Person J was an employee of a Pizza company N. The GM of N harassed J sexually and racially. J complained this to the shift leader and assistant manager, but they didn’t report it because they were sub-ordinate to the GM. Then, J complained to the employer who had authority over GM which resulted in the termination of GM within four days. J filed a suit to impose liability on the employer for the conduct of GM. To find: The best defense available to N.

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Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or Muslim workers from going on floors occupied by a delegation of Israeli diplomats. The supervisor allegedly told Arafi, “You know how the Israelis are with Arabs and Muslims.” Arafi says he complied with his supervisor’s instructions but consequently lost out on tips. He subsequently complained to another supervisor and the hotel’s director of human resources. Arafi says his work hours were cut, and that his colleagues said demeaning things about Muslims to him after the incident became known to them. Arafi brought suit under Title VII, alleging disparate treatment resulting in an adverse employment action (the loss of tips), as well as retaliation. The Mandarin Hotel claimed a national security exemption. Would either of Arafi’s claims be successful? Would the Hotel’s? [Arafi v. Mandarin…

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Chapter 21, Problem 7BCP

Summary Introduction

Case summary: Person J was an employee of a Pizza company N. The GM of N harassed J sexually and racially. J complained this to the shift leader and assistant manager, but they didn’t report it because they were sub-ordinate to the GM. Then, J complained to the employer who had authority over GM which resulted in the termination of GM within four days. J filed a suit to impose liability on the employer for the conduct of GM.

To find:The best defense available to N.

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Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or Muslim workers from going on floors occupied by a delegation of Israeli diplomats. The supervisor allegedly told Arafi, “You know how the Israelis are with Arabs and Muslims.” Arafi says he complied with his supervisor’s instructions but consequently lost out on tips. He subsequently complained to another supervisor and the hotel’s director of human resources. Arafi says his work hours were cut, and that his colleagues said demeaning things about Muslims to him after the incident became known to them. Arafi brought suit under Title VII, alleging disparate treatment resulting in an adverse employment action (the loss of tips), as well as retaliation. The Mandarin Hotel claimed a national security exemption. Would either of Arafi’s claims be successful? Would the Hotel’s? [Arafi v. Mandarin…

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