1) Laura worked for a financial consulting firm as a receptionist. The company had no formal dress code policy but her supervisor often commented about the inappropriateness of Laura's clothing; criticizing her that her skirts and blouses were too tight, too short, or too revealing. The supervisor said that he would never let his wife dress as she did. When Laura confronted the supervisor, he responded that his comments were made to cultivate a company image. At one point the supervisor stuck out his chest and strutted on his tiptoes in front of Laura's desk stating, "Laura, why do you always parade through the office like this?" The supervisor never asked Laura for a date, never expressed any sexual interest, and never touched her. Laura was eventually terminated for poor work performance and sues the company for a hostile work environment.

Based on the structure we have looked at for harassment cases:

a. Make an argument for Laura as to why this would constitute sexual harassment. b. Make an argument as to why this would not be actionable sexual harassment.

2) In 1998, the Supreme Court issued two opinions (in Faragher v. City of Boca Raton and Burlington Industries v. Ellerth) which held that employers are subject to vicarious liability for unlawful harassment by supervisors.

a. Following these decisions, the EEOC has set forth guidelines on how employers can avoid such liability.

b. What are the elements of this employer defense?

c. Can an employer avoid vicarious liability for quid pro quo harassment?

3) Susan filed a complaint for sex discrimination against her employer. Susan, who was pregnant at the time of hire, was hired as a probationary employee for 90 days and was subject to a strict attendance policy that dictated that anyone who missed more than three days of work during the probationary period would be terminated. Susan received positive performance reviews and maintained perfect attendance for two months. However, in the last month Susan experienced early labor and suffered a miscarriage, rendering her unable to work for two weeks. She was terminated because of her absence.

a. Susan sued for pregnancy discrimination. Do you think she will prevail? Why or why not?

b. In California, what potential leave policies may have been available to Susan?

4) Rose worked for Parr Manufacturing as an at-will employee. When she began her employment, she worked with plastisol, a chemical used in the manufacture of fuel filters. Within six months of her employment, she noticed that she was developing a skin condition on her face. She was referred to a dermatologist who linked her condition to her job. Following conversations with her supervisor and the president of the company, she was terminated.

a. Should Rose be eligible for workers' compensation for her condition? What are the factors to be considered?

b. Are there any other causes of action that Rose could use to sue her employer?

5) An employee of bear park in Montana smoked marijuana on his way to work. Later in the day, the employee went to feed the bears. The employee was subsequently mauled by a large grizzly bear and suffered severe injuries. There was evidence that employees sometimes smoked marijuana at the park and that the park owner had done so as well.

a. Is the employee entitled to workers' compensation for his injuries? Why or why not? What are the factors to consider?

b. Is this a situation that would fall within OSHA jurisdiction? If so, what provision would OSHA use to address the situation?

6) Judy served as director of marketing for a California homebuilder. She was terminated within an initial 90-day assessment review period during which either party could terminate the employment without giving a reason. Shortly after starting her employment, Judy began having conflicts with her manager stemming from the use of an advertising agency that Judy documented was being overpaid. She suspected kickbacks were occurring from outside vendors to company managers. Judy did not specifically tell her superiors that illegal activity was taking place in the company when she was terminated for personality conflicts with her manager.

a. Would Judy receive whistleblower protection in this scenario? b. What are the factors to be considered?

7) Nurses and Medical Staff that have patient contact at the local hospital are now required to wear extra protection, such as N95 masks, smocks, face shields, glasses and other hazardous protections. Prior to shift, in addition to donning this protective gear the nurses and staff must be tested for exposure to COVID-19. These additional procedures take approximately 10-12 minutes before and after each shift. The hospital is refusing to pay nurses and staff for this time.

a. Does the hospital have to pay these employees for this time?

b. What is the standard as to whether or not they need to be paid?