1. (TCO B) Porter, Co. has recently instituted a policy of promoting only from within its employee pool. For years, the company hired for advanced positions internally and externally. At the time when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of 200 individuals was 80% male and 20% female. The available labor pool of 3,000 qualified individuals from which Porter, Co. might recruit for advanced positions, were it looking outside as well as within, was 50% male and 50% female. Should Porter, Co. have any cause for concern over the legality of the new promotions policy? Explain in detail and support your conclusion with analysis of potential legal liability, suggested revisions, and explanation of possible consequences. (Points : 50)
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2. (TCO H) Myrna, a waitress, complains to her boss that Simon, a frequent customer, has been engaging in what she considers to be sexually harassing behavior. Myrna details Simon’s actions to her boss, requests that Simon be asked to stop, and that she not be required to wait on him in the future. Myrna’s boss, Mickey, the restaurant owner, says he will look into the matter. Wishing to not upset one of his best customers, Mickey puts the matter off for a few weeks, and when he eventually does get around to dealing with it, he tells Simon only that he should go a little easier on Myrna. Mickey does nothing about Myrna’s request to be relieved of any obligations to wait on Simon. There are three waitresses and waiters in the restaurant at all times: two females (Myrna and Brianna) and one male (Myron). Myron and Myrna are constantly dropping trays with food items. Myron has been late to work on several occasions. Myrna is very argumentative with customers. Myrna was fired. Is Mickey in any danger in terms of legal implications? If so, what potential causes of action exist for Myrna and what are the likely outcomes? From a company standpoint, what measures should have been taken by the company to prevent such claims? (Points : 50)
3. (TCO A) Oscar Itoldi works as a janitor in the By-the-Sea nuclear reactor plant, which is privately operated by the Shorelite Energy Company. He has complained for the past three years that strange odors are present on occasion in different areas of the basement, but usually near an exhaust pipe. He notices that he is sick more often and that others have complained of headaches. He also knows that management has cut corners in regards to the proper disposal of hazardous materials. He complains again to his supervisor, but this time he also says that he will contact the proper authorities if the odors are not eliminated, and that he knows all of the ways of getting around the rules. The next day, he is terminated for insubordination. If you were Oscar, under what theory would you challenge your termination? Why? (Points : 50)