Question 1:

Social media is changing the landscape of hiring and promotion. Some companies are going to candidates’ social media pages (i.e. Twitter, Facebook, and MySpace) and looking at their postings and pictures before making hiring decisions. Some would argue that this can lead to impermissible discrimination by viewing this information. Some might argue that this is a violation of privacy and should not be allowed.

Others would argue that viewing this information is fair game if the person did not opt to make their profile confidential. What is your opinion? Defend your thoughts.

Question 2:

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 questions such as “Do you have any children?”, “Does your husband help with the child rearing?”, “Do you plan on having more children in the future?”, and “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?

Question 3:

On p. 174, read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire.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?

Question 4:

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?

Question 5

A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer’s urine test. The hair follicle test is aimed at identifying people who persistently use drugs over time. The driver also pointed to problems with the employer’s drug tested procedures. Specifically, the drug test was given by a supervisor despite the availability of nonsupervisory employees, the container had been removed from the sealed kit before the driver arrived to be tested, the driver was not instructed to wash his hands at the proper times, access to the collection site for the specimen was not restricted, and the collection container was not kept in full view of the driver during the time between when the specimen was produced and the container was sealed. Did the employer fail to comply with the drug testing procedures required by the Department of Transportation? If so, was it negligent in how it conducted the drug testing. Why, or why not?

Question 6:

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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