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ACME Hospital is hiring a new emergency room nurse and Carl, the caregiver applies for the position. An official of the hospital contacts Carl and tells him that the hospital will only hire a female for the position since it believes patients with critical injuries prefer the nursing care of a female. What is a BFOQ and will it allow ACME hospital to lawfully exclude male applicants for the position of emergency room nurse?
Eddie employee witnesses ACME Co. management dumping toxic waste into a stream near the ACME Co. facility. Eddie contacts the Environmental Protection Agency and reports what he saw. The EPA investigates and fines ACME Co. for the toxic release. ACME’s president terminates Eddie after learning that Eddie had report the release to the EPA. Could Eddie successfully sue ACME for wrongful discharge? If so, under what theory?
Cecilia is a 14-year old freshman at United High School. She works from 2pm to 10pm three days a week. In order to get to work on time she leaves school early missing her last class. Her last class rotates each day so no one really notices. Is this permissible? Explain what law either allow or prohibits this behavior, and why.
ACME Co. has provided a defined benefit retirement plan for its employees for many years and is now considering changing to a defined contribution plan. The employees are confused about the difference between a defined benefit plan and a defined contribution plan. You are ACME’s HR director. Please explain to the employees the difference between the two types of plans.
National origin discrimination is prohibited against a job applicant or employee. Besides discriminating against the job applicant or employee directly, how else might national origin discrimination occur so that the job applicant or employee would have a claim?
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