Case s ummar y: A person CH was working as a janitor for the company KFM-GM. She developed sensitivity to the cleaning products. The physician gave a restriction of non-exposure to the cleaning solutions. She asked the company to eliminate the restrooms from her cleaning route or a respirator should be provided to her by the company. The company told her that there would be no work available within the restriction physicians had imposed on her. The company refused to provide the respirator to CH.
To find: The violation of the American with Disabilities Act by the company KFM-GM.
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Chapter 21 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card Cross/miller’s The Legal Environment Of Business: Text And Cases, 10th
- The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. “Effective negotiators recognise that very few negotiations are conducted in a purely win-win or win-lose context. Moving towards win-win…arrow_forwardA cashier employed for 18 years ate a bag of potato chips without buying them while at work. She paid for the bag as soon as her shift ended. She was fired. The employee ate the chips because she was diabetic and was concerned that her blood sugar was getting too low. Later, the EEOC sued the employer on her behalf and claimed the employer discriminated against her because of her disability. Conduct some research and determine which of her human rights were violated. How should the employer have responded? Explain. write 250 wordsarrow_forwardMark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided. Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance. Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…arrow_forward
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- Catherine Bosley worked as a television news anchor for WKBN Channel 27 in Youngstown, Ohio. While on vacation with her husband in Florida she participated in a “wet t-shirt” contest, which was videotaped without her consent by DreamGirls, Inc. and licensed to Marvad Corp., which runs a Web site for adult entertainment through a subscription service on the Internet. Marvad used depictions of her in advertisements to promote the materials and services it markets. Web site searches related to Catherine Bosley in 2004 were the most popular search on the World Wide Web. Due to the publicity, she resigned from her position at WKBN. Bosley sought an injunction against the defendants from using her image in any manner that promotes the sale of their goods or services. The defendants contend that an injunction would violate their First Amendment rights. [Bosley v. Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)] 2.2. ) Provide a paragraph with more than five sentences (i.e., in the section for…arrow_forwardKellyMarie Griffin works for the City of Portland, Oregon, as a clerical employee in the Parks and Recreation Department. She complains of conflict with her coworkers. In particular, Therea Lareau, the “lead” clerical employee at the same location, has made comments that are derogatory about or offensive to Griffin’s Christian faith. Ms. Lareau has referred to Griffin as “a wacko” because of her beliefs and, on at least one occasion, told Griffin that God was “a figment of [her] imagin[ation]” and that Griffin was “praying to something that didn’t exist.” Griffin also complains that many of her coworkers frequently page 51-42use “God” and “Jesus Christ” as swear words, which she finds offensive due to her religious beliefs. Griffin, however, admits that when she has informed her coworkers about how the swearing offends her, they have made efforts to avoid doing so in her presence—even Lareau. Despite that, things have deteriorated. Recently, Griffin and Lareau found themselves in a…arrow_forwardBen's Bar ("Ben's") is a popular restaurant chain with thousands of employees throughout the United States. Ben's hires only women to fill its bartender positions. A man who did not get hired for a bartender position at Ben's is now claiming that he was discriminated against based on sex; the man sues Ben's. Ben's attorney argues the Bona Fide Occupational Defense. Is this defense likely to work? OYes, if Ben's can prove a customer preference for the female workers. O Yes, because it meets the "Essence of the Business" test. O Yes, because it meets the "All or Substantially All" test. No, because neither test is met, and no other basis for a defense has been presented. O Yes, so long as Ben's is a private company.arrow_forward
- Robert, a 66-year-old man, saw an ad in the magazine for a cashier at a grocery shop (Food Grocery). The advertisement says: "Applicant for a cashier position must be young and energetic to possess excellent 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.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_forwardIn January 2001 a new york man attended a family birthday party at the Benihana restaurant, where chefs, while cooking at the table routinely throw pieces of food for diners to catch with their mouths.the man wrenched his neck while ducking a piece of flying shrimp,requiring treatment ny several doctors. By that summer doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died.the family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery which in turn was the result of the chefs actions in throwing food at diners. Do you believe that Benihana should be liable for the man, s death? Why or why notarrow_forward
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