NO Plaguarism

Eril UltlI THRET ! ans;zers ond E,nploynent available Ic-rr lull or part-time work lrom 4:00 r.rr. to 10.00 r.u. anv evening. His en'rployment history shou,ed that hc r'vas r'vorkrng as a proolreader anci that he had pre- yiouslv r,vorkecl as an aclmrnrstrator. Hrs app)ic:ttion ri,as rejected, according to Janet Daughertl: the personnel man- ager, based on his "rvork histor,v" and ihe "direct threat' that he posecl to rhe safety ol himself and others. Bradley claimed, horver-er, that the s[ore relused to hire him due to his disabilityr \'hat steps must Bradley follou'to pursue hrs claim? What does he need to show to prer-ai1? Is he 1ike11, [o meet these requirements? Drscuss. [EEOC v. \,hl-Mart 1}. srn,c, lnc a77 pi,l rnl ,Srh (ir 2007rl { '. I Defenses to Employment Discrimination. The N4ilr,r.aukee \_-,/ CounL; .Tur enrle Detention Center established a nerv policl' that required each unit of the facilitl- to be stafied at all tirnes b1'at least one ollicer of the same gender as the cletainees housecl at a unit. -fhe purpose ol the pollc1,, administrators sarcl. rvrs to recluce the likelihoocl ol sexuai abuse ol .juveniles by olfice rs o{ the other ger-rde r. Because there uere mAnv more male units in the center than lemale unjts. the policl hacl the ellect ol reducing the nurnber ol shifts available for w'omen offrcers and increasing the num- ber ol shilts lor men. fwo femaLe officers sued for gender cliscrin-rination. The district court held Ibr the count1,, find- lng that the policy- o[ assignment rvas based on a bona fide occupatronal qualificatlon (BFOQ) and so rvas not illegal gender discrimrnaiion. The offlcers appealed. What u'ould lront clesk because she ri.as not [eminrne enough. Cullinan told r.arious people that the hotel rvanred "prett1," girls at the Iront clesk. Explaining to Lewrs that her hiring hacl not been clone properlyl Cr-rllinan said Les'is rvould need to per- lorm another inten,ieui Cullinan fired Lelr.is soon alter the inteniew: The reason gn'en in a letter was that Ler,,'is was hostile during the inten'ielr, process. Lewis sued Heartland for discrimination based on unlau,ful gender stereonprng. The district court dismrssed the suit. Ler.vis appealed. Does her claim fall under Title VIIs restriction on discriminatron based on gender? Wh1'or n'hy not? llelvis'r Heartlandlnns oJ Amettca, LLC,591 F3d 1033 (Bth CLr 20I0)l ;: ga Case Problem with Sample Answer. Retaliation. ,EIl, E,',t.k lnrernarional. an oregon-based companl: hired Shane Dawson, a male homosexual, as a temporary procluction-line worker. Dar.r,son rvorkecl r,r',rth tu,ent)-four other emplo)'ees, all male Certajn indiricluals at i.,,'ork began n'raking clerogatory comnlents aboLrt Dlrrisons scruarl orienta- tion, calling hirn a "fag," a 'homo," :tnd a "rvorthless qlree r." Oregon lau,prohibits discfiminatirx based on sex-Lral onenta- tion. Dawson asked his supen.sor. Trtrv GLrzon, to Ll(r some- thing about the treatment he u.as recening. but Guzon dicl not. In fact, Guzon also made derogatory comments about Dalvson's sexrral onentatron. Darvson began to erperience stress, and his r'vork detenorated. As a result of this srtuation, he lvent to the human resources depanment and filed a com- plaint. Two days later, he uas fired. Darvson initlated a lawsuit, claiming that he had been fired in retaliatron for