HRM593 Midterm -4 Different
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(TCO B) DePeters, Co. is
sued for sex discrimination on the grounds that too few women are hired because
fewer women than men achieve passing scores on a required manual dexterity and
physical strength test. DePeters, Co. offers in its defense that even though
fewer women score high enough on the test, a greater percentage of the passing
women are hired. The company maintains that, as a result, the percentage of
women in the workforce mirrors the percentage of available women in the labor
pool. A group of women who took the test and failed file suit. Explain the
basis for the cause of action, analyze the merits of the cause of action,
employer defenses, and likely outcome. Support your response with applicable
law.
2.
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Question :
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(TCO H) Kramer, a
black male, enters into an employment contract with Bonzai Consulting for a
three-year term. Shortly after the commencement of the term, it was made
clear to Kramer by some of his white colleagues that he was not welcome.
Kramer is frequently locked out of his office, his work is sabotaged, and his
mail is intercepted and destroyed. All of these actions render him
ineffective and lead to his eventual dismissal. Kramer sues. Analyze the
cause of action, legal basis for his claim, the viability of his claim,
measures that should have been taken by the company to minimize or avoid
liability, and use applicable law to support your response and conclusion.
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3.
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Question :
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(TCO A) Emmanuel &
Peterson is an extremely busy law firm specializing in litigation. In order
to keep up with the workload, the firm refuses to hire anyone as a secretary
who is unable to type at least sixty-five words per minute. As a result,
there are no male secretaries working for the firm. A group of male
applicants file litigation challenging this policy. Explain the legal basis
for the suit, the likelihood of prevailing in the cause of action, and the
defenses available to the firm.
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Porter, Co. has recently instituted a policy of promoting only
from within its employee pool. For years, the company hired for advanced positions
internally and externally. At the time when Porter, Co. instituted this new
policy of promoting exclusively internally, its workforce of 200 individuals
was 80% male and 20% female. The available labor pool of 3,000 qualified
individuals from which Porter, Co. might recruit for advanced positions,
were it looking outside as well as within, was 50% male and 50% female. Should
Porter, Co. have any cause for concern over the legality of the new promotions
policy? Explain in detail and support your conclusion with analysis of
potential legal liability, suggested revisions, and explanation of
possible consequences. (Points : 50)
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