Question: 1. The Supreme Court and the Ninth

> A female employee and her (now) spouse are hired as elementary teachers and receive the highest level evaluation for the year. At the end of the school year, the principal calls the two into her office with both their résumés on the desk and says she not

> 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?

> 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. The court determines that Kristi was fired based on Javier’s status as an undocumented immigrant, not his Mexican nationality. Do you agree that termination based upon the citizenship status (“alienage”) of a worker’s spouse is less unethical or wrong

> As a manager, an employee comes to you and tells you that he has a hunch that one of the other employees is probably gay. What do you do?

> When the FBI learns that Mary, its FBI agent, is a lesbian, Mary is fired. Mary goes to an attorney to find out about the possibility of suing to get her job back. What does the attorney likely tell her?

> Maureen brings her same-gender partner of 14 years to a company picnic. One of the other employees begins treating Maureen poorly at work after realizing she is a lesbian. Does Maureen have any recourse?

> Employee, a skydiving instructor, generally informs his customers that he is gay so that his female customers will not feel awkward when he is strapped to them. A female’s husband called the company and complained about employee doing this and employee i

> Trudy comes to Pat, her supervisor, and tells her that Jack has been sexually harassing her by making suggestive remarks, comments, and jokes; constantly asking her for dates; and using every available opportunity to touch her. Pat has been friends with

> An employer decides to shut down one of its three plants because the employees at that plant are almost exclusively women. The males who worked at the plant and lost their jobs as a result of the closing wish to sue for gender discrimination under Title

> A female employee is terminated for slapping a male employee. The male employee is not disciplined. Is this gender discrimination? Do you know all you need to know?

> A power company began employing women as meter readers, and the job classification went from all-male to all-female within a few years. The labor union that represented bargaining-unit employees negotiated a new collective bargaining agreement that froze

> 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 employee’s mother, sister, and two close friends also had been empl

> A female police officer becomes pregnant and, after a scuffle with an arrestee, is told by her doctor to request a light-duty assignment. The police department says it has no such positions available and that the officer must take leave until she can ret

> An accounts receivable supervisor was laid off by her employer after taking an extended disability leave for pregnancy. She claimed that the employer discriminated against her on the basis of gender and ability to bear children, stating that two male emp

> An employer had only one promotion to give, but he was torn between giving it to the single female and the male who had a family, and the employer thought, most needed and could best use the money. He finally decided to give the promotion to the male and

> 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 Muslim workers from going on floors occupied by a delegat

> Latinx 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 managers retaliated against them. Do the national origin ant

> Maria Cardenas, a Latina woman worked for Aramark as a housekeeper at McCormick Place convention center for over 20 years. It was a long-standing rule for employees that they could not remove any items from a trade show for personal use, even if an exhib

> 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 discrimination? Is it possible to commit national origin d

> 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, refused to grant his request for extended leave and in

> Mamdouh El-Hakem was employed by BJY, Inc. for more than a year. His manager repeatedly called Mamdouh, an Arabic employee, “Manny” or “Hank,” instead of his given name. His manager explained that he believed that Mamdouh would have a better opportunity

> 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 English except when speaking to a patient who had other

> 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 tires. Can he recover damages for national origin discriminati

> 1. Do you agree with the court’s decision? Why or why not? 2. How would you have handled this matter if you were the manager? 3. What do you think of Keller’s remarks about Vaughn becoming the “black matriarch” of Texaco; “meeting behind closed doors,” a

> Leon’s Frozen Custard, a locally-owned custard shop in Milwaukee, has an English-only policy that requires employees to speak only English while they are working. This includes when they speak to customers, regardless of the language spoken by the custom

> 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 acceptable under the law? Does the policy’s legality depend

> Which, if any, of the following scenarios would support an employee’s claim of discrimination on the basis of national origin? a) Applicant with a speech impediment is unable to pronounce the letter “r”. The applicant therefore often has difficulty being

> 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.” Can the black officer bring suit even for race discriminatio

> Bennie’s Restaurant chain routinely hires Hispanics, but it only assigns them to the lower-paying jobs as kitchen help, rather than as higher-paid servers, salad bar helpers or managers. Bennie’s says it does not discriminate because it has many Hispanic

> A black female employee is told that she cannot come to work with her hair in decorative braids traditionally worn in Africa, and if she continues to do so, she will be terminated. Does the employee have a claim under Title VII?

