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Question: Maureen brings her same-gender partner of


Maureen brings her same-gender partner of 14 years to a company picnic. One of the other employees begins treating Maureen poorly at work after realizing she is a lesbian. Does Maureen have any recourse?


> 1. When a hotel’s room revenue forecasts are consistently and unrealistically too low they A. result in under-aggressive room rate determinations and rates that are set too low. B. cause unrealistic high profit expectations by the hotel’s owners C. produ

> 1. Which operation would be most likely to experience a seasonal sales trend? A. Ski resort B. Downtown business hotel C. Suburban business hotel D. Select-service highway hotel 2. Which is the foundation of an accurate hotel sales forecast? A. Sales hi

> Andrea Wasserman knows her business, but she often wonders if anyone else really does. Andrea owns and operates a successful catering company. Each catered event she manages is unique. Her company enjoys an excellent reputation because of Andrea’s attent

> 1. If a hospitality operation’s sales are too low, total revenue A. may be insufficient to cover fixed and variable costs. B. will cover fixed, but not variable costs. C. will cover variable, but not fixed costs. D. may create profits, but may still not

> 1. Which is the opposite of incurring an expense? A. Incurring an opportunity cost B. Incurring a fixed cost C. Incurring a mixed cost D. Incurring a step cost 2. When they are calculated as a percentage of sales, a hospitality operation’s costs are A.

> 1. A restaurant pays its website developer a monthly fee for hosting and maintaining its web presence. The monthly fee charged by the developer is $400, plus $0.003 per site click. What would be the restaurant’s total cost for last month if 24,000 intern

> 1. At any specified level of revenue, A. the lower a business’s costs, the greater are its profits. B. the lower a business’s costs, the lower are its profits. C. the greater a business’s costs, the greater are its profits. D. a business’s costs will ha

> 1. A hotel had a GOP of $125,000 this accounting period and a GOP of $100,000 the previous accounting period. Total revenue was $300,000 the previous period and $350,000 this period. What was this hotel’s flow through? A. 50% B. 55% C. 60% D. 45%9 2. F

> 1. In which industry did the yield management concept originate? A. Airline B. Car rental C. Hotel D. Restaurant   2. A hotel has 200 rooms available for sale. The hotel’s rack rate is $175 per room. Last night the hotel sold 140 rooms at rack rate. Wha

> 1. In the short run, when room supply is held constant A. a decrease in demand for rooms typically leads to a decreased selling price. B. a decrease in demand for rooms typically leads to an increase in selling price. C. an increase in demand for rooms t

> Jennifer Norton is the Registered Dietitian (R.D.) responsible for all dietary services at City Memorial Hospital. Her operation consists of two departments. The first, and largest, is patient feeding. It consists of the tray line staff and the majority

> “We just don’t have the money,” said Bill, the controller for the 400‐room Lafayette Square hotel. Bill was attending the meeting of the hotel’s Executive Operating Committee and he was informing Wendy, the hotel’s general manager, and the other EOC memb

> It had been an exhausting two weeks, but JoAnna Taubman was very pleased with the way her hotel staff had performed. From tornado watch, to warning, to the too close for comfort sighting of a tornado that had missed her full‐service hotel by only two mil

> Larry and Mary are two hotel managers who operate franchised select‐service hotels in neighboring cities. While attending their franchisor’s annual general managers’ meeting, they struck up a conversation over lunch. “Well,” said Larry, “we had a really

> In 2008, the New York Department of Labor suspected that its director of staff and organizational development, Michael Cunningham, had been skipping work and filing false time sheets to conceal his absences. The Office of Inspector General (OIG) was brou

> During her employment with Verizon, Sandi Lazette was issued a company-owned Blackberry device, which she was allowed to use for personal, as well as professional, business. When Lazette left Verizon in October of 2010, she attempted to delete her person

> Stevon Anzaldua was a full-time paramedic and firefighter. The Fire District suspended Anzaldua for allegedly failing to respond to a directive issued by the Chief. Shortly thereafter, Anzaldua emailed a newspaper reporter expressing concerns about the F

> 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?

