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1. An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?
2. On page 174 of your textbook, read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court decide, and why?
3. A woman from New Jersey is interviewed for a job in marketing. The job is based in Georgia. She has an MBA. The interviewing manager asks her the following questions: Do you have any children? Does your husband help with the child rearing? Do you plan to have more children in the future? Would your family support you moving to Georgia if we need you to? The woman is not hired for the position. A male from Georgia with a bachelor’s degree in public relations is hired. Does the woman have a legitimate argument for sex discrimination? If yes, what does she have to show in order to make a prima facie case of discrimination? What affirmative defense(s), if any, can the employer assert?
4. A 350-pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the most qualified applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is “image conscious” and his weight would “send the wrong message.” He was told to re-apply for employment after losing seventy pounds. The man sued. What should the court decide? Why? (Goodman v. L.A. Weight Loss Centers, 2005 U.S. Dist. LEXIS 1455)
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