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Quiz 30 :

Employment Discrimination

Quiz 30 :

Employment Discrimination

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ETHICS Mary Ann Singleton was the librarian at a maximum-security prison located in Tazewell County, Virginia. About four times a week, Gene Shinault, assistant warden for operations, persistently complimented Singleton and stared at her breasts when he spoke to her. On one occasion, he measured the length of her skirt to judge its compliance with the prison's dress code and told her that it looked "real good"; constantly told her how attractive he found her; made references to his physical fitness, considering his advanced age; asked Singleton if he made her nervous (she answered "yes"); and repeatedly remarked to Singleton that if he had a wife as attractive as Singleton, he would not permit her to work in a prison facility around so many inmates. Shinault told Singleton's supervisor in her presence, "Look at her. I bet you have to spank her every day." The supervisor then laughed and said, "No. I probably should, but I don't." Shinault replied, "Well, I know I would." Shinault also had a security camera installed in her office in a way that permitted him to observe her as she worked. Singleton reported this behavior to her supervisor, who simply responded, "Boys will be boys." Did Shinault sexually harass Singleton? Whether or not Shinault violated the law, what ethical obligation did Singleton's supervisor have to protect her from this type of behavior?
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Employment Discrimination:
Employment discrimination is a form of injustice based on gender, religion, race, physical ability, national origin, mental ability, and age by employment.
Types of discrimination:
The prohibited activities are classified by four types under Title VII: disparate impact, , hostile environment, and retaliation.
Sexual harassment and work place ethics:
S's behavior has not represented sexual harassment. It is an offensive and boorish activity and not sexual in nature. S has not requested or forced sexual act, touched inappropriately, discussed about sexual subject, told vulgar jokes to her, showed obscene materials to her, or threatened her. S has not alleged that the behavior of supervisor interfered with her ability to do her work.

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Ralph has worked as a model builder at Snowdrop Architects for 30 years. The firm replaces him with Charlotte, who is 24 and willing to work for much less than Ralph's salary. The firm never offered to let him stay for less pay. When he left, one of the partners told him, "Frankly, it's not a bad thing to have a cute young person working with the clients." Which of the following statements is true? (a) Snowdrop is liable because it had an obligation to offer Ralph the lower salary before firing him. (b) Snowdrop is liable because it is illegal to replace an older worker with a younger one just to save money. (c) Snowdrop is liable because age was a factor in Ralph's firing. (d) Snowdrop is liable under Title VII because it replaced an old man with a young woman. (e) Snowdrop is not liable because age was not the deciding factor in Ralph's firing.
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Answer:

Employment Discrimination:
Employee discrimination is a form of injustice based on gender, religion, race, physical ability, national origin, mental ability, and age by employment.
Types of discrimination:
The prohibited activities are classified by four types under Title VII: disparate impact, disparate impact, hostile environment, and retaliation.
Age Discrimination in Employment Act (ADEA):
Based on the ADEA, an employer who has 20 or more employees may not refuse to recruit, fail to promote, fire, or any other reduction in person's employment opportunities because he is aged (40 or older).
In this situation, option
img "S is not liable, because they have not considered the age of R for firing" is correct.
Likewise,
Option "a" is wrong, because S is not liable for this firing and there is no need to offer lower salary to F.
Option "b" is wrong, because S is not liable for this firing and not illegal to replace a worker for reducing the cost to company.
Option "c" is wrong, because S is not liable for this firing. Age was not a deciding factor.
Option "d" is wrong, because Title VII does cover the replacement of older one to younger one.

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An employer placed a job advertisement for security guards, specifying that applicants had to be United States citizens. It also required applicants to present a Social Security card. Was this ad legal?
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Case:
An employer has placed a job advertisement for the recruitment of security guard. The advertisement showed that the applicant must be the citizen of United States. The advertisement also required the applicant to present a social security card.
Relevant provision:
This is the case of employment discrimination. Under Title VII of the Civil Rights Act 1964, it is illegal to discriminate between employees on the basis of religion, race, color, sex, or national origin for those employers who are employing more than 15 employees.
Conclusion:
Hence, the advertisement given by the company is illegal. The discrimination for the recruitment of employees cannot be made on basis of nationality. In this case, the company is recruiting only the citizen of United States. Hence, the advertisement is not legal.

