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Widgets Unlimited (WU), a big box store, posts an advertisement for an office manager. Consider each of the following scenarios. Then, identify the regulatory scheme
Widgets Unlimited ("WU"), a big box store, posts an advertisement for an office manager. Consider each of the following scenarios. Then, identify the regulatory scheme or law (if any) or key issue implicated by each and how WU should proceed in light of each.
- Jane Smith comes in to interview with HR. She is visibly pregnant.
- All prospective employees are required to undergo a physical exam. Jane doesn't disclose her pregnancy during the interview, but HR learns through that exam that Jane is pregnant.
- Jane Smith is hired, after which she tells WU that she is pregnant and would like to take time off to have her baby.
- WU runs a credit check on Jane before extending a job offer to her and learns that she has a mountain of personal debt.
- Before extending an offer, WU's HR department does an internet search and discovers that Jane is a member of a militant alt-right group, which HR believes is inconsistent with WU's family values policies.
- Jane is hired, she gives birth, and she returns from maternity leave. Upon returning, she finds that she cannot sit for a full workday because of some residual circulatory issues from her pregnancy.
- Jane has ongoing complications and is not ready to return to work after the company's 6-week leave policy. Would your answer change if the company's leave policy was 12 weeks?
- Jane Smith and Sue Jones interview for the job. Sue is over 50 and WU decides to offer her the job because it is fearful of hiring an employee who is of childbearing age, not wanting to pay benefits or deal with maternity leave and the like.
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