Basis and foundations of business law cases

¶ … workplace harassment exist that are prohibited the Civil Rights Act of 1964, Title VII: quid pro quo actions and the creation of a hostile workplace environment, or hostile environment harassment. This is a clear instance of quid pro quo harassment, nor hostile environment harassment whereby a superior or someone in a position of power threatens to deny a subordinate a promotion, raise, or continued employment, unless the subordinate complies with certain sexual demands. A hostile workplace environment is less clearly defined, but involves the creation of an environment that is intimidating or hostile in nature. In this instance, there was a clear quid pro quo implication that a position would be denied unless the less powerful person bestowed sexual favors upon the individual in the position to hire him.

Question B

The bona fide occupational qualification (BFOQ) exception allows for a limited range of employer exemptions from Equal Opportunity Commission restrictions regarding anti-discrimination policy. For example, a director hiring an actor for a production can stipulate he or she needs individuals of a certain age, gender, race, or body type for the role. The employer must show that being of a particular race, sex, or religion is a necessary requirement for doing the job, only then is employment discrimination is permitted. Merely because a casino wants attractive-looking staff to deal cards does not mean that a male cannot perform the job: airlines were once successfully prosecuted for stipulating appearance and weight restrictions for the flight crew that were not germane to the duties of the job.

Question C

Marlene was not discriminated against because of her religion, and unless she proved the union prohibited Catholics from becoming members, which would be a violation of Title VII. However, she has no anti-discrimination grounds on which to sue given there is no evidence either the union or the casino discriminated against Catholics. She could argue that she was being discriminated as the state of Nevada has 'right to work' laws which prohibit discriminating against employees who are not members of unions or who refuse to become members of unions. Merely being a member of a historically-discriminated against group is not grounds to sue -- there must also be evidence of discrimination.

Question D