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Lisa T. Jackson, who was white, worked at Uncle Bubba's Seafood and Oyster House. She filed suit under Title VII, alleging that the restaurant discriminated against black employees. They had to enter through the restaurant's rear entrance and could not use the customer bathrooms. Neither of these prohibitions applied to white staff. Jackson's boss also repeatedly told racist jokes. Jackson stated that this behaviour caused her great difficulty in managing the staff and also immense emotional distress because she had biracial nieces. In addition, one of her bosses asked her how she "looked so white," given that her father was of Sicilian descent. Can Jackson recover under Title VII?
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Ronald Lockhart, who was deaf, worked for FedEx as a package handler. Although fluent in American Sign Language, he could not read lips. After 9/11, the company held meetings to talk about security issues. Lockhart complained to the EEOC that he could not understand these discussions. FedEx fired him. Has FedEx violated the law?
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When Allain University was looking for a diversity officer, it decided it would only hire a person of color. Is this decision legal? (a) Yes, color is a BFOQ for this position. (b) No, color is never a BFOQ, but race could be. (c) No, neither race nor color can be a BFOQ. (d) No, race and color can be a BFOQ, but is not in this situation. A person does not have to be a member of a minority group to promote diversity.
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During chemotherapy for bone cancer, a delivery person is exhausted, nauseous, and weak. He has asked permission to come in later, work a shorter day, and limit his lifting to 10 pounds. Delivery people typically carry packages of up to 70 pounds. Does Vulcan, his employer, have the right to fire him? (a) Vulcan must create a new position so that the employee can do something else. (b) Vulcan must transfer the employee to another position, but only if one is vacant and he is able to perform it. (c) Vulcan can fire the man because none of his major life activities has been affected. (d) Vulcan can fire the man because he cannot perform the essential functions of his job. (e) Vulcan can fire him because he is not disabled-once the chemotherapy treatments end, he will feel fine again.
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In the 2008 recession, Roger lost his job as a comptroller. Desperate for work after a year of unemployment, he began to apply for any accounting job at any company. But no one would hire him because he was "over-qualified and over-experienced." He repeatedly explained that he was eager to fill the job that was available. Have these companies that refused to hire Roger violated the ADEA?
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The Lillie Rubin boutique in Phoenix would hire only women to work in sales because fittings and alterations took place in the dressing room or immediately outside. The customers were buying expensive clothes and demanded a male-free dressing area. Has the Lillie Rubin store violated Title VII? What would its defense be?
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Generally, the BFOQ defense does not apply to customer preference. But recently, some clients have been pressuring their law firms to staff their cases with female and minority lawyers. If a firm does so, would the BFOQ defense be valid? Should it be?
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After the terrorist attacks of 9/11, the United States tightened its visa requirements. In the process, baseball teams discovered that 300 foreign-born professional players had lied about their age. (A talented 16-year-old is much more valuable than a 23-year-old with the same skills.) In some cases, the players had used birth certificates that belonged to other (younger) people. To prevent this fraud, baseball teams began asking for DNA tests on prospects and their families to make sure they were not lying about their identity. Is this testing legal?
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You are the hiring manager for a bus company. One of the applicants for a job as a bus driver seems perfectly qualified and he is a minority. You would like to hire him, but a background check reveals that he was convicted of second degree murder 40 years before, when he was 15. Should you hire him?
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Pam Huber worked at Walmart as a grocery order filler, earning $13 an hour. While on the job, she suffered a permanent injury to her right arm and hand. Both she and Walmart agreed that she was disabled under the ADA. As a reasonable accommodation, she asked for a job as a router, which was then vacant. Although she was qualified for that job, she was not the most qualified. Walmart filled the job with the most qualified person. It offered Huber a position as a janitor at $6.20 per hour. Did Walmart violate the ADA?
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Peter Oiler was a truck driver who delivered groceries to Winn-Dixie stores. He revealed to his boss that in his free time he liked to dress as a woman, even though he was happily married to a woman. Oiler had been diagnosed with transvestic fetishism with gender dysphoria and a gender identity disorder. Winn-Dixie fired him for fear that, if customers found out, they would go elsewhere to buy their groceries. Does Oiler have a claim against Winn-Dixie?
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FedEx refused to promote José Rodriguez to a supervisor's position because of his accent and "how he speaks." Is FedEx in violation of the law?
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Gregg Young, the CEO of BJY Inc., insisted on calling Mamdouh El-Hakem "Manny" or "Hank" even when El-Hakem asked him not to. El-Hakem was of Arab heritage. Young argued that a "Western" name would increase El-Hakem's chances for success and would be more acceptable to BJY's clientele. Does this behavior violate the law? (a) Yes, Young violated Title VII by discriminating against El-Hakem on the basis of his national origin. (b) Yes, Young was creating a hostile work environment. (c) Both (a) and (b) (d) No,Manny is just a nickname. No harm was intended and, indeed, no harm resulted. (e) No, because customers did prefer a Western name.
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In 1961, NASA began admitting women into its astronaut training program. They performed well in the training but none of them ever served as astronauts because NASA changed its rules to require jet fighter experience for astronauts. Since women were not eligible to fly jet fighters, they could not qualify for space duty. Would these women have had a claim under Title VII?
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The CEO of BankTwo realized that not one single officer of the bank was female or minority. He announced that henceforth, the bank would only hire people in these two groups until they made up at least 30 percent of the officers. Is this plan legal? (a) Yes, voluntary affirmative action plans are always legal. (b) Yes, because fewer than 20 percent of the officers are female or minority. (c) No, to be legal, the goal of an affirmative action plan cannot be greater than 20 percent female or minority. (d) No, the plan is too unfair to white men, who have no chance of being hired for a long time.
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