Provide the rule of law raised by the issue in each question, apply the elements of the law to the facts in the scenario, and conclude with an answer to the question asked. Answer the questions with responses of at least 200 to 250 words.
Scenario 1:
Patricia began working for Encyclopedia Britannica as a part-times sales representative in 1986. Her position required selling Encyclopedia Britannica's educational products. Until 1999, she worked as a part-times sales representative and then a district manager for Encyclopedia Britannica. In 1999, Encyclopedia Britannica decided to separate the parent division from the school and library division and reorganize its sales force by "outsourcing:" contracting with individual "regional directors" who would in turn contract with individual sales representatives. The same people who had worked for Encyclopedia Britannica under the previous arrangement filled many of the positions under the new structure, in which branch managers became separately incorporated regional directors and district managers while sales representatives took positions with the newly formed companies.
Patricia signed a contract with Sam, a former Encyclopedia Britannica branch manager who had formed her own corporation and gathered a sales force comprised largely of former Encyclopedia Britannica sales representatives. Patricia eventually became a territory coordinator, a position slightly above sales representative but still reporting to Sam. In 2001, Patricia was told that she was losing her territory and would no longer be selling Encyclopedia Britannica products. Patricia sued Encyclopedia Britannica, claiming that the loss of her territory was effectively a termination. Was her suit successful, i.e., was Patricia an employee or an independent contractor? Why?
Scenario 2:
At the end of all her written communications, an employee writes, "have a blessed day." One of employer's most important clients requests that employee not do so, and employer asks employee to stop. Employee refuses, saying it is a part of her religion. If employee sues the employer for religious discrimination, then is she likely to win? Why or why not?
Scenario 3:
Answer two of the following questions:
a. Can race or gender be the only factor in an employment decision?
b. If race or gender can be the only factor in an employment decision, how long can it be a factor?
c. What is the difference between an affirmative action goal and a quota, or is there one?
d. What is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?
Scenario 4:
During the interview Jean had with Marcus Accounting Firm, Jean was asked whether she had any children, whether she planned to have any more children, to what church she belonged and what her husband did for a living. Are these questions illegal? Why or why not?
Scenario 5:
David comes into the office and says to Sue: "Good morning! You look great today! Oops, I'd better not say that. That's sexual harassment." Is David correct? Explain.