Question
02 I NEED A GOOD AND DETAIL ANSWER ON EACH ONE PLEASE 20-2. Wrongful Discharge. Denton and Carlo were employed at an appliance plant. Their
02 I NEED A GOOD AND DETAIL ANSWER ON EACH ONE PLEASE
20-2. Wrongful Discharge.
Denton and Carlo were employed at an appliance plant. Their job required them to perform occasional maintenance work while standing on a wire mesh twenty feet above the plant floor. Other employees had fallen through the mesh, and one of them had been killed by the fall. When their supervisor told them to perform tasks that would likely involve walking on the mesh, Denton and Carlo refused because they feared they might suffer bodily injury or death. Because they refused to do the requested work, the two employees were fired from their jobs. Was their discharge wrongful? If so, under what federal employment law? To what federal agency or department should they turn for assistance? (See Employment at Will.)
20-4. Exceptions to the Employment-at-Will Doctrine.
Li Li worked for Packard Bioscience, and Mark Schmeizl was her supervisor. Schmeizl told Li to call Packard's competitors, pretend to be a potential customer, and request "pricing information and literature." Li refused to perform the assignment. She told Schmeizl that she thought the work was illegal and recommended that he contact Packard's legal department. Although a lawyer recommended against the practice, Schmeizl insisted that Li perform the calls. Moreover, he later wrote negative performance reviews because she was unable to get the requested information when she called competitors and identified herself as a Packard employee. Several months later, Li was terminated on Schmeizl's recommendation. Can Li bring a claim for wrongful discharge? Why or why not? [Li Li v. Canberra Industries, 134 Conn.App. 448, 39 A.3d 789 (2012)] (See Employment at Will.)
21-1. Title VII Violations.
Discuss fully whether either of the following actions would constitute a violation of Title VII of the Civil Rights Act, as amended. (See Title VII of the Civil Rights Act.)
(a) Tennington, Inc., is a consulting firm with ten employees. These employees travel on consulting jobs in seven states. Tennington has an employment record of hiring only white males.
(b) Novo Films is making a movie about Africa and needs to employ approximately one hundred extras for this picture. To hire these extras, Novo advertises in all major newspapers in Southern California. The ad states that only African Americans need apply.
21-7. Business Case Problem with Sample Answer Sexual Harassment.
Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., in San Antonio, Texas. Blanton was subjected to sexual and racial harassment by the general manager, who was female. Newton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situation, an employee should complain to the harasser's supervisor. Blanton alerted a shift leader and an assistant manager about the harassment, but they were subordinate to the general manager and did not report the harassment to higher-level management. When Blanton finally complained to a manager with authority over the general manager, the employer investigated and fired the general manager within four days. Blanton filed a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager's actions. What is Newton's best defense? Discuss. [Blanton v. Newton Associates, Inc., 593 Fed.Appx. 389 (5th Cir. 2015)] (See Title VII of the Civil Rights Act.
REFERENCES: Cross, F., Miller, R. L. (2016). West's Legal Environment of Business (11a edition). Editor. Mason, OH: Cengage.
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