The plaintiff MF brought a suit for a wrongful termination against the defendant PVI after she was terminated by the company for disclosure of its overtime pay policy to the U.S. Labor Department by her. The court gave a decision in favor of the plaintiff. After the completion of the trial, it came to the notice of the defendant’s attorney that one of the jurors made anti-semitic remarks against the witness who gave testimony on behalf of the defendant. The defendant’s attorney applied for a new trial but was unsuccessful and now they have appealed. To Explain : The comments made by the juror are sufficient to require a new trial.

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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.

Answer 1

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Chapter 3, Problem 5BCP

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Case summary: The plaintiff MF brought a suit for a wrongful termination against the defendant PVI after she was terminated by the company for disclosure of its overtime pay policy to the U.S. Labor Department by her. The court gave a decision in favor of the plaintiff. After the completion of the trial, it came to the notice of the defendant’s attorney that one of the jurors made anti-semitic remarks against the witness who gave testimony on behalf of the defendant. The defendant’s attorney applied for a new trial but was unsuccessful and now they have appealed.

To Explain: The comments made by the juror are sufficient to require a new trial.

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