ABC Company has just posted a job opening. One of the job qualifications listed is "recent high school graduate." Why would this job qualification be unlawful age discrimination?
ACME Products has been found by the Equal Employment Opportunity Commission to have a history of promotion practices that have resulted in no minority supervisors in a plant located in a largely minority city. However, the EEOC did not find any intentional discrimination by ACME. Can ACME still be found to have violated federal equal employment law? If yes, under what legal theory can a violation be found?
Rylie is a 35-year-old female with 15 years warehousing experience who applied for a warehouse manager position with ACME Products. One qualification in the job listing was "able to lift 75 pounds repeatedly." During the interview process, Rylie informed the human resources director that she couldn't lift that much weight repeatedly. The HR director told her that she would not be hired as a result. During a tour of the warehouse, Rylie noticed there were no female employees. After she was turned down for hiring, Rylie filed a discrimination complaint against ACME Products. Based only on the information provided, what would Rylie have to show to be successful in her complaint? What would ACME have to show to avoid being found to have unlawfully discriminated against Rylie?
What types of employers are covered by Title VII and the Americans with Disabilities Act laws?
Nancy is vice president of Anchor Industries. Under what provision of the Fair Labor Standards Act is Anchor exempt from paying overtime to Nancy? Would your response be different if Nancy did not have any employees working directly under her?
Nancy works part time for ABC Company. Nancy requests leave under the Family and Medical Leave Act. Assuming ABC has the minimum number of employees to be under FMLA provisions, what requirements regarding length of employment and hours worked must Nancy satisfy to be eligible for leave under the FMLA?
Jean is a full-time employee at ACME Products. Jean requests eight weeks of leave under the Family Medical Leave Act to care for her teenage daughter, who has been diagnosed with what Jean feels is a serious health condition although her daughter will not be hospitalized. You are the human resources director for ACME. Along with sufficient notice if her daughter's condition were foreseeable, is there anything else you can require from Jean to determine whether she is eligible for FMLA leave? Provide as much detail as you believe is necessary.
Mike works full-time for ACME Products as warehouse manager. He requests eight weeks of leave under the Family Medical Leave Act for the birth of his child. Mike wants to take four weeks now because his wife is having complications with her pregnancy, then the other four weeks when their child is born. ACME agrees to the request for leave, but because it is the busiest time of the year for ACME, it temporarily transfers Mike from his position as warehouse manager to customer service manager with the same pay and benefits. Can ACME do this legally under the FMLA?
ACME Products has seen a downturn in business over the past few months. To change its business model to procure new business, ACME anticipates it will have to temporarily close its central distribution center in Wilmington, Delaware. For purposes of the Worker Adjustment and Retraining Notification Act, what does the term "mass layoff" mean, and what are the implications of ACME's decision to close the Wilmington distribution center?
How does the Immigration Reform and Control Act differ from Title VII regarding disparate impact?
A newly hired employee provides two documents to the human resources department: a permanent resident card and a school ID with her photo. Under the Immigration Reform and Control Act, are these two documents sufficient to establish identity and right to work in the United States? Explain your response with reference to the two types of documents required under the IRCA.
Anna's Bookkeeping Service employs Anna and two bookkeepers. Anna has a policy of hiring only Americans. Is Anna's Bookkeeping Service in violation of the Immigration Reform and Control Act?
What right did the Labor Management Relations Act of 1947 provide employers?
ACME Products' employees are members of a national union. ACME wants to renegotiate its union employees' wage scales. If the employee union refuses to bargain with ACME over wages, is the union in violation of the Wagner Act?
What did the Labor Management Reporting and Disclosure Act provide that was unlike previous federal labor laws?
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