1. (TCO B) DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law.
2. (TCO H) Shaun, a woman of Hispanic origin, waits tables at Mongomey's Restaurant. Phil, an African-American local businessman who frequently brings clients to Mongomey's for lunch, dislikes Hispanics. As a result, he lies to the owner of the restaurant and tells the owner that Shaun referred to him by an ugly racial epithet. Once this complaint is brought to Shaun's attention, she is demoted from waitress to dishwasher. Shaun filed a Title VII claim against Phil, even though Shaun works for Mongomey's, not for Phil. Analyze the basis for the cause of action, the company exposure, steps that could have been taken by the company to reduce exposure, the outcome, and support for the outcome. Utilize applicable law in your analysis.
3. (TCO A) Pugh worked for See's Candies, Inc. for 32 years. He had started out as a dishwasher, worked his way up to vice president of production, and was also on the Board of Directors. When he was hired, he was told by the president and general manager, "If you are loyal and do a good job, your future is secure." The president had a policy of only terminating employees for good cause, and that policy was continued by his successor. During the entire period of Pugh's employment, his performance had never been formally evaluated or criticized, and he was never denied a raise or bonus. After the company had set sales records for the Christmas and Valentine's Day seasons, Pugh was called into the president's office and told that he was fired. He was not given a reason for his discharge, but he suspects that he was fired because he objected to the sweetheartrelationship that the company had with the union representing its workers. Does Pugh have a cause of action for wrongful discharge? If so, what could the company have done to minimize exposure?