> The Department of Homeland Security rejected an employee’s application to transfer to a position as a detention enforcement officer on the ground that he had limited vision in one eye because of an earlier injury. His request for an eye re-examination wa

> Lucia Enica, who worked as a nurse for the Department of Veterans Affairs, suffered from poliomyelitis, which causes her to limp and prevents her from lifting heavy objects. The VA hospital where she worked accommodated her disability by placing a weight

> A Vietnam War veteran diagnosed with post-traumatic stress disorder was employed at the post office. After missing significant time at work for depression related to the PTSD, he requested an accommodation. The post office refused the request on the grou

> In 2007, Melissa Pennington had worked as a food truck operator at Churchill Downs for 10 years, employed by Wagner’s Pharmacy, Inc. Pennington weighed 425 pounds and was 5’4” tall. She suffered from diabetes, which caused pronounced dark circles under h

> Marcus is the HR manager for United Airlines, an Illinois-based company. One of his employees has recently become disabled and is unable to fulfill the essential functions of his current position, even with accommodations. The employee has applied for an

> Squibb was a nurse who had suffered three back injuries over a seven-year period while lifting patients in her work. She was placed on light-duty, followed by an administrative leave. Following the leave, her doctor imposed a lifting restriction of 25-30

> 1. What were Price Waterhouse’s fatal flaws? 2. Does Hopkins’ treatment here make good business sense? Explain. 3. How would you avoid the problem in this case?

> Terri Kallail, a Type I insulin-dependent diabetic, worked at an Alliant Energy distribution dispatch center, where she monitored the distribution of electricity, gas, and steam throughout a service area and handled outages and other emergency situations

> A dispatcher suffered from multiple sclerosis, which caused, among other things, caused incontinence and coordination difficulties. After having bowel accidents at work, the dispatcher was subjected to ridicule, which included name-calling, the posting o

> The employer hired Kristy Sones, a registered nurse, to work as a Field Nurse in Picayune, Mississippi in 2006. Field nurses provide home health care to patients and Sones estimated that she spent “probably a couple hours” traveling to see six to eight p

> Eugene Stansberry managed Air Wisconsin’s operations at the Kalamazoo Airport from 1999 until 2007, when he was terminated. His wife suffered from a rare autoimmune disorder throughout his employment period. Between February and May of 2007, Stansberry f

> The ADEA prohibits an employer from firing an employee for being old. However, in the wake of the Gross decision, can an employee be fired for being “old and ugly”? Though the question may sound frivolous, an Oklahoma property management company made pre

> 8. Leroy Arthur Hilde, age 51 and retirement-eligible, claims that the City of Eveleth violated the ADEA when it failed to promote him to Chief of Police. Hilde, who had been on the force for 29 years, was the city’s only Lieutenant and the second-highes

> For more than a decade Addiel Soto–Felician worked in the kitchen at the Villa Cofresí Hotel, a beachfront, family-run establishment in Rincón, Puerto Rico. By January of 2010, Soto had become the hotel's head chef. However, by March he had been fired. J

> Carol Lorenz was employed by Tyson Foods, Inc. in Cherokee, Iowa, from October 1985 until December 6, 2012, when her employment was terminated. She was 62 years old at the time of her discharge. Tyson acknowledges that Lorenz performed her job duties com

> The oil company Exxon Mobil Corp. employs 27 pilots to fly its fleet of corporate planes. In 1999, Exxon Mobil instituted a company-wide policy requiring that its pilots retire at the age of 60. In 2006, the EEOC filed a complaint against Exxon on behalf

> In 2004, Lanita Thomas quit her job with United Airlines to work for Clay Lacy Aviation as a personal flight attendant on the Gulf Stream jet owned by retired NBA player Earvin “Magic” Johnson. Thomas says she worked an average of 10 to 12 hours per day,

> 1. What purpose did the height and weight requirements serve? Do you think they were made to intentionally discriminate against women? 2. How could management have avoided this outcome? 3. Does your view of illegal discrimination change now that you have

> Employee police officer, a Jehovah Witness whose religion does not allow carrying weapons or celebration of Christmas, refuses to go through weapons training or to oversee a Christmas party for his job. Can he refuse to do these things and keep his job?

> 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?

> A Michigan Holiday Inn fired a pregnant employee because the “very Christian” staff members were very upset by her talk of having an abortion. Has the employer violated Title VII?

> Cynthia 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 t

> A Baptist-run home for troubled youngsters terminates an employee for being a lesbian. Can it do so? How about terminating a practicing Nazarite from Taco Bell whose religious beliefs do not allow the cutting of hair? Does it matter if the employee had w

> Employer instituted a religious program in the workplace called “Onionhead” to “harness happiness” of employees. Among other things, employees were required to say “I love you,” to share messages about heaven and Satan and burn candles to keep the devil

> A male firefighter is diagnosed with gender dysphoria seven years after coming onto the force and having no negative incidents with co-workers. As he begins to exhibit a more feminine demeanor, he begins to have administrative troubles, which he attribut

> A female employee and her (now) spouse are hired as elementary teachers and receive the highest level evaluation for the year. At the end of the school year, the principal calls the two into her office with both their résumés on the desk and says she not

> Employee sues employer, saying that he is being sexually harassed by gay males, who only harass young male employees. Does he have a cause of action?

> 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 terminate Chester?

