Question #6

Paul is male by sex but identifies as female. Paul is hired to work as a customer service representative for a manufacturer of agricultural equipment and goes by the name Paulina. After working for two months Paulina arrives at work wearing a skirt and high heels. Paulina's supervisor tells her that she is not presenting the correct "manly image" and wants her not to dress that way again. The next day Paulina arrives wearing a chiffon evening gown with stiletto heels. Paulina is promptly fired. She sues.

What will be Paulina's legal claim and will she win? Explain in detail.

Question #7

Mary had a great interview with XYZ Company. The interviewer, John, was so impressed with her that he offered her a job on the spot at its facility in Phoenix, Arizona. Mary promptly bought a new van, broke the lease on her apartment and purchased five business suits. She rented an apartment in Phoenix. When she arrives at work the first day on the job, John, her interviewer was nowhere to be found. Inquiring, Mary is informed that he was fired and that she did not have a job. Mary is understandably upset and wants to sue. Can she?

What will be her legal theory? Explain

Question #8

CMS Energy interviews several people for the job of electrician. In the discretion of the interviewer CMS scores each applicant in various areas on a scale of 0.0-6.0 in the areas of safety, attendance and performance. Joan, a Hispanic female, interviews for the job. She informs CMS that she has perfect attendance and has never had an on the job accident. Her score in those two categories was 5.5 and 5.0, respectively. Steve, a white male, also interviewed. He was asked the same questions regarding the same answers. He tells CMS that he missed two weeks of work last year and that he has three on the job accidents and was reprimanded once for failure to follow OSHA rules. His score was 5.9 and 5.8, respectively. Steve is hired by CMS and Joan decides to sue.

What will she claim and will she win?, discuss and decide.

Question #9

AAA Company is looking to promote one of its sales representatives to Sales Manager. The Vice President of sales decides that she will do all of the interviewing and alone will decide who gets to interview for the position. She does not have any criteria for the selection of who gets an interview or who ultimately gets the job other than she wants someone with "the right stuff". As a young Human Resources assistent she comes to you and asks for advice. What would you tell her?

Question #10

Western Sky Trucking Company requires all applicants for driver positions to submit to a drug screen before being considered. John applied to be a driver and submitted to the drug screen. He tested positive for Marijuana and Western Sky's operations manager asked John if he smoked pot and if so how often. John responded by indicating that he had a Doctors presrciption due to severe headaches. John was not hired and comes to you, a budding young lawyer, for advice. What would you tell him?