The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 21, Problem 8BCP
Summary Introduction
Case s ummary : Person D was an employee when he injured his knee. After surgery, he was not able to stand, walk, and run for long. The sergeants rated his performance above average. Half a year later the employer placed him on an unpaid leave of absence, mistakenly believing that D would not be able to perform essential functions of his job. D filed a suit in state court against the company alleging the discrimination based on disability.
To find: The ‘Substantial motivating factor or reason’ element to be proved by D.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Maetta Vance, an African American woman, worked at Ball State University as a catering assistant in the University Banquet and Catering Division of Dining Services. Over the course of her employment with Ball State, she lodged numerous complaints of racial discrimination and retaliation. She had a particularly acrimonious relationship with Saundra Davis, a white woman who was employed as a catering specialist in the Banquet and Catering Division. Vance complained that Davis “gave her a hard time at work by glaring at her, slamming pots and pans around her, and intimidating her.” She alleged that she was “left alone in the kitchen with Davis, who smiled at her”; that Davis “blocked” her on an elevator and “stood there with her cart smiling”; and that Davis often gave Vance “weird” looks. Vance filed an EEOC charge and, ultimately, a lawsuit in federal court against Ball State, claiming violations of Title VII for racial harassment. Davis, as a catering specialist, had some leadership…
Hello, I am in need of assistance to answer the following question in tort law (according to English Law): Graham was employed as a waiter. He prided himself on his physical appearance and his ability to carry trays and dishes with dexterity and professionalism. He developed a tremor in his arm, which affected his ability to carry out these tasks, and consulted Dr Holly about the problem. Dr Holly recommended a surgical intervention in an area of the brain from where she felt that the tremor was emanating. She warned Graham about the 1% risk of stroke associated with the operation. However, she did not inform Graham of the facts that (1) there was a new pharmaceutical drug available on the market which might alleviate the tremor and which had a 0% risk of stroke, or that (2) the surgical procedure also had a 1% risk of affecting nerves around that area of the brain stem which could affect bodily functions such as continence. Graham underwent the operation. He was left incontinent, and…
Hong, 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.
Chapter 21 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Which 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_forwardKatie (not her real name) was a manager in a food manufacturing factory. She had a number of health and safety practice concerns around COVID-19. While Katie’s employer had some safety measures in place, she was concerned that the factory had not been effectively cleaned and decontaminated, and several employees had tested positive for COVID-19 and were off work. No senior personnel were on-site for Katie to raise her concerns with. As a result of her concerns and the stress they placed upon her, Katie left work and seek your advice. She wanted to report about lack of responsibility on the part of her previous employer that may cause the spread of Covid-19 at the factory. Advise Katie according to whistleblowing policy.arrow_forwardIs Nurse Jones' disclosure to Paris Lights of Terrence's condition permitted and required by stateor federal law?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_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_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
- On July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forwardOn July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forwardTrevor is a Lecturer at an Institute of Further Education. He is horrified to read an Article by Raymon Bolgersberg in the “Daily News”, a local newspaper claiming that his undergraduate degree was forged in order to get a job. While the Article did not expressly mention Trevor’s name, it did describe the background and his position at the Institute of Further Education in considerable detail. Trevor is concerned that the article may cause him to lose his job. Advise Trevor of his legal rights if any, against the Author of the Article; and the Newspaper Company.arrow_forward
- Probation is ordered by: Select one: O a the investigating officer. O b. the victim. O c the court. O d. the parole board. was In Batson v. Kentucky the Supreme Court held that the use of peremptory challenges unconstitutional. Select one: O a for the purpose of racial discrimination O b. to confuse the defense O c to delay the trial O d. for revengearrow_forwardCorey, who works as a mechanic, falls off a ladder, breaks his arm, and loses consciousness. Upon returning to the company post-treatment, the company transfers him to a different position. Does the company need to make a report under the Occupational Safety and Health Act (OSHA)?arrow_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
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education