> 1. The court determines that Kristi was fired based on Javier’s status as an undocumented immigrant, not his Mexican nationality. Do you agree that termination based upon the citizenship status (“alienage”) of a worker’s spouse is less unethical or wrong

> As a manager, an employee comes to you and tells you that he has a hunch that one of the other employees is probably gay. What do you do?

> When the FBI learns that Mary, its FBI agent, is a lesbian, Mary is fired. Mary goes to an attorney to find out about the possibility of suing to get her job back. What does the attorney likely tell her?

> Employee, a skydiving instructor, generally informs his customers that he is gay so that his female customers will not feel awkward when he is strapped to them. A female’s husband called the company and complained about employee doing this and employee i

> Trudy comes to Pat, her supervisor, and tells her that Jack has been sexually harassing her by making suggestive remarks, comments, and jokes; constantly asking her for dates; and using every available opportunity to touch her. Pat has been friends with

> An employer decides to shut down one of its three plants because the employees at that plant are almost exclusively women. The males who worked at the plant and lost their jobs as a result of the closing wish to sue for gender discrimination under Title

> A female employee is terminated for slapping a male employee. The male employee is not disciplined. Is this gender discrimination? Do you know all you need to know?

> A power company began employing women as meter readers, and the job classification went from all-male to all-female within a few years. The labor union that represented bargaining-unit employees negotiated a new collective bargaining agreement that froze

> A cable company closed its door-to-door sales department and released all employees of that department after settling a discrimination complaint by one of the department’s employees. The employee’s mother, sister, and two close friends also had been empl

> A female police officer becomes pregnant and, after a scuffle with an arrestee, is told by her doctor to request a light-duty assignment. The police department says it has no such positions available and that the officer must take leave until she can ret

> An accounts receivable supervisor was laid off by her employer after taking an extended disability leave for pregnancy. She claimed that the employer discriminated against her on the basis of gender and ability to bear children, stating that two male emp

> An employer had only one promotion to give, but he was torn between giving it to the single female and the male who had a family, and the employer thought, most needed and could best use the money. He finally decided to give the promotion to the male and

> Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or Muslim workers from going on floors occupied by a delegat

> Latinx managers of a Florida-based tomato growing, packing, and distributing company harassed and intimidated Haitian production workers. When the Haitians complained about their treatment, the managers retaliated against them. Do the national origin ant

> Maria Cardenas, a Latina woman worked for Aramark as a housekeeper at McCormick Place convention center for over 20 years. It was a long-standing rule for employees that they could not remove any items from a trade show for personal use, even if an exhib

> A white, non-Latino meat cutter was fired by his supermarket employer and replaced with a Latino worker for reasons he believes were racially motivated. Can he sue the company for national origin discrimination? Is it possible to commit national origin d

> Wali Telwar, a practicing Muslim, applied for extended vacation time, using earned vacation hours, to make a pilgrimage to Mecca as required by his faith. His employer, Southern Hills Medical Center, refused to grant his request for extended leave and in

> Mamdouh El-Hakem was employed by BJY, Inc. for more than a year. His manager repeatedly called Mamdouh, an Arabic employee, “Manny” or “Hank,” instead of his given name. His manager explained that he believed that Mamdouh would have a better opportunity

> In 2006, the management of Delano Regional Medical Center held a mandatory meeting for Filipino-American employees regarding the hospital’s English-only policy, which required employees to speak in English except when speaking to a patient who had other

> A pipefitter in a Chrysler assembly plant, a Cuban-born Jew, was subjected from his co-workers to hate graffiti on his locker, such as “Heil Hitler,” and other harassment, such as slashed car tires. Can he recover damages for national origin discriminati

> 1. Do you agree with the court’s decision? Why or why not? 2. How would you have handled this matter if you were the manager? 3. What do you think of Keller’s remarks about Vaughn becoming the “black matriarch” of Texaco; “meeting behind closed doors,” a

> Leon’s Frozen Custard, a locally-owned custard shop in Milwaukee, has an English-only policy that requires employees to speak only English while they are working. This includes when they speak to customers, regardless of the language spoken by the custom

> A nursing home instituted an English-only policy for its employees. Latino employees were disciplined for violating the policy. Is the policy void on its face, or are some English-only policies acceptable under the law? Does the policy’s legality depend

> Which, if any, of the following scenarios would support an employee’s claim of discrimination on the basis of national origin? a) Applicant with a speech impediment is unable to pronounce the letter “r”. The applicant therefore often has difficulty being

> Five white and one black canine unit officers sued for race discrimination when the operating procedures for their unit were drastically changed, they alleged, because the unit was “too white.” Can the black officer bring suit even for race discriminatio

> Bennie’s Restaurant chain routinely hires Hispanics, but it only assigns them to the lower-paying jobs as kitchen help, rather than as higher-paid servers, salad bar helpers or managers. Bennie’s says it does not discriminate because it has many Hispanic

> A black female employee is told that she cannot come to work with her hair in decorative braids traditionally worn in Africa, and if she continues to do so, she will be terminated. Does the employee have a claim under Title VII?

