INSTRUCTIONS: Question A is required. Choose 4 of the remaining questions. Write a complete answer to each question. Make sure you answer all parts of each question and provide a detailed legal analysis of your answer. Clearly state the applicable law (for example – statutes such as Title VII) and any assumptions
The paper must be in the following format: (1) Double-spaced (2) Spell-checked (3) Grammatically correct (4) Use appropriate graduate-level research, if necessary (5) Use appropriate APA citation within the text of the paper (6) Contain a bibliography listing any research sources cited in correct APA format (7) Clearly state the applicable law.
A is REQUIRED: ANSWER THE FOLLOWING QUESTION
A. Ms. Ali is employed as an account executive with ABC Advertising (“ABC”). ABC is a national marketing and advertising firm specializing in domestic and international advertising. For several reasons, Ms. Ali believes ABC has illegally discriminated against her and she now wants to sue the company. Ms. Ali states that despite receiving “outstanding” performance evaluation ratings each year, she has been repeatedly passed over for any promotions.
She also says that all of the male employees who were hired in the same classification as hers have been promoted from one to four times and earn significantly higher salaries. In addition, none of these employees has won any national awards, and a few of these individuals are marginal employees. Men greatly outnumber women in all positions at ABC.
ABC responded to a preliminary inquiry by asserting that Ms. Ali was not promoted because she doesn’t “fit the image” that is right for the higher positions. ABC claims the higher positions have high visibility, require extensive travel, and have greatly increased client contact, including presentations before corporate and professional groups. ABC argues that Ms. Ali is a very plain woman, that she refuses to wear make up or adornments of any kind, other than a head scarf, that she is very religious and takes a “prayer and meditation” break during her lunch break, and that her religious beliefs prohibit certain types of behavior such as drinking alcoholic beverages and eating certain foods. In addition, she has refused to go on certain business trips because she believes that she should be home for her husband and children.
ABC officials state that while Ms. Ali is a good employee, they do not believe she is “qualified” to represent ABC in certain capacities. ABC argues that in the advertising field, it is essential that higher level employees project a polished appearance and engage in social activities in order to network with clients. Also, some business travel is a requirement for the position. Ms. Ali is also 45 years old; ABC states that these positions are typically reserved for younger employees who present a youthful image for the company.
Ms. Ali states that ABC is discriminating against her. She argues that these factors are not relevant to her ability to perform in any of the higher positions, and that ABC is simply creating excuses to justify discriminating against her. She further states that when ABC hired her, she was advised that if she did a good job, she could expect to be promoted to the position of account vice-president within two years.
Ms. Ali seeks damages for lost wages and benefits. She also wants a court order directing ABC to promote her to a higher position. Analyze Ms. Ali’s case. Identify all potential claims and any defenses available to ABC.
B. ANSWER 4 OF THE FOLLOWING QUESTIONS
Make sure you clearly state the applicable law
1. Jerry is a delivery person for Pretty Flowers Florists. His primary job responsibility is to deliver floral arrangements in the company’s van. While driving a floral arrangement to a wedding, Jerry decides to stop at the local tavern and have a beer. After several drinks, he gets back into the van with the intention of making the delivery. Instead, he gets into an accident when he runs a red light. The drivers of the other cars involved in the accident sue Pretty Flowers for their property damage and personal injuries. Pretty Flowers claims they are not liable for Jerry’s actions while driving drunk. Who will win the lawsuit?
2. Martha has applied for a job as a stock clerk, at Good Food Supermarket. During her interview, she reveals to the interviewer that at some point in the next ten months she will need to undergo surgery to remove a tumor in one of her vertebrae, and that even if the surgery is successful, her post-operative range of movement could be severely limited. The job requires a good deal of lifting and a wide range of movement, in order to place goods on the shelves. The interviewer decides not to hire Martha because she may not be able to perform the job after the surgery. Martha files a claim against Good Food Supermarket. Does she have a valid claim? Explain your answer.
3. Tony operates a restaurant patronized and staffed entirely by English-only speaking customers. Marinov, a Russian immigrant with legal authority to work in the U.S., applies for a job as a bartender in Tony’s restaurant. Marinov speaks practically no English, although he has years of experience as a bartender. He is denied the job, in favor of a U.S. citizen, who speaks English very clearly. Marinov hires an attorney to file a lawsuit against Tony’s restaurant. Does he have a claim?
4. Paul Jones was an operations manager at the Wallsbury Company. His employment status was that of an employee at will. Jones received certain email messages at home, and he replied to his supervisor by email. His email messages contained some provocative language, including a reference to “kill the backstabbing jerks” and a reference to the “Jim Jones Koolaid affair”. Later Jones was given 2 weeks notice of his termination and he was told that his email remarks were inappropriate and unprofessional. Jones believes he is a victim of invasion of privacy because the email messages caused his termination and the company had promised that email communication would not be intercepted and used as a basis for discipline or discharge. The company denies that it intercepted the email messages and points out that Jones himself send the unprofessional comments to his supervisor. Who should win the case – Jones or Wallsbury Company? Why?
5. Bob Cash is the manager of People First Bank (“People First”). One day, Bob received a call from one of the bank’s largest customers – Million Dollar Construction (“Million Dollar”). The CEO at Million Dollar asked Bob to send an account representative from the bank to discuss some new loans for Million Dollar. This is a very important customer and Bob wants to make sure he does everything to satisfy their business needs. Bob sends his top-performing account representative, Joe, to meet with the CEO. Shortly thereafter, Bob receives an angry phone call from the CEO, who claims he does not do business with anyone who is not Caucasian, and Bob should not have sent Joe, who is African-American, to meet with him. Since this customer is worth millions of dollars to the bank, Bob sends another representative, James, who is Caucasian, to meet with the CEO. James is able to extend several large loans to Million Dollar and receives a large commission. Joe sues People First because he did not receive the commission. Evaluate Joe’s claim and discuss any damages that he may receive as a result of his claim.
6. Susie works for a large insurance company in the auto claims department. She shares a cubicle with Edward, who constantly talks to Susie during the workday. He comments on her clothes, her hair, her weight and her general appearance. Most recently he has been telling her that she looks like she could lose about 10 pounds. Susie is very self-conscious about her appearance, and Edward’s comments are upsetting to her. She has trouble concentrating on her work when he is talking to her. Each day, she leaves work with pains in her stomach, a headache and lower back pain. She told her supervisor about Edward’s comments, but the supervisor told her she should learn to ignore such people. Susie is considering filing a claim against the company. Does she have a case?