Employment Law

Employment Law
Answer the following questions Be sure to use in-text citations when answering the questions below.

1. Source: p. 24, EEOC v. Federal Express, 2008 US App, Lexis 1260 (4th Cir.)

Legally, what is the standard for determining whether punitive damages should be imposed? What is some of the evidence that this standard was met in this case?

2. Source: p. 50 Zheng v Liberty Apparel Co., 355 F. 3d 61 (2d Cir. 2003)From the limited, disputed facts presented, how would you decide the case?

3. Source: Ch. 6 p. 163 Lanier v City of Woodburn
Why does the city have to show that it had a “special need” to drug-test? Why was it unable to do so? (Please do not quote from the case opinion. Write it in your own words and cite the source.)
4. Source: Ch. 6 p. 170 “Just the Facts”
Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire.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?
5. Demonstrate your understanding of the terms by using them correctly. Creativity is encouraged but not required; a realistic scenario would be best. Terms: harassment, severe/pervasive, vicarious liability, affirmative defense, and remedy.

6. In light of workplace bullying and the difficulties plaintiffs face in same-sex harassment cases, would it be better to have anti-harassment statutes aimed at prohibiting unwelcome, offensive, treatment regardless of whether the motive behind the treatment is discriminatory? Explain. (Is it a good idea to “sever” the connection between harassment and discrimination? Why or why not? Would it be possible to achieve?)

 
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