> A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small RH in the corner of black applicants’ applications. “RH,” she says, i

> Sam has worked at Allied for several years with no problems. Avril is transferred into Sam’s unit. Sam immediately begins having a strong allergic reaction to the perfume Avril wears each day. After having to take days off work because of his allergies,

> A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the basis that it is a legitimate decision because white firefighters would no

> What is the difference between an affirmative action goal and a quota? Is there a difference? Explain.

> 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 is called “race” vs. “ethnicity”? Explain.

> If race or gender can be the only factor in an employment decision, how long can it be a factor?

> Can race or gender be the only factor in an employment decision? Explain.

> Can affirmative action be used to benefit those who did not actually experience discrimination? Discuss.

> Must such discrimination have been committed by the employer or can the discrimination have been committed by society in general? Explain.

> If so, may it only be used to remedy identified past discrimination? Discuss.

> Anne is employed by Cory Contracting Company. Cory has a $1.3 million contract to build a small group of outbuildings in a national park. Anne alleges that Cory Contracting has discriminated against her, in that she has not been promoted to skilled craft

> What is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?

> 1. Do you agree with the court that IAB’s involvement constituted retaliation? Why or why not? 2. To what extent did the police department culture play a role in this decision? 3. What steps could the police department have taken to prevent these actions

> 1. Did the employer seem to intentionally violate the law? Explain. 2. What do you think would motivate an employer to prefer to deal directly with an employee participation group rather than a union? 3. Do you think it’s harmful to put the employer on “

> 1. Why do you think the employer refused to rehire the strikers after they gave an unconditional promise to return? 2. Do you think it is fair that employees striking because of an unfair labor practice are entitled to reinstatement? Explain. 3. Do you t

> 1. An approved drug-use test must be conducted within reasonable parameters. In Capua the court determined that a urine collection process may not be reasonable if “done under close surveillance of a government representative [as it] is likely to be a ve

> 3. Do you think the court made the right decision in this case? Explain. 2. Given that there is a statutory duty to bargain in good faith, why do you think management chose to do what it did? 3. Given how strict the final order to bargain was on manageme

> 1. Why do you think it was necessary to dissolve the relationship between criminal conspiracy and the labor movement? What was the relationship given between criminal acts and employees’ rights to control their environment at work? 2. Why do you think th

> 1. In your opinion, does the Ninth Circuit’s conclusion that Roe’s activities were protected by the First Amendment have merit? 2. Where do you think the line would have been drawn on Roe’s free speech rights by the Supreme Court had he not tied his act

> 1. Should Best Formed Plastics’ motion to dismiss have been granted? Why or why not? 2. If Ms. Stewart had only two Facebook friends who could see her post and they were Mr. Shoun and Mr. Shoun’s boss—who had already signed off on his medical leave and w

> 1. These conditions likely would not have been covered by the ADA before the 2008 amendments. Thus, if the discrimination had occurred before 2008, the ADAAA would not apply and Gogos may have been out of luck. 2. Does it matter whether Gogos’s conditio

> 1. Are you more persuaded by the analysis of the Tenth Circuit or the Seventh and Eighth (current case)? 2. Does this case represent a clear win for the employer? What guidance would you give an employer after the holding in this case? What policies migh

> 1. Is predictable attendance an essential job function of Harris’ position? Does Harris have a claim for relief under the ADA? 2. Do you believe the employer made a good-faith effort to reasonably accommodate the employee? Can you imagine a reasonable a

> 1. Under the direct method, what did Ferrari need to show to establish a disability under the ADA? Was he successful? Why or Why not? 2. What must Ferrari establish to succeed under the indirect method? Is Ferrari able to establish a prima facie case o

> 1. Do you think that the fact that an attorney was consulted before the acceptance of the offer would be relevant to determine whether the waiver was knowing and voluntary? 2. As an employer, what should you do to ensure the waiver an individual will be

> 1. How does the Court determine that Coats’ employment was lawfully terminated, despite the fact that medical marijuana use is permitted under Colorado law? Does it matter that the federal government is turning a blind eye to individuals who use medical

> Jared requested FMLA time off from his job to care for his partner, Samuel, who was suffering from a particularly acute case of adult mumps. Is the leave likely to be granted?

