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Law Take Home Assignment
Text Books:
Cross and Miller, “The Legal Environment of Business, Text and Cases”, Ninth Edition
1. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, religion,
color, national origin and gender. The Age Discrimination in employment Act prohibits
discrimination based on age. The protected category is age 40 and older.
You are a male Vice President of Finance in a cosmetics company and need another Accountant
in the Finance Department. You currently have three (3) male Accountants working for you. You
ask the Human Resources Department to advertise for the position. They do, with the standard
Title VII assertion: “Equal Opportunity Employer”.
You interview three (3) candidates. Candidate #1 is a 30-year-old female. Candidate #2 is a 41year-old male. Candidate #3 is a 35-year-old male. All three (3) hold BS degrees in accounting
from good Universities and have passed the CPA exam. Each of them has sufficient job
experience to do the job for you.
You decide it might be good to hire a woman so it does not appear you are committing gender
discrimination in the Finance Department. You hire her.
Candidate #2 can file which two (2) of the following claims with the EEOC?
(i)
(ii)
(iii)
(iv)
Age discrimination
Sex discrimination
Defamation
Sexual Harassment
Answer: ________________
Candidate #3 can file which one (1) of the following claims with EEOC?
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Age discrimination.
Sex discrimination.
Defamation
Sexual Harassment
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(i)
(ii)
(iii)
(iv)
Answer: _________
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2. Because of the possible harsh effects of the employment-at-will doctrine on employees,
courts have made various exceptions to this doctrine.
Name four (4):
(i)______________________
(ii)_____________________
(iii)_____________________
(iv)_____________________
3. Your only assistant tells you on Monday that she is Roman Catholic and asks you for the
day off on the Friday before Easter Sunday because it is a very important holy day and she wants
to observer it. You know she is a practicing Catholic. She reminds you that you permitted your
staff attorney to observe Rosh Hashanah. This comparison annoys you but you don’t say
anything.
Your company is involved in an acquisition of a company for $1.8 billion dollars. You are a key
player involved in the final negotiations. You are under pressure to close the deal by the
weekend.
It is critical that you have your assistant’s availability, help and support all week including
Friday and Saturday. You will be going back and forth to Manhattan from your office in
Fairfield and need her to schedule and take calls, retrieve files, prepare documents and scan and
summarize your e-mails.
Neither anyone else in your office nor an office temporary will be able to do the job for you
because they would not know the filing system or the executives who you will have to call from
time to time in several different states during the intensive negotiations.
You look up from your desk with obvious impatience and abruptly tell your assistant “No!!“,
without an explanation. Your assistant goes to the Human Resources Department and complains
about religious discrimination.
HR calls the General Counsel who advises that the company has a good defense if a claim of
religious discrimination is filed.
What is the defense?
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4. You are on Facebook. You are talking about work and complaining how difficult it is to
work overtime on Fridays. Your boss has no personal life and does not care that he is ruining the
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Answer: ___________________________________
start of your weekends.
You type that your boss tells obscene jokes when you are in his vicinity and asks about your
relationship with your significant other. This has been going on for the last 6 months.
You are considering a sexual harassment claim against him and the company. He should be
fired! Which one of the following types of sexual harassment represents your boss’ conduct?
(i)
(ii)
Quid Pro Quo
Hostile Work Environment
Answer: __________
5. A female Administrative Assistant approaches you, a department head, and tells you that
her supervisor has been sexually harassing her. She complains that he occasionally touches her
on the arm, cracks off-color jokes from time to time, and comments about the physical
appearance of various female celebrities in the news.
You speak to the supervisor, who admits the behavior and you tell him to stop. He does. You
check back with the Administrative Assistant and she is satisfied with the supervisor’s behavior.
One year later the Administrative Assistant’s department fails to meet its production goals. The
entire company’s profits are declining and her department is also not profitable.
You have also received complaints that the supervisor’s behavior has been increasingly
demanding and discourteous. She complains to you that her supervisor has been giving her the
cold shoulder.
You review the supervisor’s performance review of the Administrative Assistant which is “Does
not meet expectations”. The supervisor wants to put her on probation with a performance plan
for the next 30 days.
In view of her complaint a year ago, what claim might the Administrative Assistant now make
on receiving the poor performance review, probation, and performance plan?
Answer: ____________________
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However, (a) if the company is not aware of the employee’s actions who engaged in the
harassment and adverse employment action, or (b) took immediate steps to stop the adverse
action, can the company still be held strictly liable? Yes or No?
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6.
A company will be held strictly liable (absolute liability) for both Quid Pro Quo
and Hostile Work Environment sexual harassment if there is a tangible adverse employment
action committed in connection with the harassment (e.g. discharge or demotion).
Answer: ________
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7.
After receiving several compliments over a period of a month from a male Vice
President
of Marketing about her appearance (e.g. hair, makeup, clothes) a female Director of Marketing
who works for him complains to the Human Resources Department.
The HR Department promptly discusses the complaint with the VP.
He says he never intended to make her uncomfortable. He was only trying to make her feel good
about herself so she would be happy at work and productive.
Should the HR (a) accept the explanation concerning his intentions or (b) counsel him not to
engage in repetitive compliments regardless of his intention.
Answer: _______
8.
Five female employees in the Creative Department in Los Angeles are subjected to
numerous obscene expletives, sexual innuendo, and questions about their personal life by the
department head. They write these down by date over a period of a week.
They complain and provide the list to another supervisor in the Los Angeles office who tells
them not to worry and says: “The department head talks like that to everyone. Don’t take it
seriously and go with the flow.” This supervisor does nothing further concerning this complaint.
The matter is never reported to the Human Resources department at corporate headquarters in
New York.
Assume you were the supervisor who received this complaint. Briefly describe how you would
have handled it.
Answer: _______________________________________________________________
9.
Courts are frequently asked to determine whether a worker is an employee or
independent contractor. What is the key criteria used by the courts to determine independent
contractor status?
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Answer: ______________________________________________________________
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10. The Family and Medical Leave Act (FMLA) provides that to qualify for FMLA
employees must have worked 1,250 hours in the12 months prior to the start of the leave. Name
five (5) reasons why a qualifying employee can take FMLA leave.
(i) _____________________________________
(ii) ____________________________________
(iii) ____________________________________
(iv) ____________________________________
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5
(v) ____________________________________
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