Question
1. Employer liability (respondeat superior) Read the following and decide whether the employer is liable for the employee's actions in each case (according to Federal
1.Employer liability (respondeat superior) Read the following and decide whether the employer is liable for the employee's actions in each case (according to Federal law), and briefly explain your decisions. Assume in each case the "victim" is injured and sues the employer.
a)Pam works as a waitress at Denny's and carelessly pours hot coffee over a customer X as she flirts with customer Y.
b)Pam leaves Denny's to go to lunch with a girlfriend at Coco's restaurant.On her way to the ladies' room at Coco's she carelessly bumps into an elderly lady causing her to fall and break her hip.
c)Sally works on the Ford assembly line.During an argument with co-worker Nell, complaining about Nell's flirtatious conduct with Sally's boyfriend, Sally hits Nell in the face, breaking her nose.
d)Bill is a Bouncer for "Exclusive" nightclub.When Jim becomes drunk and disorderly, Bill throws him out of the club so forcefully that Jim fractures his skull.
2.Employment Discrimination: Recently, France instituted a legal ban on all religious "dress" in public schools.This included crosses, yarmulkes, headscarves, etc.The Muslim community is particularly outraged because their tradition requires females to cover their heads.If Walmart were to institute a similar policy in its stores would this be lawful?Decide and explain your answer.
3.Employment Discrimination:The new company CEO of "Best Car Rental" has determined that the company can save an enormous amount of money if it fires those "at will" counter employees, who have several years of experience and therefore earn more money, and replace them with younger less costly employees.Assume there are no contracts or unions involved and the CEO fires all employees between the age of 32 and 39.Is this a legal act?Explain.
4.State X follows Federal Employment Discrimination law. Evaluate whether these actions violate Federal law.Briefly explain the law and how it applies or does not apply to these facts:
b)Arash, a legal immigrant from Iran, applies for a job as a salesperson at Peleton, a small specialty store that sells high end cycling wear and employs 4 salespersons.Arash is told that the job is only open to American born persons because the owner fought in the Iraq war and doesn't trust persons of Middle Eastern origin.
c)Mary applies for a job as a sushi chef, or sous chef, at Takahashi Sushi.The manager told her she was not suitable for the job because she couldn't speak Japanese and all the chefs and sous chefs communicated in Japanese.
d)Jim, an experienced waiter, applied for a job at "Ye Olde Beef and Barrel" restaurant.All the wait staff are females, who wear English Victorian barmaid costumes.The manager told Jim they only hire female wait staff in keeping with the theme of the restaurant, but he could be a bus person.However, the pay for bus persons is considerably less than the wait staff.
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