Drdropbox

please use the following hypothetical scenario to answer the following 5 question. Each question is worth 20 points fogh she felt that she was eminently qualified for the position, she also was growing tired of a certain good old boy culture at the plant. For r a total of 100 points. When complete upload your document to the drdropbox below.

Scenario

Janet Johnson, an African american woman, has been working at the tennesse hydroelectric plant for 15 years. During that time, his performance reviews have been exemplary. She decided to apply for the new plant foreman position. Although she felt that she was eminently qualified for the position, she also was growing tired of a certain good old boy culture at the plant. For years, the plant has had a culture of highly lewd "jokes," and many of the employees had also engaged in inappropriate touching of female employees. The plant had an anti-harassment policy on record, but Janet's boss shrugged and said"boys will be boys" when she reported the harrassmenr to him.

Competition for the position was fierce. But ultimately. Jose Martinez, a Chilean man, received the position. Jose had 7 years of expeirence. Unbeknownst to the applicants the promotion board secretly ran a credit check on the applicants. Janet credit score came in as lower as average, and his factored into the board's decision. Although he met the qualifications of the position, one of the hiring managers told Janet in confidence that Janet was the applied a racial latino manager at the plant even though Latino's represented 35% of employees at the plant. Janet sues the plant for disparate treatment, disparate impact, and sexual harassment under Title VII.

Question

2. List the elements of disparate treatment and apply then to this case. Can Janet prove a prima facie case? How would the plant rebuff these charges? Who would ultimately prevail?

3.List the elements of a disoarate impact case and apply them to this case? Will Janet prevail on this charge?

4. List the elements of the sexual harrassment case and apply them to this case? Can the plant establish an affirmative defense?

5. If the plant argues that it applied a racial preferences to Jose to correct a manifiest imbalance at the plant of underutilization of certain minorities, will the plant prevail?Why or why not?

6. Was it legal to use the credit check as factor in the promotion decision the way that it was done here? Why or why not?

SECOND QUESTION

Fully answer the questions associated with each case below and upload your completed document in the dropbox below. There are 6 cases, with 10 questions spread among them. Each question is worth 10 point for a total of 100 points.

Secnariors: You are a paralegal with the Weyland-Yutani Corporation. Your boss attorney, Sharon Ripley, has asked you do answer some questions about some HR legal issues that have arisen.

CASE 1

the first case involves Joe Stromboli. Joe is a delivery driver for Weyland, and after an accident, Joe became 100% deaf in both ears. The docotrs were unable to restore any of Jore's hearing. Joe's manager, Stephanie, believes that communication with employees and the recipients of the deliveres is an essential function of the job. Additionally, Joe needs to be able to particiapte in the team meetings, Joe's manager was unsure whether to proceed, so she referred the case to the Weyland-Wutani medical staff. The medical employee took one look at Joe and said no accommodation is possible. When asked why, the doctor said " Joe's deaf" Joe was terminated, and he has now filied a suit for failure to reasonably accommodate.

Thr job description for a Weyland-Yutani delivery driver states that the employee muat be able to maintain a commercial driver's license. Additionally, delivery drivers are expected to take orders from various employees. This is ordinarily done via hand radio. However, Ice has a cell phone capable of receiving text messages and emails that could allow him to take orders. Furthermorw, Joe has offered to carry a pen and papet around so that communication could also be done this way. Joe's deafness had no effect on maintaining his CDL, and the firm expects it would make these accommodations fairly cheaply.

1.Can Joe establish a chaim for failure to reasonably accmmodate disability? Be sure to list the elements of the claim and to show how you reached your conclusion.

2. What mistakes -if any-were mde? How can these be corrected in the future? the second case involves Johnson. Johnson is a flour supervisor in the plant. 55% of the time he is engaged with ordinary production. However, 45% of the time he is engaged with supervising his zone, preparing schedules, and dealing with supervising his zone, preparing schedules, and dealing with personnel disputes. If there is a problem, he is responsible for mobilizing his zone to resolve equitable. He also spends times meeting with his superiors in order to provide reports on efficiency of employees and on any other problems that have arisen. For this, he receives 10% more money than his subordinates. He had earlier been classified as an FSLA exempt employee. Now, he is challenging that designation. Although Weyland has a strict no-overtime policy, Johnson has been showing up to work early to drink a cup of cofee, smoke a cigarette, make sure schedules are prepared, doors are unlocked, and preparing workstations for the day ahead,.He typically arrives an hour early to perform these tasks. Weyland Knew that Johnson was coming in early, and working 45 hours a week.