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Friday, February 12, 2016

Below are 2 employment law scenarios

 February 12, 2016     No comments   

Below are 2 employment law scenarios (A and B). These are actual cases from employment law (with names changed). These are similar to the types of cases you might encounter in your own work experience. Thus, I would like to expose you to these issues and ask you to think about what you would do.
For each scenario, please answer the following questions fully. Details and evidence from the scenario that support your answers are important. If you make assumptions, please tell me what those are. Don't forget to fully justify your responses. In terms of length, you should expect to write at least 1 strong paragraph for each question; however, keep in mind that lengthy responses will not earn points if they do not fully answer the question and provide justification/rationale for your response.
(1) What laws apply in this case? Describe the facts in the case that make you conclude that certain laws apply.
(2) Describe what the plaintiff would need to do to establish a prima facie case given the facts of the scenario.
(3) Place yourself in the judge's position: Based on the information given, do you believe the employer discriminated unlawfully? Why or why not?
Scenarios:
A. Edward Roberts, a black truck driver, applied in person for a tractor trailer truck driver position at a trucking company on March 31, 2011, in response to a newspaper ad. Roberts' application listed 22 months of prior experience as a road driver. He had an additional 10 years of experience which he did not list on the application due to a lack of space on the form. Roberts was neither interviewed nor contacted by the company about the status of his application. In June 2011, Roberts saw an identical advertisement for tractor trailer truck drivers. Upon inquiry, Roberts learned that eight persons (all white) had been hired as truck drivers between April and June 2011. All of the hires had less than 22 months of driving experience. The company contended that Roberts was not hired because no opening existed when he applied. Roberts filed a discrimination complaint in District Court.
B. Leslie Williams, a female teacher with 10 years of classroom experience and partial completion of her doctoral degree in education, applied for several vacant middle and secondary principalships in the Knox County school system. Each time she applied, she was told by the superintendent that "the school district believed that a 'male image' is necessary for a middle or secondary school principal." No females had occupied a principal position in the school district. Williams subsequently filed a lawsuit in District Court accusing the school system of discrimination.

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