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 4RE
Summary Introduction
Case summary:The company W employed a woman A for making detailed notes of the discussion for the script writing. During the meetings three of the scriptwriters made obscene and vulgar jokes and showcased sexually gestures, but A never complained about it. They also conversed about their personal sexual fantasies and experiences to further use them in story. Sometime later A lost her job and filed a lawsuit against the company W claiming that her termination was based on racial discrimination.
To find: Defense available to the company W.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
 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.
Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.
Nickels terminated Smith's employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that…
Benjamin, a Caucasian male, is a supervisor at a bank in California. He tells Kerry, an African-American female teller, that she cannot come to work with her natural hair in dreadlocks and that if she continues to do so, she will be terminated. Benjamin told Kerry that her natural hair violates their workplace policy of having neat and professional hair. Kerry's dreadlocks are shoulder-length. Kerry comes the next day with her dreadlocks. Benjamin fires her. How would you assess whether Kerry has a Title VII claim against her employer?
Chapter 21 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Julian is a salesman for Frostee's Ice Cream Company, and he arranges a meeting with a local ice cream store to sell the company's flavors. Julian decides to wear a nice T-shirt and a pair of jeans to the meeting to match the dress code of the store. He starts by conversing with the store manager, who oversees the purchase orders for the store, and they begin builpig rapport. Julian then asks the manager questions about what types of ice cream flavors that customers have been requesting, along with what flavors are never available from the other sellers. He listens to the manager's responses and takes mental note of what the store needs to satisfy their customers. Julian has just completed the phase of the selling process. O presentation approach O prospecting O preapproach O closingarrow_forwardMohamed 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…arrow_forwardMaetta 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…arrow_forward
- Lisa applied and interviewed for a manager position at her company and was not selected. She was not given any feedback from the interview, Tony her male coworker was selected for the position. Lisa felt the promotion was unfair, since she had more seniority than Tony, and decided to file a gender discrimination and play with her local equal opportunity commissioner the EEOC investigated the complaint, and did not find any evidence of discrimination. Both Lisa and Tony’s employment was in good standing however, Tony had passed managerial experience, which was listed as a requirement on the job. This aspect, then made him a strong, stronger candidate for the job than Lisa, who had more seniority, but lacked the experience and the next several months, Lisa noticed the change from her manager prior to the complaint being filled he was very personable towards her and often made small talk around the office. After the complaint he was very short with her, and did not engage in any small…arrow_forwardMelanie Caldwell worked for Stingray Products, Inc. Her boss was Neil Manley. Neil often made disparaging remarks about Melanie’s gender and even occasionally made overtly sexual remarks about how she did business with clients. He also put coins in his front pants pockets and asked her to retrieve them, dropped things and asked her to bend over to pick them up, and at one point offered to negotiate a raise for her if she would go to a hotel room with him to perform “sexual favors.” Manley at times had also engaged in similar behavior with other female employees of Stingray. Caldwell asked Manley repeatedly to stop his behavior. At one point he expressed surprise that Caldwell was upset by his behavior in that he said he was just joking when he made the comments. Finding out that it upset her, he said he would stop his behavior. Shortly thereafter, however, Manley again engaged in his troubling comments and activities toward Caldwell. As a result, Caldwell quit her job. She…arrow_forwardSonya and other employees of TransGlobal Inc. maintain a password-protected social media page on which they post comments on work-related issues. The posts range from positive to negative, supporting the page’s purpose to “vent about work.” When TransGlobal learns of the page, the company intimidates Sonya into revealing the password, and after reviewing the posts, fires her and the other participants. Which federal law discussed in this chapter most likely applies to this situation? Has this law been violated? Discuss.arrow_forward
- KellyMarie Griffin works for the City of Portland, Oregon, as a clerical employee in the Parks and Recreation Department. She complains of conflict with her coworkers. In particular, Therea Lareau, the “lead” clerical employee at the same location, has made comments that are derogatory about or offensive to Griffin’s Christian faith. Ms. Lareau has referred to Griffin as “a wacko” because of her beliefs and, on at least one occasion, told Griffin that God was “a figment of [her] imagin[ation]” and that Griffin was “praying to something that didn’t exist.” Griffin also complains that many of her coworkers frequently page 51-42use “God” and “Jesus Christ” as swear words, which she finds offensive due to her religious beliefs. Griffin, however, admits that when she has informed her coworkers about how the swearing offends her, they have made efforts to avoid doing so in her presence—even Lareau. Despite that, things have deteriorated. Recently, Griffin and Lareau found themselves in a…arrow_forwardJaqueline was had been working in Bestworks’ Sdn. Bhd. as an assistant manager since October 2020. In November 2020, Alan became the manager of the department she worked in. Alan was not used to working with female members of staff, and Jaqueline was the only female in the department. Alan began to make suggestive remarks about Jaqueline’s appearance and dress sense. He also asked her to work late at the office and made sexual advances towards her when no one else was in the office premises. Jaqueline complained to the Human Resource Department of the company and they replied saying that she had not made her complaint in the required format according to company employee regulations. No further action has been taken by the company to date. a) With reference to the above scenario, explain the complaints procedure for sexual harassment under the Employment Act 1955. b) Explain how Jaqueline can pursue a claim under the section 20 (1) of the Industrial Relations Act 1967. Your answer must…arrow_forwardUnder the Age Discrimination in Employment Act (ADEA), employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 45. Group startsTrue or False True, unselectedFalse, unselectedarrow_forward
- Bob writes an email to the managing partner of the firm saying "I think we have enough women in the firm now". After receiving this email, the managing partner declines to hire Sally for an open accounting position. This email is considered pretext direct evidence of discrimination not evidence of discrimination circumstancial evidence of discriminationarrow_forwardHong, 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.arrow_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_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting 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