Share
Explore BrainMass

Employment Law - Harassment

1. What factors must be taken into account in determining whether an individual with a communicable disease that is a disability is other wise qualified for the job?

2. Carter was hired as a disc jockey, by Warren, when he was aged 54. Two years later, during economic hard times, Carter is laid off by Warren. Carter brings a claim of age discrimination against Warren. On the basis of these facts alone what is Warren's best defense to Carter's claim? Explain?

3. The Christina Bookstore of Port Alice seeks a cashier. Mansour, a Muslim, applies for the job. He is not hired because he is not a member of a Christina religion. When sued for religious discrimination, by Mansour, the Bookstore asserts membership in a Christian religion as a BFOQ. Under what conditions will this defense be successful?

4. What protections, if any, does Title VII afford gay and lesbian individuals?

5. Distinguish quid pro quo sexual harassment from hostile work environment sexual harassment.

Solution Preview

1. What factors must be taken into account in determining whether an individual with a communicable disease that is a disability is other wise qualified for the job?

If the individual satisfies the job requirements such as education, experience, and skills, and able to perform the essential functions of the job, with or without a reasonable accommodation but has a mental or physical impairment that substantially limits a major life activity, such as walking, talking, breathing, sitting, standing, or learning he/she will be qualified for the job. For example an insulin-dependent diabetic whose diabetes is fully controlled by the insulin has a disability under the law. But a person with a poor judgment, a bad temper, cannot be considered as a disabled person and may not be qualified for the job.

2. Carter was hired as a disc jockey, by Warren, when he was aged 54. Two years later, during economic hard times, Carter is laid off by Warren. Carter brings a claim of age discrimination against Warren. On the basis of these facts alone what is Warren's best defense to Carter's ...

Solution Summary

This solution answers 5 employment law questions, addressing sexual harassment, LGBT protection and religious discrimination

$2.19