Management Employment Law

Management Employment Law

Employment law scenarios with a special challenge — I know you can do this!

For each of the following scenarios, please identify:

  1. Can the employee make a prima facie case (McDonnell-Douglas Test)?
  2. What employment law would the employee likely use to file a complaint of discrimination?
  3. If applicable based on case, could a reasonable accommodation be made–why or why not?

This assignment is due on  December 16, 2028 by 11:59 pm

Scenario A

Bob, an officer at a large university, is hiring faculty.  Because of retirements, he has six positions to fill.  Bob meets with his HR Representative and tells her that, because of the University’s Affirmative Action plan, he wants to hire all international candidates for the positions because he thinks they work harder than American faculty do.  If Bob’s HR Representative agrees with this plan, are any employment laws being broken?  Could candidates not hired meet the tests above?

 

Scenario B

Kate participates in a religion that meets on Saturday mornings. Kate’s religion is very important to her and she has not missed a service in four years. She gets a job at Martin’s Market, indicating on her application that she is unable to work on Saturdays because of religious beliefs, but indicates that she will work any other day and time. Kate’s manager schedules her to work on Saturdays and Kate asks to be changed to a different shift. The manager refuses. Kate states that she will not be at work on Saturday because of her religious beliefs. The manager states that if she does not show up, he will fire her.  Kate does not report to work and she is terminated. Could Kate meet the tests above?

Scenario C

Markus is a supervisor at a call center, he is responsible for a team of 20 employees. Jenn is a fairly new employee at the call center. She enjoyed having Markus help her during her training period; however, lately she has been uncomfortable with his attention. He tells her that her sweaters “show off her best assets” and comments on how “long and beautiful” her legs are. Jenn is considering leaving her job because of these comments, which are now occurring on a near daily basis. Could Jenn meet the tests above?

Scenario D

**Real employment law problem!**

Follow this link http://www.cnn.com/travel/article/muslim-flight-attendant-feat/index.html

Read the story and address the questions above related to making a prima facie case.  And then go one step further 🙂

If you believe the employee could make a prima facie case, what do you believe would be the best defense (the organization’s reason for denying the employee’s request)?