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Law Take Home Assignment
Print Name: __________________ Signature: ________________________
Please identify the issue, the court’s decision, and briefly describe the court’s rationale in
the following cases on the case worksheet.
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”.
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You interview three (3) candidates. Candidate #1 is a30-year-old female. Candidate #2 is a
41-year-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.
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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) Age discrimination
(ii) Sex discrimination
(iii) Defamation
(iv) Sexual Harassment
Answer:_ ( i ) Sex discrimination _
(ii) Age discrimination
Candidate #3 can file which one (1) of the following claims with EEOC?
(i) Age discrimination.
(ii) Sex discrimination.
(iii) Defamation
(iv) Sexual Harassment
Answer:__ (ii) Sex discrimination.
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courts have made various exceptions to this doctrine.
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2- Because of the possible harsh effects of the employment-at-will doctrine on
employees,
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Name four (4):
(i)__ Contract exception
(ii)__ implied contract
(iii)__ implied covenant of good faith
(iv)__ Public policy
3- Your only assistant tells you on Monday that she is Roman Catholic and asks you
for the day off on Friday before Easter Sunday because it is a very important holy
day and she wants to observe 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.
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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.
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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?
Answer: ___ Title VII of the Civil Rights Act of 1964 (Title VII) and the Religious Freedom
Restoration Act (RFRA) restricts most of the employers from taking part in practicing a religious
discrimination in a workplace and thus the act can be easily used in defending the employee from
being limited to accessing fully her rights.
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 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) Quid Pro Quo
(ii) Hostile Work Environment
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Answer: (i) Quid Pro Quo
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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: __the administrative might claim that her poor performance is caused by the harassing
environment that she is subjected to, which is a quid pro quo type of harassment.
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. a discharge
or demotion).
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Answer: (b) took immediate steps to stop the adverse action, can the company still be held
strictly liable? Yes or No?
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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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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: _(b) counsel him not to engage in repetitive compliments regardless of his intention.
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.
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Assume you were the supervisor who received this complaint. Briefly, describe how you
would have handled it.
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Answer: I would follow the legal test for the sexual harassment found in the federal sex
discrimination Act that subjects the sex harasser into punishment of losing their job or being held
in prison for a certain period of time in respect to the level of harassment.
9- Courts are frequently asked to determine whether a worker is an employee or
independent contractor. What are the key criteria used by the courts to determine
independent contractor status?
Answer: the court uses control test in distinguishing an independent contractor and an employee
and this brings it clear that an independent contractor has the power to manage his work without
supervision under the zeal of achieving his set goals while the employee works under the policies
established by his employer.
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) When the employee’s spouse, daughter, son, or parent is in a critical health condition that’s in
need of urgent or prenatal medical care.
(ii) During a period of childbirth and to bond with the child that’s newborn within a one year of
birth.
(iii) To take care of the employee when undergoing a serious health condition.
(iv) He qualifies to receive the sum during the placement of the child for the foster and adoption
care for the child who’s newly placed.
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(v) On the occasion that any qualifying exigency that’s arising out of the fact that the spouse or
the employee, parent or daughter happens to be a military member on an active duty that’s
covered or on a covered duty status that’s active.
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