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Employment laws

(1) Is an employer liable for racial discrimination because she terminates a black male who refuses to abide by the "no-beard" rule? Why or why not?
(2) Is it a violation of wage and hour laws for an employer to hire his 13-year-old daughter to pick strawberries during the summer? Why or why not?
(3) Is an employer liable when a supervisor sexually harasses an employee, but the employer knew nothing of it? Why or why not?
(4) Can an employer be successfully sued for "reverse discrimination" by an employee who feels harmed by the employer's affirmative action plan? Why or why not?
(5) Is an ex-employer liable for deflamation if he gives a negative recommendation about an ex-employee to a potential employer who inquires? Why or why not?

Solution Preview

Please answer each of the below questions thoroughly and concisely.

(1) Is an employer liable for racial discrimination because she terminates a black male who refuses to abide by the "no-beard" rule? Why or why not?

An employer is not liable for racial discrimination because she terminates a black male who refuses to abide by the rules. The rule is not racially related, the rule is in place regardless of race, appearance, cultural beliefs or gender. If the policy states that beards are not allowed, and exceptions have not been made for other people, then this employee who is claiming racial discrimination is mistaken. It is necessary for all employees to adhere by the no beard rule in the same manner that they would adhere to the rules related to sexual harassment, showing up to work on time or not drinking alcohol while on the job. The rule is in place for a reason, more than likely to show professionalism in appearance, or because of hygiene. Many restaurants do not allow facial hair on employees because it serves as a hygienic risk of hair getting into the food. Other businesses do not allow facial hair of any kind due to the lack of professionalism in appearance. These same places of employment often have strict guidelines related to proper dress, make up for women, piercings, hair color and general grooming. It is not a racial rule, rather a companywide policy, therefore the employer is not in violation of anything.

(2) Is it a violation of wage and hour laws for an employer to hire his 13-year-old daughter to pick strawberries during the summer? Why or why not?

It is not a violation of wage and hour laws for an employer to hire his thirteen year old daughter to pick strawberries during the summer. According the Fair Labor Standards Act, the normal minimum age for employment in agriculture is fourteen years, with three exceptions. The first exception is that a child of ages twelve or thirteen may work where a ...

Solution Summary

(1) Is an employer liable for racial discrimination because she terminates a black male who refuses to abide by the "no-beard" rule? Why or why not?
(2) Is it a violation of wage and hour laws for an employer to hire his 13-year-old daughter to pick strawberries during the summer? Why or why not?
(3) Is an employer liable when a supervisor sexually harasses an employee, but the employer knew nothing of it? Why or why not?
(4) Can an employer be successfully sued for "reverse discrimination" by an employee who feels harmed by the employer's affirmative action plan? Why or why not?
(5) Is an ex-employer liable for deflamation if he gives a negative recommendation about an ex-employee to a potential employer who inquires? Why or why not?

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