Question
1- You are an employee of a company and suffer from severe depression. You are granted periodic leaves of 1 to 2 week each year,
1- You are an employee of a company and suffer from severe depression. You are granted periodic leaves of 1 to 2 week each year, based on your doctor's recommendations. However, this year you requested a 3 month leave, returned to work for 1 month, then requested another3 month leave on the advice of your doctor. The company denied the request, and told you that you had to return to work or be fired. You did not return to work and were fired. Under the ADA, what would you (and your doctor) have to demonstrate about the leave requests and conversely, what would the company have to show in order to win the case under the ADA?
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2- I run a small money management firm with 5 employees. I'm a horrible person to work for. You are a straight male but very thin and not athletic looking so I make fun of your lack of physical toughness and challenge your masculinity. You have gone to the Director of HR but he did nothing. You decide to go to the Federal EEOC and sue under Title VII of the Civil Rights Act of 1964 for sexual harassment. Will you win under the rules of Title VII?
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3- Google has publicly announced that they are trying to recruit more people of color and more women in senior positions and have started a multi-year process to do so. Part of this effort is to recruit for new graduates in state colleges that have larger student populations of women and people of color. You submit your resume and you not only meet or exceed all the requirements. You are a white male student at one of these schools but are not invited back to Google for an interview even though you have higher grades than many of the students. Do you have a cause of action?
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4- You are the only woman in an all-male department in an investment bank. The men in the department play a game where when a woman walks by (from another department), they shout out numbers from1-10 (basically rating the woman's physical looks). You think it's inappropriate but on occasion shout out a number as well so the guys think you are playing along. When it comes time for your annual review, your supervisor(who is male) tells you that you have the lowest sales number in the group (you do) and terminates you. You are an employee at will, just like everyone else in the department. You then decide to launch a sexual harassment lawsuit for a hostile work environment. Will you win?
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