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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 positions with Cory because it thinks that it is inappropriate for women to be in skilled craft positions and that most of the male skilled craft workers are very much against having women in such positions. Knowing that Bradley Cory Contracting has a contract with the federal government, Anne brings suit against Bradley Cory under Executive Order 11246 for gender discrimination.
• Will she be successful?• Why or why not?
A Pentecostal nurse claims she was constructively discharged after refusing, because of her religious beliefs, to assist in medical procedures she considered to be abortions. She was initially transferred from labor and delivery to the newborn intensive care unit. Employee found this unacceptable because she says she would once again be forced to refuse tasks that involved allowing infants to die. The hospital invited employee to meet with human resources and to investigate available position, but she refused. Employee says the duty to assist in an accommodation never arose because a transfer to any other department is not a viable option since it required her to give up her eight years of specialized training and education and undertake retraining. Employee is terminated and sues for religious discrimination. Does she win? Explain. [Shelton v. University of Medicine & Dentistry of New Jersey, 2000 U.S. App. LEXIS 19099 (3d Cir. 2000).
Question # 3
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, often catering to Johnson’s very particular preflight requests, such as squeezing the plane’s stock of Red Vine licorice regularly to ensure that it was soft. Thomas, who was over 40, took time off due to an injury in 2010 and was temporarily replaced by a “substantially younger” flight attendant. When she returned to work, she alleges that Johnson’s demeanor was “less cordial” and “more standoffish and dismissive” for several months. According to Thomas, on September 6, 2010, she arrived at the plane seven minutes late, after being delayed at a deli where she was purchasing specialty food items requested by Johnson. Two weeks later, Johnson fired her for being late to the September 6th flight. Thomas alleges that Johnson immediately hired the younger flight attendant who had replaced her earlier in the year, and points to this action as evidence that the “tardiness” argument was a pretext for age discrimination. In October 2012, she filed suit against Magic Johnson Entertainment and Clay Lacy Aviation for several charges, including age discrimination and wrongful termination.
If you were the judge in this case, would you find that Thomas has sufficient evidence of discrimination for her claim to survive summary judgment and reach trial?
(Case #BC494347, filed with the Central District of the Los Angeles Superior Court)
Union’s…. Do they Help or Hurt Employees?