Use the following fact pattern:

In October $2017,$ Sue Jones began working as a server for Blue Rock Caf$,$ Tom Ford is the owner. The Caf$$ hired $17$ servers and one full$-$time salaried manager, Joe Howard. Joe worked approximately $60$ hours a week $($four days a week, $15$ hours per day$)$ with his primary duties including opening the Caf$,$ handling customer, kitchen and server concerns, as well as making all deposits each day in the Blue Rock Caf$$ account. A regular Blue Rock Caf$$ customer, Frank Smith, always sat in Sue's section and ordered the lunch special, made inappropriate and lude remarks to Sue frequently when dining at the Caf$.$ Sue reported this conduct to Joe several times and requested that another server wait on Frank. Joe just chuckled and said, "Take it easy Sue, he brings us good business and always leaves you a large tip." After several weeks of complaining to Joe about Frank's behavior towards Sue, and no action being taken to support her concerns, Sue quit the Caf$.$ Needing additional servers, Tom placed an ad in the local paper and decided to replace Sue's shift with Steve Moody. While training at the Cafe, and before his first official shift as a server, Steve injured his back as a result of a clear slimy liquid spill covering the kitchen floor that was leaking steadily from a faulty pipe that should have been fixed by Ace Company. Ace Company was hired by Joe to fix the leaky pipe the previous week.

$(1)$ Sue decides to file a discrimination lawsuit against Blue Rock Caf$$ for violating Title VII of the Civil Rights Act of $1964.$ Tom Ford denies responsibility of any Title VII violations based on the fact that the action that instigated the lawsuit was a direct result of a customer, not Tom's workers. Decide and provide legal support for your decision.

$(2)$ Without Tom's knowledge, Joe decides to purchase a new grill for the Caf$$ to make service more efficient. While the grill is being installed, Tom for the first time learns about the expensive purchase and demands that it be returned for a full refund from the Seller. Will Tom be able to avoid this transaction? Please explain and provide legal support for your decision.

$(3)$ Steve Moody wants to sue for his personal injuries resulting from the leaky pipe. Who is or are the proper defendant$($s$)$ in this lawsuit and Steve be successful? Please explain and provide legal support for your decision.

$(4)$ Joe demands that he is entitled to overtime wages pursuant to the Fair Labor Standards Act. Is Joe correct? Explain your decision.