SHORT ANSWER QUESTIONS

INSTRUCTIONS:

Please answer all 8 questions and provide an explanation or rationale for your answers. Your answers should fully answer the questions and should apply the law to the facts where applicable. Please cite the law used. Please write at least 2 paragraphs for each question.

1. Joe's Bakery advertised in the local newspaper for an assistant baker. Muhammad, a recent honors graduate of the Culinary School of America, applied for the position and was told that the position had been filled, although the position remained open. Muhammad is Muslim and of Middle Eastern descent. The following day and for nine consecutive days, Muhammad saw the ad in the paper. Joe's Bakery employs seven people, including Joe. Do the facts satisfy the requirements for a prima facie case? If so, can Muhammad pursue a claim for discrimination against Joe's Bakery?

2. Frank was an executive chef at a Zagat-rated Philadelphia restaurant for eight years. He often received compliments from his customers and the restaurant's business was booming. In January of 2014, the owner appointed 36-year-old Alice as Frank's supervisor. In March, Alice told Frank that the restaurant was moving in a different direction and wanted to attract more young professionals. In April of 2014, Frank was replaced by a 32-year-old executive chef from New York. Frank was 35 years old at the time he was hired. Can Frank bring a claim under the Age Discrimination in Employment Act?

3. Zac was hired by Hollister, Co. as a greeter in January of 2015. At the time Zac was hired he was 6 feet tall and weighed 180 pounds. In March of 2015, his girlfriend broke up with him. In coping with his breakup Zac gained 30 pounds over the next few months. In June of 2015, Zac was told he was being put on probation and needed to lose weight if he wanted to keep his job. Does Zac have a discrimination claim?

4. The U.S. Mint, a federal agency, produces collectible items such as commemorative coins and medals. Due to thefts, video surveillance was installed on the production line of the Mint. It appears to be Herb, a line employee, dropping medals on the floor and later picking them up and putting them in his pocket while sweeping the workplace. Based on the recording, Mint officials search Herb's locker and find the stolen medals. Can Herb have the search invalidated on the grounds that it was unjustified? Explain your answer.

5. Calvin was working as a mechanic to repair processing equipment at the United Megaworks Company when he fell off a ladder, broke his arm, and was knocked unconscious. Following medical treatment, he returned to the company, which transferred him to an inspector position due to his broken arm. Does United need to make a report to OSHA? Explain.

6. Describe recognized defenses to a claim of age discrimination.

7. Tommy is a cashier at Rick's Sporting Goods, a huge athletic apparel and equipment store. He lost both of his legs while serving in the military. He is able to walk with prosthetics, but it is quite cumbersome. At work, Tommy is allowed to sit at a stool, and thus far he has been able to perform his cashier position successfully.

Earlier this year, Rick's Sporting Goods adopted a company wellness policy that states: "Studies show that people who get in 10,000 steps per day tend to be much healthier than those who barely walk at all! We are therefore discontinuing our practice of allowing employees to utilize Rick's Sporting Goods golf carts to move around our megastores so that our employees can get their steps in!" Tommy says that without the use of a golf cart, it takes him more time and is far more difficult to arrive at his workstation.

He asked that Rick's allow him to keep using a golf cart, but the company denied his request and instead offered to let him use a wheelchair. Tommy does not want to use a wheelchair so as not to attract unwanted attention. Does he have a viable claim against his employer?

8. Michelle works as a paralegal at a major Center City law firm. In April of this year, she was involved in a car accident that left her with terrible back spasms, and she was diagnosed with degenerative disc disease. Her doctor recommended that she not go back to work for six months and told her that sitting at a desk for long periods of time would exacerbate the spasms. Michelle then asked her employer for 24 weeks of leave. Is she entitled to that leave under the law? Explain.