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
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Question
Chapter 21, Problem 4CT
Summary Introduction
Case summary: Person T filed a lawsuit against person M on the grounds of sexual harassment at workplace under title VII of Civil Rights Act. The court decides in favor of T. M appealed against the decision of the court.
To find: Reversal of judgement on the basis of contradictory evidence.
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Students have asked these similar questions
Ben'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.
You have likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap, suffering third degree burns. At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140-160 degrees. A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages. The judge reduced the punitive award to $480,000, or three times the compensatory award.
Comment on the case, and whether the result was reasonable.
What are the factors which will allow a court to pierce the corporate veil?
Chapter 21 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- 1.What issue(s) must the court decide in this case? In 1996 Diane worked in the Edmond, Oklahoma Post Office and witnessed the murder of several of herco-workers. She was diagnosed by her doctor with post-traumatic stress disorder and subsequently lefther job at the Post Office because working there aggravated her symptoms. In March 2009, whileworking as a service coordinator at Avaya Communications, Diane became aware of an altercationbetween two employees where one of the individuals, by the name of Lunsford, had previouslythreatened to “go postal.” Lunsford was suspended from his job. Upon hearing of his return to work,Diane became physically ill and left work. Her current doctors confirmed that she suffered from posttraumatic stress disorder and was unable to work in an environment that she perceived to be unsafe.She eventually was placed on short-term disability leave. After being on short-term disability for twomonths, Diane requested that her employer either 1) relocate…arrow_forwardIf a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?arrow_forwardPatrick Clawson was described by reporter Karen Branch-Brioso in a newspaper story as a “1970s era St. Louis journalist turned private eye turned FBI informant.” The story was published in the St. Louis Post-Dispatch. The fact that he had been characterized as an informant bothered Clawson, who saw it as damaging to his reputation. Accordingly, he brought a libel case against the Post-Dispatch. Recall that to be libelous, a statement must be false and “hold the victim up to ridicule, contempt, or hatred.” Clawson would have preferred the term whistleblower rather than informant because that term commands more respect. Why is the use of the term informant to describe Clawson not libelous?arrow_forward
- The different degree of reliance on oral evidence by witnesses somehow differentiate the culture of evidence-raising in civil law and common law jurisdictions. In your view, if a witness already provided written testimony, is it still necessary to summon each of them to provide oral evidence?arrow_forward5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)arrow_forwardA machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).] explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.arrow_forward
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