1. Can a government employee state a claim for a violation of the constitutional right to privacy when she was required, as a job applicant, to sign an affidavit stating that she had not used tobacco products for one year prior to the application date?
2. A construction company was sued for harassment when it failed to take seriously the complaints about offensive graffiti scrawled on rented portable toilets. The employer defended by saying (1) employees should be used to such rude and crude behavior; (2) the employer did not own or maintain the equipment, which came with graffiti already on it; (3) it took action after a formal employee complaint; and (4) the graffiti insulted everyone. Will the defenses be successful? Why or why not?
3. 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?
4. 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?
5. A prominent black professor takes an unpaid leave of absence to protest the fact that his extremely prominent university has failed to ever hire any black females in tenure-track (regular, permanent) positions on the faculty. When he does not return after two years, he is terminated. He sues the university, alleging constructive discharge, in that the situation created by the school’s policies made it an unlivable situation for him. Is this an effective argument? Explain.
6. An employer is found by a court to have discriminated. As part of an appropriate remedy, employer is ordered to promote one female for every male that is promoted, until the desired goal is met. Male employees who were next in line for promotions sue the employer alleging reverse discrimination in that the new promotees are being hired on the basis of gender, and the suing employees are being harmed because of their gender. Who wins and why?
7. Charlie, the manager, does not like it that Chester wears an earring, and orders Chester to get rid of it or run the risk of termination. Chester refuses. Can Charlie legally terminate Chester?
8. 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.
9. 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?