filing a com- plaint, but the district court granted Entek a surnmary judg- ment. Da\'son appealed. Horv sl-roulcl the lecleral appellate court ru[e? Has Dawson estab]jshed a claim [)r re t:rhatory-c1is- ehrrrge? Shoulci his case be allos,ed to go lonvarcl to a tr-ial? Erplern. JD(urs()ri r Enfrll lntr'r'rrafir)r1.tl. 6l[') F3d 928 (9th Cir. 2rrt t)l -To vies'a sample ans\.er for Case Problem l8-7, go to Appendlx F at the end o[ this text. _=,, A Question of Ethics. Discrimination Based on Dis- ffi ability. TitLtn Distribution, lnc., emltloyed Quinkth, Inc., to :rLo1 its tire moLlnting and distribution ope ratiort in De s Moines, Iotvct. Robert Chalfant worhed .for QtLintah as ri se cond- shfi supe rvisor. at Titan. He stL[ftrul cr htart attack in ]992 at'Ld underwent he art btpctss surgerl in 199 r . Hc also had ortlritis. In Jul.y 2002 Titcnt dttitkd ro r.rl?rirldrir Quinlah. CholJant oppliul to rr'o i h at Ti tan. On his appl rcari on. he descrlb e d hin'rsdJ cu har ing a disrrbilit_tl A/rt'r Li phlsical txctnt. Titon's doctor con- clrrdcd that Cltttllcutt coLrld rr'irrk in his ctnt-ent capcrciLt,, tuttl ht )1'ds notfie.i thru hc u,rrLrLl bc hircd. Dcspirc the notice, N.ldis Bctrucic, a Tittut tmplo r-tr-, u,11)[c "nol p.rss pr" rlt the top of Chal- fant's applicutitn, untl ]t w.rs not hirtcl. Ht tooh a iob v,ith AMPCO S-ystcms, a ptu-king ftimp mLulattnlenL compan.l. This worh inyolvecl ttalhing up to fivc milts a day and li.ftiry ntore vteight than fu had at Titan. In Septembe 4 Tttan tlintutctk'cl its second shift. Chal.fant fkd a suit in a.ftderal district coLrrt ct1ctinst Titan, in parL, under the Amencttns with Di.s,ilrilities Act (ADA). TLtcnt arguecl that tlte reason it had not hirtcl Chal.fant "r 'r.\,Sexual Harassment, The \'letropolitan GovernnlenL rrl Nashville ar-rcl Davrdson Count1,, Tennessee (Metlo). beg:rn looking lnto rumors ol sexual harassment by the 1\lerrcr Scl-rooI Districts enrpJoyee rel:rtions clirector, Gene Hr-rghes. Veronica Frirzier. a Metro human resources officer, asked Vickv Crau,tbr-d. rr Metro emplol,ee, rvhether she had ,,vit- nessed "inappropnate behai'ior" by Hughes. Crarvlord described several instances ol sexuallv harassing behauor. Tlvo other emplovees also reported being sexually harassed bi'Hughes. Metro iook no action agalnst Hughes, bur soon a[ter completing the inr.estigation, Metro accused Cra*.ford of embezzlemenr and {ired her. The tu'o other emplol.ss5 rvere also tired. Crarvford fiied a suit in a federal drsrncr court againsl Metro, claiming retaliation under Title \/ll. be evidence that the countv had a \xli.L BFOUtJHiiTlr llrlr,.rrrkrr C-rrrrrrr il.) Fld i7l (7rh air. 2008)l hll arsuments can bc made that Crarr lorJs situl.on .t'-- dqes.pr doe: not quaT[1r':r' r retelirrr-ron clrrm unJrr L lc l-!l? 9l::!R lCrarv/,rJ r. Vcirop,,litarr Cor, rnrrr,'rrr ,,/ Na.shlillr andDtlLidson Countr,, Tcnne-ssee, 555 U.S. )7l.Dq S Ct 846, 172 L.Ed.2d 650 (200s)l ,:,."r Discrimination Based on Gendet. Brencla Lewis workecl lor t\'o Years at Heartlancl lnns ol America. LLC, and gradu- alll' rvorked her w'ay up the management ladder. Le\'is. w-ho described herself as a tomboy, *,as commended lor her good u.ork. When she mor.ed to a drfferent Heartland hotel, the drrector ol operations, Barbara Cullinan, told one of the o\.ners that Leu,rs \vas not a 'good fit" for the