Delta Airlines is seeking applicants for the position of flight attendant. Delta interviews Paul Williams. Mr. Williams is HIV positive but does not disclose that information to Delta during the interview and application process. Delta makes an offer of employment to Mr. Williams conditional upon a criminal background check as well as a comprehensive medical examination.During the medical examination and prior to the background check Mr. Williams' HIV status is uncovered. Delta withdraws the offer of employment asserting that Mr. Williams was dishonest during the application process. Williams sues.

What will be his legal theory of recovery and will he win? Be thorough, discuss and decide.

Question #3

John Jones is a former employee of ABC Manufacturing who is laid off during a recent round of downsizing. Mr. Jones applies for a job with Delphi Corporation. The Human Resources Department from Delphi calls ABC Corporation to verify John's former employment. A representative of ABC Corporation, Pete Smith, tells Delphi that John Jones was an employee of ABC and that he was let go during a recent round of layoffs. Mr. Smith added that all of the company's honest employees were retained. Delphi does not hire Mr. Jones who is told about the comments from Mr. Smith at ABC. Mr. Jones is obviously angry. He comes to you for advice.

Is there a lawsuit against ABC Corporation and if so on what basis? Be thorough, discuss and decide.

Question #4

Interstate Haulers, Inc. is an over the road transportation company. They are in immediate need of a truck driver due to a teamsters strike which has crippled operations. John reads an ad for a truck driver position and stops in to apply. After the application is completed the only thing that John was asked to produce was a CDL (commercial driver's license) which he did. John is hired on the spot. Unfortunately, on his first day, John is involved in a traffic accident which was clearly his fault. The injured victim sues Interstate and during discovery finds out that John had three drunk driving convictions, one of which was a felony where he served 2 years in prison and that his CDL had been suspended. The CDL produced by John was actually a forgery.

Beyond vicarious liability, does Interstate have any additional legal trouble?

If so, please explain in detail.

Question #5

A meat packing company has implemented a physical ability test in an effort to reduce worker's compensation claims. The test requires applicants to lift a 60 pound weight and move it 20 yards, 15 times, within 20 minutes. The effect of this test reduced the percentage of females in this particular job from 50% to less than 10%. A group of female applicants sue. The evidence shows that worker's compensation claims were actually falling before the policy was implemented and that women have always hadfar fewer worker's compensation claims than their male counterparts.

Who will win and why? Explain in detail.