The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 21, Problem 2IS
Summary Introduction
Case summary: A disabled person K was rejected by the company L despite being qualified for the job. The company L filled the position with a person who did not have any disability.
To find: The validity of the lawsuit against the company L on the basis of discrimination.
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Sue is a fifty-five year old employee of company A. Her children are out of college and her parents have both died. Company A offers a child care program to all employees along with an elder care program. However, Sue, like many other employees, has no need for these services, neither now or in the future. Should the firm retain these programs? Should alternative benefits for employees who have no use for such services be offered?
Tyrone, a U.S. citizen, works for U.S. Oil at its production plant in Iraq. Tyrone has been with U.S. Oil for fifteen years and has always received excellent evaluations. Tyrone applies for a promotion with U.S. Oil to a supervisory role but is not hired for the position. The person hired for the position has been with the company for only two years and is much younger than Tyrone, who is forty-five. Can Tyrone sue U.S. Oil under the Age Discrimination in Employment Act, even though he is not working within the United States?
a)Yes, Tyrone can, because employees working abroad for U.S. employers are protected under the Age Discrimination in Employment Act.
b) No, Tyrone can’t, because any lawsuit brought by Tyrone would have to be under Iraqi law.
c) No, Tyrone can’t, because employees working abroad for U.S. employers are not protected under the Age Discrimination in Employment Act.
Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?
Multiple Choice
The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
The burden remains with the plaintiff to establish damages to a reasonable certainty.
The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
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The Legal Environment of Business: Text and Cases (MindTap Course List)
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