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WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You

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WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You should (a) identify the relevant issues, (6) determine the applicable rules and principles from the text, (c) analyze how the rules and principles specifically apply to the given set of facts, and (d) state a concise and well-reasoned conclusion that logically follows from your analysis. THE STORY OF MOLLY Molly Martinez is a recent graduate of a major university's MBA program. Upon graduating, she applies to a large clothing manufacturer to obtain employment in their Human Resource Management Department. In applying, she checks the box that indicates her race to be "Hispanic." She is interviewed, and 2 weeks later she is thrilled when she receives an offer of employment. She accepts the position. What Molly does not know is that there was one other finalist for the position who is a Caucasian male. Word leaks out to the male applicant that Molly's application was given "favorable weight" because of her race. The angry male applicant claims this is unfair, race should have nothing to do with the application process, and the employer should be "blind to the race of an applicant." The employer responds that they have instituted an affirmative action program to "atone for past discrimination when slavery was allowed in the United States." They tell him that they accordingly want "at least one new hire per year" to be a "racial minority." When the employer informs the Caucasian male that he will not be hired, he retains an attorney. After working for the above employer for 2 years, Molly applies for a position as the Assistant CFO in a competing clothing manufacturing company. When she appears for her interview, she is introduced to Alyssa-another female applicant for the same position. Alyssa is in a wheelchair. The two are interviewed together and then separately. Four days later, Molly is advised that she got the job. She calls her friends and goes out to dinner to celebrate. What Molly does not know is that her new employer decided to hire her based on an economic analysis. After interviewing both candidates, the company determined that they were equally qualified in every way. However, the company was concerned that it would have to build a wheelchair ramp and modify the existing restrooms if they hired Alyssa. The president did not see why the company should have to go to this additional expense when there was an equally qualified candidate whose hiring would not cause the company to incur such an expense. However, as it turns out, Alyssa has a relative inside the company, and the relative tells Alyssa about the economic analysis. Alyssa is offended and angry. The day after finding out what happened, she retains an attorney.At first, Molly enjoys her job. Her supervisor is Caleb, the CFO of the company. Over the course of a few weeks, Caleb seems to Molly to be a genuinely caring individual. He is popular at the company, and other employees tell Molly that they wish they could work for him. One day, Molly gets a telephone call in which she is told that her father has been in a serious car accident. He is in intensive care at a local hospital. Molly goes to Caleb to ask for the rest of the day off to go to the hospital. Caleb gets up from his desk, approaches Molly, puts a hand on her shoulder, and says, "Of course. I'm so sorry for you and your family." Molly does not like being touched and expresses outrage to Caleb that he put his hand on her. Caleb looks surprised and says, "I'm really sorry; I didn't mean to offend you." Molly leaves and goes to the hospital to visit her father. Over the course of the next 2 weeks at work, she finds out that Caleb has been fired for the incident involving her. Other employees begin to make fun of her openly and tell her that she is "too stuffy" and "hypersensitive." Some of her fellow employees even say that they wish she had been fired instead of Caleb. She goes to the new CFO and demands that she take action to stop the "intimidating atmosphere" to which Molly is being exposed. The CFO says, "Molly, I can try to talk to people, but I can't watch them every minute. You have to try and understand how they feel. They liked Caleb, and they wish he hadn't been fired." Another week goes by, and the situation has not changed. Although she is not fired, Molly believes that she is forced to quit, and does so. She goes to an attorney to find out what rights she may have against her former employer. Please comment on the following questions. Please be certain to integrate the text readings into your answer and analysis. 1. If the male Caucasian brings an action against the employer that initially hired Molly on the basis that its affirmative action program is unconstitutional, who will prevail? Why? Do you believe the male applicant has a valid point about fairness? 2. If Alyssa brings an action against the company that hired Molly, based on a violation of the Americans with Disabilities Act (ADA), will she prevail? 3. If Molly brings an action against the company for sexual harassment, based upon Caleb's touching her, will she prevail? 4. If Molly brings an action against the company for sexual harassment, based upon a constructive discharge theory, will she prevail

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