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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Question
Chapter 21, Problem 8BCP
Summary Introduction
Case s ummary : Person D was an employee when he injured his knee. After surgery, he was not able to stand, walk, and run for long. The sergeants rated his performance above average. Half a year later the employer placed him on an unpaid leave of absence, mistakenly believing that D would not be able to perform essential functions of his job. D filed a suit in state court against the company alleging the discrimination based on disability.
To find: The ‘Substantial motivating factor or reason’ element to be proved by D.
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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.
Hong, who was born in Vietnam, now lives in Los Angeles. She applies to be a waitress at Hooters. The manager of Hooters restaurant tells her, “Sorry, we rarely hire Asian girls because their breasts are too small and part of the Hooters’ image is waitresses with big breasts”. Does Tran have a valid claim against Hooters under the Civil Rights Act? Explain.
Lisa applied and interviewed for a manager position at her company and was not selected. She was not given any feedback from the interview, Tony her male coworker was selected for the position. Lisa felt the promotion was unfair, since she had more seniority than Tony, and decided to file a gender discrimination and play with her local equal opportunity commissioner the EEOC investigated the complaint, and did not find any evidence of discrimination. Both Lisa and Tony’s employment was in good standing however, Tony had passed managerial experience, which was listed as a requirement on the job. This aspect, then made him a strong, stronger candidate for the job than Lisa, who had more seniority, but lacked the experience and the next several months, Lisa noticed the change from her manager prior to the complaint being filled he was very personable towards her and often made small talk around the office. After the complaint he was very short with her, and did not engage in any small…
Chapter 21 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- What issues must the court decide in this case? Joan, a warehouse worker, was diagnosed with carpal tunnel syndrome. She was subsequently assignedto reduced duties. However, the duties were later multiplied, increasing her arm and wrist pain. WhenJoan presented her employer with a doctor’s note advising her to take a six-week leave of absence, theemployer gave her an ultimatum—show up for work or lose her job. Joan decided to sue under the ADA,claiming her carpal tunnel syndrome was a disability worthy of accommodation.arrow_forwardAccording to the court system, promotions based on subjective assessments A) support employers in adverse impact claims B) violate the Americans with Disabilities Act C) must be supported by objective evidence D) are valid under the Civil Rights Act of 1991 E) usually lead to employee retaliation claimsarrow_forward
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