1. A female crane operator was told it was company policy that crane operators urinate over the side of their cranes rather than stop work to take bathroom breaks. Management justified the policy by saying that there was a shortage of staff and that it was necessary for the cranes to operate continuously in that area of the plant. Shifts for crane operators were typically twelve hours. There was evidence that the same policy was applied to male crane operators and that they routinely urinated over the side or back of their cranes in lieu of bathroom breaks. The employer offered the woman some alternative jobs, but none were crane operator positions. She quit. a. Describe the key elements of a sexual disrimination claim and their applicability in this situation. b. Does the female crane operator have a valid sex discrimination claim? 2. A manager at an airport rental car station e-mailed a regional manager with allegations of sexual harassment by her immediate supervisor. Although bypassing the immediate supervisor was permitted under the company's harassment policy, the regional manager testified that he was not happy that she had not dealt directly with her immediate supervisor. The regional manager also said that he liked employees to joke around and that the complaint would "put a muzzle on interaction" between employees. Twenty-eight days after the e-mail was sent, the regional manager and supervisor met with the employee and terminated her. The regional manager testified that he had actually made the termination decision sooner, some 15 days after the e-mail. The employee was told that her termination was due to a downturn in business following 9/11 and her status as the least senior manager at the location. The employee's requests for a lateral transfer to one of several open positions in other cities was rejected on the grounds that, under company policy, employees with disciplinary warnings in their files were not eligible for transfer. However, although this policy existed, it was regarded as discretionary and not consistently followed. Although it was undisputed that 9/11 had greatly reduced business, this employee was the only manager in the Midwest Region who was laid off. When her former position became open a year later, the woman applied for the position but received no response. She sued. a. Describe the legal nature of a retaliation claim. b. What should the court decide in this instance and why?

3. The U.S. Forest Service operates twenty-eight Job Corps Civilian ConservaZon Centers. These centers are residenZal faciliZes located in remove, rural areas They offer educaZon, vocaZonal training, and counseling. Students, ages 16-24, engage in work-based learning to conserve, develop, and manage public natural resources and public recreaZonal areas. Students are subject to the Job Corps Zero Tolerance Policy, under which a second posiZve test for drug use results in the expulsion from the Job Corps. Job candidates and employees of Job Corps Centers are subject to considerable scruZny, including extensive background checks. All employees are responsible for "modeling, mentoring, and monitoring" appropriate workplace behavior. Forest Service Job Corps Center employees include (1) administraZve staff such as clerks, computer assistants, and medical records technicians; (2) educaZonal staff including classroom and driver's educaZon teachers; (3) counseling staff including guidance and drug/alcohol counselors; (4) vocaZonal training staff; and (5) residenZal and recreaZonal employees include social service and recreaZon assistants. Following an invesZgaZon by a Senate commicee that idenZfied a drug problem among Job Corps students, the Job Corps Zero Tolerance Policy was established. All staff were instructed that they would be held accountable for acZvely supporZng and implemenZng the policy and that they would be held to the same standards of conduct as students. Aeer several false starts, the Forest Service implemented a random drug-tesZng program to which all Job Corps Civilian ConservaZon Center staff were subject. A union sued on behalf of the employees challenging the drug-tesZng program. a. Describe the issues relaZng to random drug tesZng policies and employees. b. What should the court decide and why?

4. Ninety-five percent of the customers of a weight loss center are women. Counselors at the center sell the weight loss program, interact with customers, provide instrucZon on diet programs, counsel customers about their individual weight problems, and monitor the progress of customers in losing weight. The lacer includes taking measurements of size and body fat using a tape measure and calipers. The measurements involve considerable physical contact with customers and are someZmes taken on bare skin. Arguing that many customers would be uncomfortable and embarrassed having men take their measurements and talk with them about their weight problems, the center hires only women as counselors. Two previous acempts to uZlize male counselors were judged to have been unsuccessful. a. Describe the standards for evaluaZng a sex discriminaZon claim including consideraZon of the needs of the business in your response. b. How should a court respond when a male, denied employment as a counselor at the weight center, sues.

