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Question 1: In accepting an early retirement package from his employer, Eddy could not work as a hotel/restaurant worker. He took a job as a supervisor at a local restaurant. Eddy continued to receive full benefits from his previous employer for two years when he was informed that the pension plan had changed and that his benefits would be terminated because he was working in the hotel/restaurant industry. Apply the legal criteria of ERISA to the scenario and analyze what, if any, legal recourse is available to Eddy. Identify the potential legal claim and assess the likelihood of prevailing in conjunction with the potential employer liability
Question 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 whether she succeeded. Identify and explain the applicable law and statutory authority in conjunction with the facts in the scenario to support your conclusion.
Please provide solution in report format, including 1000 words total and references.
Verified Expert
In this case Mary Smith would succeed in her filing of the suit against her employer because there is a law that protects people from gender and sex discrimination. “Title VII of the civil Rights Act of 1964”, a law by federal government that protects individuals from being discriminated against by other people on the basis of sex and gender(Solotoff& Kramer, 1994). This law prohibits an employer from discriminating against employees because of sex whether is through firing, hiring and other terms of employment for instance promotions, rewards, and other opportunities that arise in work place.
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