HRM593 Midterm -4 Different

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.	Question :	(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.
3.	Question :	(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.

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)

Myrna's request to be relieved of any obligations to wait on Simon. There are three waitresses and waiters in the restaurant at all times: two females (Myrna and Brianna) and one male (Myron). Myron and Myrna are constantly dropping trays with food items. Myron has been late to work on several occasions. Myrna is very argumentative with customers. Myrna was fired. Is Mickey in any danger in terms of legal implications? If so, what potential causes of action exist for Myrna and what are the likely outcomes? From a company standpoint, what measures should have been taken by the company to prevent such claims? (Points : 50)

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 65 words per minute. As a result, there are no male secretaries working for the firm. A group of male applicants files litigation that challenges 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. (Points : 50)

1.     (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, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law. (Points : 50) (TCO H) Myrna, a waitress, complains to her boss that Simon, a frequent customer, has been engaging in what she considers to be sexually harassing behavior. Myrna details Simon's actions to her boss, requests that Simon be asked to stop, and that she not be required to wait on him in the future. Myrna's boss, Mickey, the restaurant owner, says he will look into the matter. Wishing to not upset one of his best customers, Mickey puts the matter off for a few weeks, and when he eventually does get around to dealing with it, he tells Simon only that he should go a little easier on Myrna. Mickey does nothing about Myrna's request to be relieved of any obligations to wait on Simon. There are three waitresses and waiters in the restaurant at all times: two females (Myrna and Brianna) and one male (Myron). Myron and Myrna are constantly dropping trays with food items. Myron has been late to work on several occasions. Myrna is very argumentative with customers. Myrna was fired. Is Mickey in any danger in terms of legal implications? If so, what potential causes of action exist for Myrna and what are the likely outcomes? From a company standpoint, what measures should have been taken by the company to prevent such claims? (Points : 50)

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3      (TCO A) Oscar Itoldi works as a janitor in the By-the-Sea nuclear reactor plant, which is privately operated by the Shorelite Energy Company. He has complained for the past three years that strange odors are present on occasion in different areas of the basement, but usually near an exhaust pipe. He notices that he is sick more often and that others have complained of headaches. He also knows that management has cut corners in regards to the proper disposal of hazardous materials. He complains again to his supervisor, but this time he also says that he will contact the proper authorities if the odors are not eliminated, and that he knows all of the ways of getting around the rules. The next day, he is terminated for insubordination. If you were Oscar, under what theory would you challenge your termination? Why? (Points : 50)

(TCO H) Shaun, a woman of Hispanic origin, waits tables at Mongomey's Restaurant. Phil, an African-American local businessman who frequently brings clients to Mongomey's for lunch, dislikes Hispanics. As a result, he lies to the owner of the restaurant and tells the owner that Shaun referred to him by an ugly racial epithet. Once this complaint is brought to Shaun's attention, she is demoted from waitress to dishwasher. Shaun filed a Title VII claim against Phil, even though Shaun works for Mongomey's, not for Phil. Analyze the basis for the cause of action, the company exposure, steps that could have been taken by the company to reduce exposure, the outcome, and support for the outcome. Utilize applicable law in your analysis.

(TCO A) Pugh worked for See's Candies, Inc. for 32 years. He had started out as a dishwasher, worked his way up to vice president of production, and was also on the Board of Directors. When he was hired, he was told by the president and general manager, "If you are loyal and do a good job, your future is secure." The president had a policy of only terminating employees for good cause, and that policy was continued by his successor. During the entire period of Pugh's employment, his performance had never been formally evaluated or criticized, and he was never denied a raise or bonus. After the company had set sales records for the Christmas and Valentine's Day seasons, Pugh was called into the president's office and told that he was fired. He was not given a reason for his discharge, but he suspects that he was fired because he objected to the sweetheart relationship that the company had with the union representing its workers. Does Pugh have a cause of action for wrongful discharge? If so, what could the company have done to minimize exposure?