Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 42, Problem 10CP
Summary Introduction
To discuss: Whether person P been discharged wrongly or not.
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Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination?
Select all that apply.
1. that her employer has 10 or more full time employees
2. that she was forced to work in a hostile work environment.
3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires.
4. that she is disabled
5. that she was subjected to unlawful discrimination because of her disability
Answer the question:
Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States’ waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed’s unlawful actions, can Bristol be held criminally liable?
a) Bristol cannot be held criminally liable, even if Sanford knew of Ahmed’s actions.
b)Bristol can be held criminally responsible if Sanford knew of Ahmed’s criminal actions.
Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)?
If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion.
What ethical considerations underlie the doctrine of respondeat superior?
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