between the court’s protection of an employee who reports a rape by a co-worker or the theft of a car, and an employee who is constantly reporting the theft of the
Bimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from working for one of Bimbo’s competitors, Hostess. Among other trade secrets at issue in the
Arman was hired to drive an airport shuttle for a rental car company back and forth from the airport to the rental car company’s off-site parking lot. When Arman was hired, he signed a written
Consultants for Long View Systems signed agreements stating they were independent contractors, which also contained non-compete provisions. However, after one exclusive, three-month engagement for
A group of individuals began work for Microsoft as freelancers between 1987 and 1990 and were asked to sign agreements stating that they were independent contractors and were responsible for all
Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as
US Airways hired independent contractor Aubry Company to maintain and repair a luggage conveyor system at San Francisco International Airport. The airline neither directed nor had its employees
1. Though the court was quite clear that simply identifying workers as volunteers is insufficient to prevent Title VII application, does the name by which an employer calls its workers matter at all?
Campion is a firm that provides psychological services to police departments. The City of Minneapolis terminated its contract with Campion and entered into a new contract with Detrick. Campion

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