Chapter 42, Problem 9Q

Briefly explain the nature of the impact of State laws/statues and local ordinances on employer and employee relationships and interactions. Explain the following terms: “Pre-empting Action” and “Sovereign Immunity”.  Explain how and when the US CONGRESS can abrogate the State’s ‘Sovereign Immunity.’

Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.

BUSINESS LAW 3 - David Ungar holds a Dunkin’ Donut's franchise. The terms of his franchise agreement require him to use only those ingredients furnished by Dunkin’ Donuts. He is also required to buy its napkins, cups, and so on, with the Dunkin’ Donut's trademark on them. Is this an illegal tying arrangement? What if Dunkin’ Donuts maintains that it needs these requirements to maintain its quality levels on a nationwide basis? [Ungar v. Dunkin’ Donuts of America, Inc., 429 U.S    5 - Hines Cosmetic Co. sold beauty preparations nationally to beauty shops at a standard or fixed- price schedule. Some of the shops were also supplied with a free demonstrator and free advertising materials. The shops that were not supplied with them claimed that giving the free services and materials constituted unlawful price discrimination. Hines replied that there was no price discrimination because it charged everyone the same. What it was giving free was merely a promotional campaign that was not…

WikiLeaks published more than 250,000 secret U.S. diplomatic cables in September 2011, which included requests made by diplomats to gather intelligence information for espionage. This was the third major leak of military secrets of 2010, and the United States government tried to prosecute WikiLeaks and prevent future leaks. However, the First Amendment guarantees citizens freedom of the press and very few restrictions have been permitted by the Supreme Court. The Congressional Research Service concluded that no publisher of leaked information has ever been prosecuted for publishing the material, and the only legal action the U.S. government could take was to charge an Army soldier, Bradley Manning, with violating the Espionage Act for purportedly supplying WikiLeaks with the video of the helicopter and other classified documents. After this third leak, several major Internet companies began to shut off services to WikiLeaks, and the organization moved to Amazon servers, but Amazon…

Disparate treatment or disparate impact discrimination under title 7

Substantive law defines and creates legal rights and obligations in such matters as real property, torts, crimes, family, and others. True or False

In 2016, a group of Somali nationals filed a discrimination claim against Ariens, a Briliion, WI-based manufacturer of snowthrowing and small enging outdoor equipment.  The employees, all Muslim, had been allowed to align their company-paid and designated break period with their daily religious obligations to pray. In January 2016, Ariens changed their policy to be less flexible and the employees were no longer able to align their rest periods with the timing of their prary rituals. Shortly following, the employees were discharged or resigned and filed a class suit against Ariens with the Green Bay office of the EEOC. Do they have a valid claim? Should Ariens continue to accommodate?  What would you do if you were an HR officer at Ariens?

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

E-Z-Rest Motel is a motel with 216 rooms located in the center of a large city in State Y. It is readily accessible from two interstate highways and three major State highways. The motel advertises in several travel magazines and approximately 40% of its registered guests are from outside of State Y. An action under the Federal Civil Rghts Act has been brought against E-Z-Rest Motel alleging that the motel discriminates on the basis of race and color. The motel contends that the statute cannot be applied to it because it is not engaged in interstate commerce. Can the Federal government regulate this activity under the Commerce Clause? Why? Be sure to explain your