Alice Able began her employment with Burnside Electronics Corp. of Andover, Massachusetts in November 1984. She began
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Alice Able began her employment with Burnside Electronics Corp. of Andover, Massachusetts in November 1984. She began her work as a clerk-typist but was promoted to Sales Manager in 1992. Alice lives in Salem, New Hampshire.
On February 2, 2011, a ladder fell on her causing permanent damage to her right hand, her major hand. She returned to work on May 1, 2011 but needed a special keyboard for her computer because of her disability. Burnside provided the special keyboard at a cost of $500.00.
Shortly after she returned to work she learned that the other Sales Managers, all male, were paid more than she was. Two of the male managers were hired after her and one was hired before her. John Jones, the COO, was the person that set the pay rates for the employees. After she complained to the Human Resources Department on March 3, 2012, about pay disparity, she was given substantially more work than before.
As a result of the additional workload, her hand condition worsened to the point were she had to take an additional medical leave of absence. Alice's doctor told Alice that the impairment to her right hand was such that Alice could not return to work unless the workload was reduced. When Alice presented that to the Human Resources Department,
Alice was told that the workload was an essential function of her job, and that if she could not do the work, she would have to resign. Not thinking she had any choice, Alice resigned on May 10, 2012. After resigning, Alice had second thoughts and has come to you for legal advice on November 1, 2012. Alice is 54 years old, the only female Sales Manager, and the only Buddhist working at Burnside. The ages of the other Sales Managers are 58, 42, and 37 respectively. What potential claims does Alice have? What course of action would you recommend and Why?
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