Question: Jill, the owner of a construction business,

> 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. The Supreme Court and the Ninth Circuit reached different conclusions on the issue of the proper scope of the search. Which one do you think is the better approach? Why? 2. Both courts agreed that Quon did not have a reasonable expectation of privacy

> 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

> 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

> 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 of service locations in the region. In October 2008, Ha

> 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 order explained that the testing is needed because “the

> Phillips, an African-American woman, applied for a position as secretary at the Mississippi legislature as a “walk-in” applicant. Phillips worked in the same building, which was made up of approximately 80 percent African-American employees. She stopped

> 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 mistreated non-white employees in the workplace?

> In 1997, Bobby Randall was hired at Walmart. At the time, Randall was not a convicted felon but had been previously convicted three times on misdemeanor charges for indecent exposure. At the time of his hiring, Walmart did not have a policy in place that

> Can an employer automatically exclude all applicants with conviction records? What if the policy was limited to felony convictions?

> 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, although the charges were subsequently reduced to a misdemean

> 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 city has “positions ranging from fire and police, which

> 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 discrimination on the basis of age, gender, and affinity orient

> During the interview Gale had with Leslie Accounting Firm, Gale was asked whether she had any children, whether she planned to have any more children, to what church she belonged and what her husband did for a living. Are these questions illegal? Explain

> A construction company was sued for harassment when it failed to take seriously the complaints about offensive graffiti scrawled on rented portable toilets. The employer defended by saying (1) employees should be used to such rude and crude behavior. (

> 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 employment decision affecting Saeid. Is this sufficient for

> While reviewing pre-employment reports as part of her job, claimant read a report in which an applicant admitted commenting to an employee at a prior job that “making love to you is like making love the Grand Canyon.” Later, at a meeting convened by her

> Day Care Center has a policy stating that no employee can be over 5 feet 4 inches because the employer thinks children feel more comfortable with people who are closer to them in size. Does Tiffany, who is 5 feet 7 inches, have a claim? If so, under what

> 1. If you were Buonanno’s manager, how would you have handled this situation? 2. Think about the issue of an employee deciding not to accept a co-worker because of religious reasons. If you were the manager, how would you balance the two (workplace requi

> 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 she was excluded from meetings and important workplace

> Althea, black, has been a deejay for a local Christian music station for several years. The station got a new general manager and within a month he terminated Althea. The reason he gave was that it was inappropriate for a black deejay to play music on a

> 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 employer that he had discussed the new rules with an att

> Max Huber was the agency manager at Standard Insurance’s Los Angeles office. He was employed as an at-will employee, and his contract did not specify any fixed duration of guaranteed employment. Huber was discharged by the company after eight years becau

> Patricia Meleen, a chemical dependency counselor, brought charges alleging wrongful discharge, defamation, and emotional distress against the Hazelden Foundation, a chemical dependency clinic, in regard to her discharge due to her alleged sexual relation

> 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 practices on a number of occasions and was fired. She clai

> Ron and Megan Dible needed some extra money so they decided to charge money for viewing some sexually explicit photographs and videos of themselves that they had posted on the Internet. While this was an otherwise legal act, Ron Dible was a police office

> 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 lawsuit is the recipe for Thomas’ English Muffins, which are e

> Anthony and Philip Conway founded and operated Rochester Medical Corporation (RMC), a publicly traded medical-device company. C.R. Bard, Inc., (Bard) offered to purchase RMC at a very attractive price. Bard insisted, however, that the Conways had to sign

> 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 contract that stated specifically that he was an independent

> 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 based on sexual orientation and thus not protected by Tit

> 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 computer consulting, during which Long View paid Lucero p

> Licensed taxicab drivers in Boston brought an action against cab companies, alleging that they were misclassified by the companies as independent contractors. The taxicab drivers alleged that they were deprived of minimum wages, overtime pay, tips, and t

> Dr. Moshe Ashkenazi is a surgeon who was born in 1939. He had surgical privileges with the South Broward Hospital District. Pursuant to renewable contracts, he worked on-call shifts in several emergency rooms within the District for several years. In 201

> 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 an emergency room physician at Mercy Medical Center in Iowa

> Uber Technologies, Inc. develops, markets and operates the Uber app. The app allows consumers to request an Uber driver to pick them up and drop them off at the nearest location. Uber drivers use their own personal cars and are viewed by Uber as independ

> Think about the following questions from the point of view of violation of public policy or breach of a covenant of good faith and fair dealing and see what the outcome would be. a. A female child care worker alleges that she was unlawfully terminated fr

> 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 contends that it is because it is affiliated with the Illinoi

> A tenured professor falls down the stairs at her university and suffers a brain injury and is unable to work. She is told by the university that in order to be in compliance, she must apply for FMLA leave. She refuses to do so because she believes she wo

> In a construction project, a company built an 18-foot-by-20-foot trench that had to be lined with a special fabric. When the workers had trouble stretching the fabric over the trench, an employee volunteered to go into the trench and fix the problem. His

> A Christmas tree grower used seasonal help to assist in harvesting Christmas trees and did not pay them overtime wages since the growers deemed the employees as engaged in agriculture, which is exempted from the overtime provisions. The DOL argued that t

> 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 difference that this matter did not arise at the teacher’s

> Sasha is employed as the Winstons’ babysitter when they must occasionally stay over in town because of their jobs. Sasha is becoming increasingly discontented with her wages, which are below minimum wage. What relief does the FLSA provide for Sasha?

> All bright finds that Benito, Juana, and Lao Tsu, three of his employees, were the cause of the discovery of FLSA violations. As a result, he terminates them. Do the employees have any recourse? Explain.