21-1. Title VII Violations. Discuss fully whether either ol the following actions would constitute a violation of Title VII of the Civil Rights Act, as amended. (See Title VII of the Civil Rights Act.) (a) Tennington, Inc., is a consulting firm with ten employ- ees. These employees travel on consulting jobs in seven states. Tennington has an employment record of hiring only white males. (b) Novo Films is making a movie about Africa and needs to employ approximately one hundred extras for this picture. To hire these extras, Novo advertises in all major news- papers in Southern California. The ad states that only African Americans need apply. * 21-2. Religious Discrimination. Gina Gomez, a devout Roman Catholic, worked for Sam's Department Stores, Inc., in Phoenix, Arizona. Sam's considered Gomez a productive be employee because her sales exceeded $200,000 per year. At the time, the store gave its managers the discretion to grant unpaid leave to employees but prohibited vacations or leave during TE the holiday season-October through December. Gomez felt 21- that she had a "calling to go on a "pilgrimage" in October fess to a location in Bosnia where some persons claimed to have U.S had visions of the Virgin Mary. The Catholic Church had perf not designated the site an official pilgrimage site, che visions guid were not expected to be stronger in October, and tours were that! available at other times. The store managers denied Gomez's reviey request for leave, but she had a nonrefundable ticket and left anyway. Sam's terminated her employment, and she could not find another job. Can Gomez establish a prima facie case of "Expec reduct religious discrimination? Explain. (See Title VII of the Civil Rights Act.) S-A en S til W was to 21-3 21-4. Sexual Harassment by a Co-Worker. Billie Bradford worked for the Kentucky Department of Community Based Services (DCBS). One of Bradford's co-workers, Lisa Stander, routinely engaged in extreme sexual behavior (such as touch- ing herself and making crude comments) in Bradford's presence. Bradford and others regularly complained about Stander's conduct to their supervisor, Angie Taylor. Rather than resolve the problem, Taylor nonchalantly told Stander to stop, encouraged Bradford to talk to Stander, and suggested that Stander was just having fun. Assuming that Bradford was subjected to a hostile work environment, could DCBS be liable? Why or why not? [Bradford v. Department of Com- munity Based Services, 2012 WL 360032 (E.D.Ky. 2012)] (See Title VII of the Civil Rights Act.) 21-5. Age Discrimination. Paul Rangel was a sales pro- fessional for the pharmaceutical company sanofi-aventis U.S. LLC (S-A). For twenty years, Rangel had satisfactory performance reviews until S-A issued new Expectations guidelines that included sales call quotas and other standards that he failed to meet. After two years of negative performance s reviews, Rangelwho was then more than forty years old ft was terminated. The termination was part of a nationwide ot reduction of all sales professionals who had not met the of Expectations guidelines, including younger workers. Did wil S-A engage in age discrimination? Discuss. [Rangel v. sanofi aventis U.S., LLC, 507 Fed. Appx. 786 (10th Cir. 2013)] (See an Discrimination Based on Age.) 21-6. Discrimination Rased s se an Dicabili Based on Disability.) 21-7. Business Case Problem with Sample Answer- Sexual Harassment. Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., in San Antonio, Texas. Blanton was subjected to sexual and racial harassment by the general manager, who was female. New- ton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situ- ation, an employee should complain to the harasser's supervi- sor. Blanton alerted a shift leader and an assistant manager about the harassment, but they were subordinate to the gen- eral manager and did not report the harassment to higher-level management. When Blanton finally complained to a manager with authority over the general manager, the employer investi- gated and fired the general manager within four days. Blanton filed a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager's actions. What is Newton's best defense? Discuss. (Blanton v. Newton Associates, Inc., 593 Fed.Appx. 389 (5th Cir. 2015)] (See Title VII of the Civil Rights Act.) For a sample answer to Problem 21-7, go to Appendix Cat the end of this text. 21-8. Discrimination Based on Disability. Dennis Wal- lace was a deputy sheriff for Stanislaus County, California, when he injured his left knee. After surgery, he was subject (a to limits on prolonged standing, walking, and running. The county assigned him to work as a bailiff. The sergeants who supervised him rated his performance above average. Less than a year later, without consulting those supervisors, the county (b) 12 placed him on an unpaid leave of absence, under the mistaken belief that he could not safely perform the essential functions of the job. Wallace filed an action in a California state court against the county, alleging discrimination based on disability. Under state law, discriminatory intent is shown by evidence that an actual or perceived disability was a substantial moti- vating factor or reason for an employer's adverse employment action. An employee is not required to show that the action was motivated by animosity or ill will. Could Wallace likely prove the substantial motivating factor or reason" element? Explain. [Wallace v. County of Stanislaus, 245 Cal.App.4th 109, 199 Cal.ktr.3d 462 (5 Dist. 2016)] (See Discrimination Based on Disability.)