The Legal Environment of Business: Text and Cases
9th Edition
ISBN: 9781305764460
Author: Frank B Cross/ Roger LeRoy Miller
Publisher: CENGAGE C
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Chapter 21, Problem 2IS
Summary Introduction
Case summary: A disabled person K was rejected by the company L despite being qualified for the job. The company L filled the position with a person who did not have any disability.
To find: The validity of the lawsuit against the company L on the basis of discrimination.
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Please no written by hand and no emage
Silky Coordinates", a women's clothing store, employs female attendants to assist customers in the dressing rooms. Radley, 41 year old male, applies for the job , but is not hired and is told that only woman qualify. If Radley brings a suit against "Silky" for employment discrimination under Title VII, what is the store's best defense? For the purposes of this question you may assume that Radley has information that makes it possible to prove he was not hired because he is a male. You may also assume that Radley is not transgendered, or gender fluid. Now consider that Radley is a transgender person, who identities as a female, and is in the process completing a physical change to a female. However, anatomically she is a male. Again, you may assume that Radley has information that makes it possible to prove she was not hired because she is transgendered. Does the store have a defense to a discrimination suit? To answer this question you will have…
Robert, a 66-year-old man, saw an ad in the magazine for a cashier at a grocery shop
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customer relations skills. Applicants who are selected would be required to stand for
long periods of time and to lift 25-35 pounds.
Robert contacted the EEC to institute a charge against Food Grocery.
What type of discrimination does this advertisement include, if found? Explain Robert's
reaction.
A property manager tells Marisa, who is Afro-
Latina, that no apartments are available in an
apartment complex. Marisa wonders if she has
been discriminated against on the basis of her
race. She asks her partner, who is white, to
apply for the unit. Her partner's application is
accepted. Marisa decides to file a discrimination
complaint with HUD.
How long does she have from the time of the
violation to file?
Marisa has one year to file with HUD.
Marisa has six months to file with HUD.
Marisa has 90 days to file with HUD. If she also
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years.
Marisa has two years to file with HUD. However,
it is unlikely that HUD will take the case since
property managers are not covered
Chapter 21 Solutions
The Legal Environment of Business: Text and Cases
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Similar questions
- In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make? Multiple Choice The plaintiff would provde beyond a reasonable doubt that discrimination occured. The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext. The plaintiff would demonstrate a prima facie case of discrimination. The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused. The plaintiff would show that other people were also being discrirminated against.arrow_forwardLisa applied and interviewed for a manager position at her company and was not selected. She was not given any feedback from the interview, Tony her male coworker was selected for the position. Lisa felt the promotion was unfair, since she had more seniority than Tony, and decided to file a gender discrimination and play with her local equal opportunity commissioner the EEOC investigated the complaint, and did not find any evidence of discrimination. Both Lisa and Tony’s employment was in good standing however, Tony had passed managerial experience, which was listed as a requirement on the job. This aspect, then made him a strong, stronger candidate for the job than Lisa, who had more seniority, but lacked the experience and the next several months, Lisa noticed the change from her manager prior to the complaint being filled he was very personable towards her and often made small talk around the office. After the complaint he was very short with her, and did not engage in any small…arrow_forwardHong, who was born in Vietnam, now lives in Los Angeles. She applies to be a waitress at Hooters. The manager of Hooters restaurant tells her, “Sorry, we rarely hire Asian girls because their breasts are too small and part of the Hooters’ image is waitresses with big breasts”. Does Tran have a valid claim against Hooters under the Civil Rights Act? Explain.arrow_forward
- True or False 1. According to the employment at will principle, employers may dismiss their employees whenever they desire, for good or no cause, even for morally wrong causes. 2. Discrimination in employment must involve a decision against employees that is not based on individual merit. 3. Institutional discrimination is discrimination that is the result of the actions of all or many people in an institution and of their routine processes and policies.arrow_forwardLaurie, a lesbian and French national, was hired as a flight attendant to work in United Airlines’ hub in Paris. Laurie was terminated at age 40. She sues United Airlines alleging employment discrimination on the basis of age, gender, and affinity orientation (the latter based on the Illinois Human Rights Act). The airline asks the court to dismiss Laurie’s action on the basis that she does not live in the U.S., so the employment protection laws do not apply to her. Will the court do so? Explain. [Rabé v. United Airlines, Inc. 2011 WL677946 (7th Cir. 2011).] What will the court do? Explain Utilize facts / law / precedent. Cite as appropriate 1 page should do.arrow_forward Susan alleges that her job application was rejected by Bob and Ben in because of her ethnicity to establish that she was discriminated against based on her ethnicity and file suit against the company. Susan must.arrow_forward
- Disparate treatment or disparate impact discrimination under title 7arrow_forwardWhich of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forwardSam, a mid-level manager at his company, continually makes offensive remarks and gestures toward Susan, a non-manager at the company who works in another department. Susan quits her job and brings a lawsuit for sexual harassment. As a general rule under California law, the company Group of answer choices a. is strictly liable to pay general damages for the sexually harassing acts of its managers. b. is not liable if Susan complained about the problem and the company took no corrective action. c. is liable for punitive damages even if senior management had not been made aware of the problem. d. none of the above.arrow_forward
- Bob writes an email to the managing partner of the firm saying "I think we have enough women in the firm now". After receiving this email, the managing partner declines to hire Sally for an open accounting position. This email is considered pretext direct evidence of discrimination not evidence of discrimination circumstancial evidence of discriminationarrow_forwardCarla is a police officer and a first-generation immigrant. She was assigned to work at a local casino. Carla liked the work and suggested to her brother (in her country of origin) that he come to the United States and work with her to learn English more fluently. The casino rejected his application because of his choppy English. How would you analyze the Immigration Reform and Control Act regarding the casino not hiring Carla's brother because of his choppy English?arrow_forward3. What protection under human rights law does an individual have who has been denied employment based upon their weight? A) protection based on sex and physical disability B) no protection under human rights law, as being overweight is not a human rights provision C) protection based on physical disability, if it is medically diagnosed as a disability D) a BFOR can be easily established for most job positions that allow for discriminationarrow_forward
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