Explain when censorship is acceptable under case law. Be sure to define censorship and use case law to support your position.
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Is there a difference between AIDS as opposed to tuberculosis? Where do you think any differences might be found in a court's analysis of an employee with HIV?
Can the contagious aspect of a disease be divorced from the consideration of the public of having the disease itself? Will the employer always run the risk of being sued in such a situation?
The law relating to affinity orientation is evolving and somewhat complex due in part to its exclusion from Title VII protection. What steps should a manager take to ensure that his company avoids potential claims for discrimination based on affinity orientation in light of the laws that do protect homosexuals from discriminatio
Seymour Kurland hired Ezold to be an associate at the law firm of Wolf, Block, Schorr, and Solis-Cohen. Kurland advised Ezold that making partner would be difficult because she was a woman who had not attended an Ivey League law school. Ezold was denied partner status. Kurland had no vote in the decision. Ezold claimed she was
Discuss why the Implied Warranty of Merchantability under 2-314 is applicable only to goods sold by a merchant. Discuss whether this provision should be applicable to non-merchants as well.
If the goods or tender of delivery fail to conform to the contract, the buyer can reject the goods if the non-conformity rises to the level of substantial impairment of value. Give 2 specific examples of situations which would meet this criteria.
Two sisters, Kiesha and Karletha, formed a partnership to operate the family delicatessen. Six months later, Kiesha withdrew $4,500 from the partnership account and bought the New Wave Deli. The food license and property deed were obtained in Kiesha and her husband's names. Originally, Karletha approved of the purchase. However,
Research and List cases where summary rulings have been made against the employer in cases of pregnancy discrimination.
Can you provide me with the following information for each employment law? The information required is: Description and Requirement of Law Court Case Influential to Establishment of Law Importance of Law Workplace Application The laws cited are: Civil Rights Act of 1964 Equal Employment Opportunity Act Equal Pay
Does the duty of reasonable accommodation require the same level of accommodation from every employer with respect to a given disability? Explain.
List the recognized defenses to a claim of age discrimination.
Would you recommend that an employer offer domestic partner benefits? Why or why not, based on a comparison to the "traditional" arguments for offering benefits? If so, would you recommend it for all domestic partners or only same-sex partners? Justify your answer using legal and business arguments, minimizing emotional argument
There are four situational factors that courts frequently require to initially establish a charge of disparate treatment. Analyze each factor and discuss why you think each one is individually important. Explain why the courts usually require that all four factors be present in a charge of disparate treatment. The four facto
Duong is an American of Vietnamese ancestry. He wants to work for A-1 Trash Collection, Inc. as a trash collector. Duong is very strong as he has done amateur weight lifting for five years. However, when he applies he is told that he is too short because all employees who work on the trucks must be at least 5'7", and he is 5'4''
Write a few paragraphs distinguishing between national origin and citizenship.
Case: Alvin is 16 years old and lives in a state that prohibits minors under the age of 17 from performing any job that involves a cash transaction. He applies for work as a cashier at a local department store and is denied the job on the basis of his age. Alvin argues that since the FLSA is a federal statute and it does not
Case: You recently interviewed an African American candidate, but did not hire her. When she found out she did not get the job, she called the office and said she felt the hiring decision was discriminatory and she was considering taking legal action. What laws would she base this on? To justify your employment decision, what f
Victoria Williams has been employed by TEDCO for 3 years. During that time, she has been an exemplary employee, repeatedly receiving the honor of being named employee of the month. TEDCO has 150 employees, 47 of them female, yet none of its female employees have young children. However, several of the male employees have young c
Describe an employer's best approach to avoiding liability for racial harassment in the workplace.
Linda was employed with Southern Telephone Company as a telephone operator for 10 years. Bored with this job, she applied for an open position as a telephone repairman which paid $10.00 per hour more than she was earning as a telephone operator. This position required the employee to be able to climb to the top of a telephone po
I need help with the following scenarios/questions. 1. Petit v. City of Chicago - Just to show you how quickly law evolves, a June 29, 2009 opinion by the Supreme Court has rendered our textbook obsolete before you ever start using it. First, look up the Petit case in your textbook. On what basis did the court conclude that t
The case is on page 125 of the Labor and Employment Law Text and Cases by David Twomey (attached URL to the Google Book). After reviewing the case of Hoffman Plastic Compounds, Inc. v. NLRB (2002), scrutinize the following and prepare an analysis statement related to your conclusions. Include the following in your answer:
The case is: County Sanitation District #2 of Los Angeles County v. Local 660 Seiu 38 cal 3d 564 (1985)* Prepare a comprehensive response to the following questions: 1. Do strikes by public employees result in public employers making extraordinary concessions? 2. Did the court believe that it was required to leave the
1. Discuss ways that work/life balance issues may be improved in the U.S. by drawing on successful practices from other nations (especially European countries). Provide specific examples to support your response. 2. Discuss the major challenges and benefits of an inclusive attitude toward disabled workers in the U.S. workfo
Employers sometimes attempt to replace older workers with younger workers on the claim that the younger workers are allegedly more productive. The federal Age Discrimination in Employment Act (ADEA) protects employees 40 years of age and older from age discrimination. Some states have state laws that protect younger workers, too
Explain what affirmative action is. What are the legal bases for affirmative action? What is reverse discrimination? How can you apply this knowledge?
- Argue for or against the practice of electronic employee surveillance at work. Provide specific examples to support your argument. What laws, if any, may be violated by such practices? - Argue for or against employee testing in relation to the job you currently hold. Be sure to take into account both the needs of the employ
Develop an anaysis statement of the negligent hiring and due care in hiring rules. Provide examples of how you can apply that knowledge?
To develop what you believe is a terrific idea for a video game, you lease 50,000 square feet in an office building from Commercial Property, LLC, under a written five-year lease. Your goal is to put the game on the market within two years. Several months into the term, a competitor unexpectedly releases a new game title featuri