> What are the most important differences between public- and private-sector collective bargaining?

> 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 employees more difficult in age discrimination cases, as m

> The employer engaged in the practice of photographing an employee engaged in picket-line activity. Is this illegal surveillance, even though the activity was “open and obvious,” no action was taken against the employee, and the employer was preparing a d

> An employer was hiring employees after a strike. On employment applications, the employer asked the potential employees whether they belonged to a union. Was the employer engaged in an unfair labor practice?

> Bloom was hired to perform clerical work for Group Health, Incorporated Office and Professional Employees International Union Local 12. Group Health had negotiated a collective bargaining agreement that contained a union security clause that stated emplo

> An employee who suffers from fibromyalgia and degenerative disc and cervical disease worked as a Pulaski County juvenile detention officer from November 24, 2001, to May 21, 2013. Beginning in 2008, employee obtained an annual Family Medical Leave Act ce

> In two instances, Darden Restaurant did not hire applicants who were 52 and 49 years old, and instead hired many less experienced applicants outside the protected age group. Darden’s hiring officials told the unsuccessful applicants in the protected age

> A Pentecostal nurse claims she was constructively discharged after refusing, because of her religious beliefs, to assist in medical procedures she considered to be abortions. She was initially transferred from labor and delivery to the newborn intensive

> 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 not match the uniforms she is required to wear, so she m

> Employee is terminated for refusal to cover or remove his confederate flag symbols as requested by his employer. He sues the employer, claiming discrimination on the basis of his religion as a Christian and his national origin as a “Confederate Southern

> At the end of all her written communications, employee writes “have a blessed day.” One of employer’s most important clients requests that employee not do so and employer asks employee to stop. Employee refuses, saying it is a part of her religion. If em

> Applicant applies for a position with Ace Corporation. During the interview, Ace suspects that the applicant is gay. When asked why the suspicion, Ace says that the male applicant acted effeminately. Ace decides not to hire the applicant, who is otherwis

> 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 of the tests would impose a great burden on the employ

> 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 counters that the termination was due to poor performance, the

> A truck driver trainer sexually harassed a trainee and she brought suit for sexual harassment. The trainer claimed to have power over the trainee, but in reality, the trainer was not a supervisory employee. Is it possible for her to make her claim of qui

> 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. Margaret wants to bring a sexual harassment claim but feels

> 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?

> Dennis comes up to his supervisor, Mae, at a Christmas party and tells Mae he wants to sue for sexual harassment. Mae asks what happened. Dennis says that Linda came over to him and tweaked his cheek and called him sweetie. Dennis pursues the case. Does

> 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 committed by her ex-boyfriend, who has, since their break

> 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.

> Employee, a 33-year-old unmarried male, is frequently teased by the other males in his plant about being unmarried and still living at home with his mother. Is this sexual harassment?

> 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 didn’t know which tit to suck”; and in discussing a motorcycle seat,

> 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 the court? Explain. 3. How would you design a diversity p

> An employee says she was forced to quit her job because of her status as a mother of young children. She claimed that her female supervisor created a hostile work environment that violated Title VII. She was replaced by another mother. Does she win?

> 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 between the business’s headquarters in Virginia and the famil

> 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 begins shaking her violently and screaming at her. She r

> 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 non-Hispanic employees. In addition, they allege a hostile work

> 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 predominantly black. When a new principal is appointed, h

> 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?

> 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.

> Ken recruits applicants for several prominent companies. Often when the companies call for Ken’s services, they strongly hint that they do not wish to hire Southeast Asians, so Ken never places them with those companies. Is Ken liable for illegal discrim

> 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 addition, the black membership applicants are charged higher rat

> Can employers lawfully consider race or gender when making hiring or promotion decisions?

> 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 bargaining agreements cannot be violated to accommodate

> 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 Melinda?

> 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 EEOC has not yet moved on it. Teung feels the EEOC is v

> How long does a private employee have to file a claim with EEOC or be barred from doing so?

> 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 the position offered. In doing so, Security Pacific concealed

> What is the monetary floor an employer/federal government contractor must meet to have Executive Order 11246 imposed?

> 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 employee will perform well in a similar position at a ne

> 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 recruitment, selection or employment procedures? b. May an empl