Human Resource Assistance

 

1. Look up the case (Allen v. totes/Isotoner123 Ohio St. 3d 216 [2009]) on the Internet. Read the following passage. (250 words)

 

A woman worked as a laborer at a manufacturing plant. She had recently given birth to child that she was breastfeeding. Over a two week period after she had returned to work from parental leave, the woman took unauthorized beaks (about 15 min. each) to pump breast milk. Employees in the plant take bathroom breaks throughout the day, although none that long and not on any schedule. The woman was ordered to stop taking breaks and then fired for “failing to follow directions” when she continued to take them. She sues. What should the court decide? Why?
(Allen v. totes/Isotoner, 123 Ohio St. 3d [2009])

 

Please answer the following questions based on the case. Be sure to restate the question in sentence form as a way to start your answer. Which statute(s) form the basis of her claim? What evidence did she present to try to prove her claim and what defense(s) did the employer offer? What did the court decide? Do not quote the case. Explain it in your own words. Do you agree with the court’s decision? Why, or why not. Explain your reasoning.

 

 

 

1. Read the following case: Zheng v Liberty Apparel Co., 355 F. 3d 61 (2d Cir. 2003). From the limited, disputed facts presented, how would you decide the case? (250 words)

    

2. A woman from New Jersey is interviewed for a job in marketing. The Job is based in Georgia. She has an MBA. The interviewing manager asks her questions such as “Do you have any children?”, “Does your husband help with the child rearing?”, “Do you plan on having more children in the future?”, and “Would your family support you moving to Georgia if we need you to?” The woman is not hired for the position (a male from Georgia with a bachelor’s degree in public relations is hired). Does the woman have a legitimate argument for sex discrimination? If yes, what does she have to show in order to make a prima facie case of discrimination? What affirmative defense(s), if any, can the employer assert? (250 words)

    

3. A 350 pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the “most qualified” applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is “image conscious” and his weight would “send the wrong message.” He was told to re-apply for employment after losing seventy pounds. The man sued. What should the court decide? Why? (Goodman v. L.A. Weight Loss Centers, 2005 U.S. Dist. LEXIS 1455) (250 words)

 

 

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Reference:

 

Walsh, D. J. (2013). Employment Law for Human Resource Practice (4th ed.). Mason, OH: South-Western.