Cardigan History

CARDWARE is growing by leaps and bounds. It has now opened 10 new stores nationwide under the name "The Sporty One." It has been agreed by the Board of Directors at CARDWARE Inc. that each store shall have a general manager and assistant manager who both were to act as sales persons and one additional sales person. The slogan the store advertises its sports ware with is "You don't have to be an athlete to look and feel like one." The current sports ware that "The Sporty One" carries shows a clothing distribution of 60% for females and 40% of its line is for males. However, it would eventually like for it to be a 50/50 distribution. The Cardigans research has demonstrated that the trend has been more female than male shoppers. Further, following the marketing theory of many high end clothing stores, CARDWARE prefers slender, young employees to work for it, so that the clothing line can keep with the image of being sporty.

Assignment 1:

a) Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?
b) Do not forget to review the company's slogan as given in the above facts.
c) Be sure to discuss Petunia's point of view as well as CARDWARE's position and defenses.
d) Use legal authority to support your position as well.

Assignment 2:

If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah's behavior? If so, under what theory?

a) What defenses might CARDWARE assert?
b) If Hetty Whitestone's estate claims that CARDWARE should be responsible for Hetty's death, will it?
c) What defenses might CARDWARE utilize?