1. You feel like you have been discriminated against in the workplace and you file a complaint with the local EEOC office. You are given a right to sue letter and you then file in District Court. You are able to show a prima facie case of discrimination and then the employer defends the case by articulating a legitimate reason for the adverse action against you. What happens next under the McDonnell Douglas burden-shifting and what must you now prove? How can you do that?
2. Your employer offers health coverage to those employed full time. For those under the age of 40, the company covers 100% of the premium, for those between 40-49 75% of the premium, and those over 50 receive 50% of their premium paid. Is this lawful? Why or why not? What if the company offered corner offices with a view for those employees who had been at the company for more than 20 years?
4. Your employer tests all new employees for illicit drug use through urinalysis. Is this lawful? What if they also detected lawfully prescribed and used as directed medications? What if the medications showed that the individual was HIV positive? Could the employer make employment decisions based on this information?
5. What if the employer tested for nicotine and refused to hire anyone who smoked? Would this be lawful?