Assignment

Question #1

An over-forty employee of the New York Transit Authority is denied a promotion to station supervisor after he refuses to submit to an electrocardiogram (EKG) as part of a physical. The NYTA required the physical, and therefore the EKG's, for all supervisory position candidates who were under forty and who had problematic medical histories, as well all candidates over forty. The NYTA contended that the examination and test were necessary because of the physical demands of the position. It also argued that people over forty have an increased risk of heart disease, hence the EKG requirement. How would you determine whether this employee should be required to undergo the test?

Question#2

Day Care Center has a policy stating that no employee can be over 5' 4" tall because the employer thinks children feel more comfortable with people who are closer to them in size. Does Tiffany, who is 5'7", have a claim? If so, under what theory could she proceed?

Question#3

Fifty-four year old Benjamin worked for Caterpillar, Inc. After a series of management changes and actions that Benjamin claims made him feel undermined, he retired and filed an age discrimination suit against Caterpillar. The individual who took over Bennington's responsibilities was only five years younger than he was at the time. Is this sufficient to show that they treated this individual more favorably as evidence of age discrimination?

Question#4

A police officer who is assigned to a casino, refuses the assignment, claiming his Baptist religion prohibits him from gambling or being around gambling. Is he legitimately able to do so?

Question#5

Cynthia, an employee, requested a two-week leave from her employer to go on a religious pilgrimage. The pilgrimage was not a requirement of her religion, but Cynthia felt it was a "calling from God." Will it violate Title VII if Cynthia's employer does not grant her the leave? Explain.