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  1. Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager, Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused Carla’s request to create a no-smoking area in the office and he refused her request to be moved back to the separate room. After four weeks of breathing secondhand smoke, Carla quit. What, if any, recourse does Carla have against her former employer? Explain the possible legal theories for recovery, if any. (Points : 40)
  2. Mary Smith was an employee of Thomas Contracts, a pipeline construction company. Mary was supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her performance since the affair began…..Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender discrimination, sex discrimination, and in violation of Title VII. Analyze and determine what important facts you would need to know in order to ascertain Mary’s likelihood of success here. (Points : 50)
  3. An ambulance service transports disabled individuals on a non-emergency basis. Jane was hired as a night dispatcher. She worked at home, and was required to be on duty to take calls for service from 5:00 p.m. to 8:00 a.m., Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She was paid $550 per month. She was not given any special training, she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request. Jane was free to engage in personal business as long as it did not interfere with the calls, and was able to leave her home as long as she made sure that someone was available to answer the phone……..The ambulance company claimed that Jane was an independent contractor and was exempt from the FLSA’s overtime and wage requirements. Jane filed suit to collect overtime and minimum wage back pay under the FLSA. Determine whether she will succeed. If you determine that she will succeed, explain the remedies available. Support your position with any applicable laws.(Points : 50)
  4. A & Z, Co. had a workplace policy of prohibiting the hiring of family members of current employees. On a number of occasions, however, the male children of current male employees had been hired, but no female children had ever been hired, even though many applied. Also, no children, male or female, of any current female employee, had ever been hired, even though, again, many had applied…..The female child of a current male employee files a lawsuit. Determine the legal basis for the claim and assess the likelihood of prevailing against A & Z, Co. Also from an employer perspective, what suggestions would you make in terms of best practices to minimize future legal liability? Utilize applicable law in your response if possible. (Points : 50)
  5. After noticing some items stolen from the store, a manager asked an employee, Frank, to take a polygraph test. Frank refused, claiming that he did not steal anything and he was asserting his rights of privacy to not assert to the test. Frank also reminded Jeff that he did not have access to the area where the stolen items were kept. Jeff, while reminding Frank that employees have no right to privacy in the workplace, fired Frank because he refused to take the polygraph test. Frank intends to file suit. Assess the likelihood that Frank will prevail in the suit. (Points : 40)
  6. 39-year-old Jim, who works for a new 5 year company that employs 30 individuals, feels that he is being discriminated against at work because of his age. Besides the CEO, he is the only other employee who is over the age of 30. Despite a stellar work record, he has recently been demoted and he often hears other employees referring to anyone over 30 as over-the-hill. Jim feels very uncomfortable at work. Assess whether Jim can bring a valid claim of age discrimination in this situation. What will the employer say in its defense? Give some management tips to this company as it relates to avoiding age related claims in the future. (Points : 50)


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