1. A 55-year-old woman applied online for a financial analyst position and other jobs with an employer. The woman had a Master's degree in accounting and an M.B.A. in finance, in addition to 15 years of experience in fields including financial analysis. She was not interviewed or hired for any of these positions. The application form that she completed asked applicants to indicate "the year you started working professionally." The manager responsible for reviewing applications said that she was not aware of the applicant's age at the time that her applications were reviewed. The employer cited lack of current or relevant experience, the superior qualifications of other candidates, and some positions that were not filled at all as reasons for not hiring her. The woman sued. What should the court decide? Why? (Smiarowski v. Philip Morris USA, 2005 U.S. Dist. LEXIS 13299 (S.D.N.Y.); cert. denied, 2007 U.S. LEXIS 7546)).
2. What policy would you recommend an employer adopt regarding the use of criminal history in hiring decisions? Why? Would the policy differ according to the type of job in question? If so, how?
3. A passenger on a flight was greeted by a flight attendant whom he had never met and told that she liked his smile and that "he would be her #1." During the flight, the flight attendant hit the passenger on the head with her open hand several times in order to initiate a conversation.The passenger moved to another seat to get away from the flight attendant.The flight attendant subsequently poured water on his lap.She proceeded to place stickers labeled "fragile" on the passenger's arm, cheeks, and crotch.The flight attendant forcibly attempted to kiss the passenger on the lips. She also rubbed her tongue along the rim of a beer can before handing it to the passenger.After the plane landed, the flight attendant grabbed the passenger and kissed his lips in an effort to get "one last kiss" while he was standing on line waiting for a rental car. The passenger sued the airline. (Twardy v. Northwest Airlines, 2001 U.S. Dist. LEXIS 2112)
4. Are workplace appearance and grooming policies necessary? If so, what policy would you recommend with regard to office workers who have some contact with clients/customers? To what extent should the policy differentiate between male and female employees?