Does boop have a viable claim for wrongful discharge

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Reference no: EM133312940

Assignment:

1. Bet Tzedek Legal Services is a not-for-profit corporation formed under the laws of the State of California. Alice is the CEO of Bet Tzedek Legal Services who manages the day-to-day operations of Bet Tzedek. Alice is also a member of Bet Tzedek's Board of Directors. The Board of Directors determines Alice's compensation, and makes hiring and firing decisions regarding the CEO position. Bet Tzedek has 14 employees, not including the CEO. One of the Bet Tzedek employees is contemplating bringing a sex discrimination claim against Bet Tzedek under Title VII of the 1964 Civil Rights Act. Would Bet Tzedek be held liable for this claim? Explain your answer.

2. Betty Boop worked as a data entry clerk at D-Cantor, Inc., a wine distribution company. Shortly after she began her employment, she learned that her brother needed a kidney transplant in order to survive a condition that was causing his kidneys to fail. Boop underwent testing and learned that she was a match to donate her kidney to her brother. She informed Clem Ployer, the head of Human Resources for D-Cantor that she was going to proceed with the donation and that she would require a 4-week leave from work for the surgery and recovery period. Ployer initially approved the request; however, three days before the scheduled surgery, Ployer changed course and notified Boop that she could not hold her position for four weeks. Boop protested the decision and Ployer then fired Boop. Does Boop have a viable claim for wrongful discharge?

3. Victor is afraid of heights. He applied for a job with AT&T as a telephone repairman. He told his recruiter about his fear of heights and asked if he could have an assistant who would do the necessary climbing. Victor's recruiter told him that his application for employment was rejected. Victor comes to you for advice. What claim(s) would you tell Victor he could successfully bring against AT&T? What defense(s) could AT&T successfully assert against such claim(s)?

4. An eight-year Duke University study found that the most overweight workers in the American workplace had thirteen times more lost workdays due to work-related injuries than fit workers and that the medical claims for these injuries were seven times more costly than those of their fit co-workers. Shortly after publication of this study, a boutique clothing store in fitness-conscious Aspen, Colorado, adopted a policy that any applicant whose BMI (body mass index) exceeded the ideal weight for persons of their height, weight, and gender by 20% would not be hired. The policy provided further that any employee who subsequently exceeded this weight benchmark would be discharged. Comment on the legality of this anti-obesity policy under federal law.

5. Bill, a 58-year old cable repair technician, accuses his former employer of firing him because of his age. Bill's employer defends the claim, saying that Bill was fired because the company had received no less than 10 customer complaints about Bill's performance in the six months prior to his discharge. The employer provides documentation of the complaints. What must Bill prove in order to prevail on his ADEA claim?

6. A school superintendent wants to ensure that she is not discriminating against persons of color, so she imposes a quota for promotions each year requiring that at least 20% of all people promoted within the school district must be persons of color. A white employee who did not get promoted brings a lawsuit under the 14th Amendment to the U.S. Constitution. What must the employee show to demonstrate a violation of the 14th Amendment? What can the school superintendent do to ensure that she is not discriminating against either persons of color or against white employees.

Reference no: EM133312940

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