1.(TCO A) Alice Jones was employed as a clerk-typist by a company. She requested and was refused a vacation day. The employer's refusal was based on her failure to submit the request at least two weeks in advance as required by company policy. She announced that she would take the day anyway, and when she subsequently failed to report for work, was fired for insubordination, plus the unexcused absence. Jones claimed that the company's real reason for firing her was a complaint that she had made to her state's department of labor concerning elimination of employee rest breaks.
Explain and evaluate the possible causes of action available to Jones, and identify and explain the possible defenses available to Jones’ employer with regard to each cause of action. Integrate case law and statutory support into your response.(Points : 30)
2.(TCO B) Jaro was a disc jockey for MNLO, a radio station in San Francisco. He initially broadcasted in only English. The station program director asked him to use some Spanishstreet phrasesand slang in an effort to attract Hispanic listeners and increase the station's audience. After reviewing the ratings, the station manager concluded that the use of Spanish on the air actually decreased the station audience, because it confused listeners as to the nature of the programming, the rest of which was in English. Jaro was then instructed to broadcast in only English. Jaro continued to use Spanish while on the air and was ultimately fired. He filed a complaint alleging Title VII violations based on national origin discrimination. Explain and analyze the basis for Jaro’s Title VII complaint, and whether it would result in liability on the part of the station. Determine the remedies available to Jaro, if any. Use case law to support your analysis and conclusion.(Points : 30)
3.(TCO C) John worked for Acme as a senior analyst. He suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened a locked drawer in his work desk and found prescription drugs that were not prescribed to John. The supervisor thought that John had been acting a bitstrangely,but decided that he would confront him about it later. The supervisor did not confront John before the heart attack.
After six months, John returned to work on a part-time basis. John worked reduced hours for the next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. John, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. John sued and alleged that he was wrongfully terminated in violation of the ADA. John alleged that his termination was a result of his disability. Identify and analyze the potential claims and defenses. Utilize case law to support your responses and conclusions.(Points : 30)