1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable …show more content…
Though Phil brings clients to this restaurant frequently, this by no means makes him an employer of Shaun. That would make an unreasonable burden on everyone who encounters a waiter or waitress since the customers could now be considered that person's employer. Phil does not pay employment taxes for Shaun nor places her on his payroll, and any tips he has left have been for her services and do not constitute any kind of salary. Also, Phil's office may contain less than 15 employees and not even under the realm of Title VII. No, Shaun needs to chase her employer, not Phil, the customer. Again, Shaun should investigate local ordinances and state laws to see what is out there to use against Phil.
3. Pugh worked for See's Candies, Inc. for 32 years. He had started out as a dishwasher, worked his way up to vice president of production, and was also on the Board of Directors. When he was hired, he was told by the president and general manager, "If you are loyal and do a good job, your future is secure." The president had a policy of only terminating employees for good cause, and that policy was continued by his successor. During the entire period of Pugh's employment, his performance had never been formally evaluated or criticized, and he was never denied a raise or bonus. After the company had set sales records for the Christmas and Valentine's Day seasons, Pugh was called into the president's office and told that he was fired. He was not given a