Exam 34: Employment Discrimination

Dan has AIDS, Eve is blind, and both work for First National Bank. Con?sidered disabled under the Americans with Disabilities Act

Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the per?centage of

Sophisticates, a women's clothing store, employs female attendants to as?sist customers in the dressing rooms. Tod, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Tod's suit against Sophisticates for em?ployment discrimination under Title VII, the store has

Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es?tablish a prima facie case of employment discrimi?nation, Cody must show that

Hi-Flite Corporation requires its pilots to have 20/20 vision without glasses. Neither Inez, an African-American female, nor Jock, a fifty-year-old male, can satisfy this requirement. Relief under the Americans with Disabilities Act is available to

United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This is

Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is

Damages are available for victims of in?tentional employment dis?crimi?nation based on gender, religion, age, or disability.

An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities.

Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation."

Fact Pattern 34-1A Fay works for General Construction Contractors but is the only woman on her shift. The male workers often play minor pranks on each other. Fay at?tempts a prank. Hank, her supervisor, fires her, because "GCC doesn't hold with pranks." -Refer to Fact Pattern 34-1A. Fay files a suit against GCC under Title VII. To succeed, Fay must show that Hank's statement was

For twenty years, Ozzie works for Players Paradise, a destination for vacationers from across the United States, maintaining golf carts. After a steady stream of positive job evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players's courses. Five years later, a new employee, Quentin, is hired to oversee operations at all ten of Players's courses. Quentin demotes Ozzie, who is now over the age of forty, to running only one of the three cart facilities, and freezes his salary. Quentin demotes five other employees over the age of forty and places one of Ozzie's former facilities under the supervision of Richie, who is twenty-three. Ozzie overhears Richie say, "We're going to have to do away with these old, senile men." Less than a year later, Quentin reconsolidates the three cart facilities' operations under Richie's charge. Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain.

Fact Pattern 34-1B Kit, manager of Long-Term Care Company's office in Metro City, de?cides to replace the office's male employees with females. Nia, an assis?tant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retali?ates against Nia, who quits. Within a year, the male employees also quit. -Refer to Fact Pattern 34-1B. Liability for Kit's conduct most likely rests with

All employers in the United States are subject to federal employment discrimination laws.

Flynn is an alcoholic. Gert is morbidly obese. Both work for Helpful Credit Company. Considered disabled under the Americans with Disabilities Act

An employer must hire a dis?abled applicant even if he or she lacks neces?sary job qualifications.

The Age Discrimination in Employment Act of 1967 prohibits employ?ment discrimi?nation on the basis of age against persons over twenty-one years old.

After-acquired evidence of an employee's wrongdoing can shield an employer entirely from liability for employment discrimination.

Beth, managing editor of the City News, has a lenient policy concerning employee tardiness. She would prefer that employees be to work by 9 a.m., but does not usually enforce this policy. One week, Don, who had spent the previous month in an alcohol-abuse rehabilitation program, was late three days in a row. Given his appearance, it was obvious that he had been drinking. Can Beth suspend him without pay for two weeks?