Laura Neilson, a job specialist with Vocational and Educational Services for Individuals with Disabilities, responded to an
Question:
Laura Neilson, a job specialist with Vocational and Educational Services for Individuals with Disabilities, responded to an advertisement in a New York newspaper for a position as a “shower,” a job involving unlocking and locking apartments to assist real estate salespeople. The phone number listed in the ad corresponded to the Defendant, Manhattan Apartments, Inc., and a receptionist answered the call “Manhattan Apartments, Inc.” Neilson asked about the position and was transferred to another person who explained that the ad was for an entry-level position with Manhattan Apartments (the defendant). Neilson provided the information about Manhattan Apartments to Michael Halpert, suggesting that he apply. Upon arriving at the defendant’s offices, the plaintiff (Halpert) was greeted by the defendant’s receptionist who said Robert Brooks was expecting him; the receptionist then directed Halpert to Robert Brooks’s desk. Brooks regularly hired assistants to work for him as showers, and he paid his assistants directly. In the interview, Brooks said that the plaintiff was too old for the position. When Neilson called several days later to ask about Halpert’s interview, the defendant’s receptionist told Neilson that the plaintiff would not be hired because he was too old. Plaintiff sued for unlawful age discrimination. Did Brooks have actual or apparent authority to hire the plaintiff on the defendant’s behalf?
Step by Step Answer:
The Legal And Ethical Environment Of Business
ISBN: 9781454893028
2nd Edition
Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow