ABC science, concerned about higher and higher health care costs has decided to implement the following changes in their employment relationships with ABC employees:

Question

1. Employees must stop using tobacco products and the company will immediately prohibit on site use of tobacco and will give employees 18 months to "kick their habit" or be dropped from the company's health plan. ABC will pay for a program to stop smoking etc.

2. Employees must meet Federal guidelines for healthy height to weight body fat within 18 months. ABC will provide a gym, nutrition counseling and peer group counseling to assist employees to get within the guidelines. This policy will also have the same consequence as the tobacco policy; employees who do not comply will be dropped from the company health plan.

Write a legal memo outlining the potential causes of action that an employee may have against ABC. What are the strengths and weaknesses of each of the different causes of action? In your opinion; what is the probable outcome of each cause of action? Use Federal and California law in crafting your paper.

Sue works in a warehouse and operates a fork lift. She is one of three women who work in the warehouse, but the only one who operates equipment. Gary, a co-worker; likes to tell jokes and does not limit his topics. She loves his ethnic jokes and sexual themed jokes with the exception of jokes that make fun of women who are mentally challenged (Sue has a disabled daughter). Barbara who works in the office does not like Gary's religious themed jokes and avoids being around him, although when she hears one of his jokes she joins in and laughs. One day Gary tells a sexual joke that also pokes fun at the Chargers and Sue not only gets mad (she is a big Charger fan); she files a sexual harassment claim with H.R. You get to investigate the complaint. Rob, the supervisor, in order to separate Sue and Gary transfers Sue to the night shift which causes her to have significant child care issues with her mentally challenged daughter's care.

What issues can you identify and what advice will you give the company regarding this sudden breakdown in worker relationships? Cite case law that supports your discussion.

A male customer of a sports bar has taken a particular liking to one of the waitresses and always asks to be seated at her station so that she will wait on him. He has spoken to the manager of the bar and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for sexual harassment using the Supreme Court's test for a hostile work environment what will the court most likely rule? Be specific; tell me what the test is and how the facts will fit the test. Also, what advice would you give to the employer prior to these events to establish a possible affirmative defense to her law suit? Again be specific and cite the Supreme Court cases that established the defense.

Answer 1

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