5. A female bartender had worked at Harrah's Casino for 20 years. During that time, her job performance had consistently been rated as excellent. A "Beverage Department Image Transformation" program was implemented. Under the program, all beverage servers were to be "well-groomed, appealing to the eye, firm, and body toned." Female beverage servers were required to wear stockings, use colored nail polish, and wear their hair "teased, curled, or styled." Additionally, women were required to wear makeup. Male beverage servers were prohibited from wearing makeup or colored nail polish and required to maintain short haircuts and trimmed fingernails. The bartender specifically objected to the makeup requirement. She tried wearing makeup on the job once previously, but found that it made her feel like a sexual object and that it was more difficult to deal with unruly guests. a. Describe the standards applicable based on sexual stereotyping such as in this instance. b. Based on her refusal to comply with the makeup requirement, the bartender was terminated. What should the court decide?

6. A call center representaZve suffered from a rare condiZon known as "bricle bone disease" that permanently confined him to a wheelchair. The call center has a strict policy on tardiness. Employees are penalized for reporZng to work or returning from lunch more than three minutes late. The representaZve was frequently late, especially returning from lunch. His tardiness was caused by a variety of factors including an insufficient number of disabled accessible parking spots in the company lot, a policy of not assigning specific cubicles to representaZves, clucered aisles that made it difficult to maneuver between cubicles, and lack of equipment in some cubicles. The representaZve requested that he be given a grace period of an addiZonal fieeen minutes when returning from lunch. He would be responsible for working the same total amount of Zme, but he would be allowed to start a few minutes later if needed. AdjusZng his work schedule in this manner would have eliminated almost all of the incidents of tardiness. His supervisors refused the grace period request and terminated the representaZve. a. Describe the standard of reasonable accommodaZon in employment law. b. Did this employer fail to reasonably accommodate this employee?

7. A good employee with a nearly flawless aZendance record has missed work for 4 days in a row. Her supervisor has called to speak to her (since she has not called in, as required), but gets only her voicemail. Now, the supervisor wants to fire her, but has come to you to ask you to do it. As the Human Resources Manager (you are the person in charge), what should you do?

8. You are the VP of Human Resources; the Director of Human Resources reports to you. You have received a complaint from the co-worker of a Pakistani employee working in IT, that he is being harassed by the head of the IT department because of his religion. The employee telling you has also noHfied the Director of Human Resources, but she has taken no acHon. What would you do?

9. You are the HR manager of a technology firm that has grown significantly in recent months. One recent hire was the breakthrough - a bio-engineer who seems to have a creaHve genius for manipulaHng living organisms to enable them to clean up toxins. But a chemist in his department has been harassing the bio-engineer, you suspect because of the bio-engineer's sexual orientaHon. The chemist is a big fellow who has previously made disparaging remarks about gay people. The bio-engineer has not complained to you, but others have on his behalf. What would you do?

10. You own a small chocolate shop in the suburbs of San Francisco, and business has been good. One of the reasons is that your shop is open, and customers can see chocolate being made in the back. One of your salespeople who serves customers has just returned from a religious retreat, and by her own account, has been "transformed." She now so vehemently opposes gays that she refuses to serve gay or lesbian clients. She refuses to serve anyone she thinks "looks gay," and she believes that she must tell any gay person she sees that they are sinners who must repent. As a business owner, your pracHce has been to serve every customer, unless the customer is unruly. What would you do?

11. ABC PainHng recently hired Rachael for their west-side painHng crew. Eric, crew supervisor for ABC, had never hired a woman painter before; but Rachael had lots of experience and came highly recommended from another paint contractor. Eric decided to give her a try. A\er all, gender discriminaHon is illegal, isn't it? Unfortunately, it has only been a few weeks and some of the men are already complaining about her. They say she doesn't pull her weight. She won't go up the ladders to paint the high spots; she won't help unload the paint; and she doesn't clean up at the end of the day. "Besides," one of them said, "I got no problem working with women, but she's a lousy painter!" Rachael has complained to Eric that the men refuse to work with her. "How am I supposed to know which job we're working on," she said, "when they won't give me the day's schedule? Everyone else gets it the day before and I don't get it at all. When we get to the job, my paint is always loaded at the back of the truck under all the five-gallon buckets so I struggle to get it unloaded while they all stand around and snicker, making cracks about a woman in a man's job. Worse yet, yesterday when I went to get my lunch cooler from the back, someone had wriZen GO HOME on the side of it with a black permanent marker! You've got to do something, Eric, I'm Hred of the harassment and their abuse." Eric groaned silently to himself. "I should have known beZer than to hire a woman," he thought. "What a mess. Now I have to let Rachael go, and I'm never going to hire another woman. The paint industry is just no place for women." Describe the issues apparent that ABC PainHng should consider in how to handle this