> A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small RH in the corner of black applicants’ applications. “RH,” she says, i

> Sam has worked at Allied for several years with no problems. Avril is transferred into Sam’s unit. Sam immediately begins having a strong allergic reaction to the perfume Avril wears each day. After having to take days off work because of his allergies,

> A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the basis that it is a legitimate decision because white firefighters would no

> What is the difference between an affirmative action goal and a quota? Is there a difference? Explain.

> 1. What do you think of the court’s quote from the Budinsky case about classification of race being stupid and inaccurate? Explain 2. Do you think it matters whether someone’s category is called “race” vs. “ethnicity”? Explain.

> If race or gender can be the only factor in an employment decision, how long can it be a factor?

> Can race or gender be the only factor in an employment decision? Explain.

> Can affirmative action be used to benefit those who did not actually experience discrimination? Discuss.

> Must such discrimination have been committed by the employer or can the discrimination have been committed by society in general? Explain.

> If so, may it only be used to remedy identified past discrimination? Discuss.

> Anne is employed by Cory Contracting Company. Cory has a $1.3 million contract to build a small group of outbuildings in a national park. Anne alleges that Cory Contracting has discriminated against her, in that she has not been promoted to skilled craft

> What is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?

> 1. Do you agree with the court that IAB’s involvement constituted retaliation? Why or why not? 2. To what extent did the police department culture play a role in this decision? 3. What steps could the police department have taken to prevent these actions

> 1. Did the employer seem to intentionally violate the law? Explain. 2. What do you think would motivate an employer to prefer to deal directly with an employee participation group rather than a union? 3. Do you think it’s harmful to put the employer on “

> 1. Why do you think the employer refused to rehire the strikers after they gave an unconditional promise to return? 2. Do you think it is fair that employees striking because of an unfair labor practice are entitled to reinstatement? Explain. 3. Do you t

> 1. An approved drug-use test must be conducted within reasonable parameters. In Capua the court determined that a urine collection process may not be reasonable if “done under close surveillance of a government representative [as it] is likely to be a ve

> 3. Do you think the court made the right decision in this case? Explain. 2. Given that there is a statutory duty to bargain in good faith, why do you think management chose to do what it did? 3. Given how strict the final order to bargain was on manageme

> 1. Why do you think it was necessary to dissolve the relationship between criminal conspiracy and the labor movement? What was the relationship given between criminal acts and employees’ rights to control their environment at work? 2. Why do you think th

> 1. The Supreme Court and the Ninth Circuit reached different conclusions on the issue of the proper scope of the search. Which one do you think is the better approach? Why? 2. Both courts agreed that Quon did not have a reasonable expectation of privacy

> 1. In your opinion, does the Ninth Circuit’s conclusion that Roe’s activities were protected by the First Amendment have merit? 2. Where do you think the line would have been drawn on Roe’s free speech rights by the Supreme Court had he not tied his act

> 1. Should Best Formed Plastics’ motion to dismiss have been granted? Why or why not? 2. If Ms. Stewart had only two Facebook friends who could see her post and they were Mr. Shoun and Mr. Shoun’s boss—who had already signed off on his medical leave and w

> 1. These conditions likely would not have been covered by the ADA before the 2008 amendments. Thus, if the discrimination had occurred before 2008, the ADAAA would not apply and Gogos may have been out of luck. 2. Does it matter whether Gogos’s conditio

> 1. Are you more persuaded by the analysis of the Tenth Circuit or the Seventh and Eighth (current case)? 2. Does this case represent a clear win for the employer? What guidance would you give an employer after the holding in this case? What policies migh

> 1. Is predictable attendance an essential job function of Harris’ position? Does Harris have a claim for relief under the ADA? 2. Do you believe the employer made a good-faith effort to reasonably accommodate the employee? Can you imagine a reasonable a

> 1. Under the direct method, what did Ferrari need to show to establish a disability under the ADA? Was he successful? Why or Why not? 2. What must Ferrari establish to succeed under the indirect method? Is Ferrari able to establish a prima facie case o

> 1. Do you think that the fact that an attorney was consulted before the acceptance of the offer would be relevant to determine whether the waiver was knowing and voluntary? 2. As an employer, what should you do to ensure the waiver an individual will be

> 1. How does the Court determine that Coats’ employment was lawfully terminated, despite the fact that medical marijuana use is permitted under Colorado law? Does it matter that the federal government is turning a blind eye to individuals who use medical

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