Scenario 1: Imagine that you work at a job that you really enjoy. Things have been going well and you hope to be able to advance within the
organization. You are thus shocked when you are called into your boss’s office and told that you are being fired and should leave immediately. The
responses to your questions about why this is happening are met with vague and evasive answers. The more that you think about it now, the more
inclined you are to believe that the real reasons for your termination was sex discrimination. You talked it over with a friend who is an attorney and she
agrees that you might have a good case.

  • If you decided to take legal action against your employer (assume for the moment that there is no mandatory arbitration agreement in place), how
    would you go about doing that? How long would you have to take action? What would cause an employee to take this step? (125 words or more)
  • If you end up suing, how likely is it that your case will actually go to trial? How long do you think it will take to obtain a final outcome in your case? (50
    words or more)

Scenario 2: A waitress at a diner sued for sexual harassment. The employer argued that it had fewer than 15 employees and was thus not subject to
Title VII. Whether the diner had the requisite number of employees depended on whether the two managers in charge of the diner were “employees.”
The diner is owned by a woman who is the sole proprietor. However, she has delegated virtually all responsibility for the operation of the restaurant to
these two managers. Without the owner’s input, the managers decide who to hire and fire, work schedules, work rules, and all of the other operational
decisions of the restaurant. The two managers do not have ownership interests in the restaurant (although one is married to the sole proprietor) or
hold positions as board members (there is no board).

  • Should the two managers be counted as employees? Defend your position. (Castaways Family Diner, 453 F.3d 971 (7th Cir. 2006). (75 words or
    more)
  • In light of the way in which disparate treatment cases are decided, why is it important that employers document the reasons for their employment
    decisions? Develop and consistently adhere to policies? Carefully monitor and review decisions, particularly terminations? Train supervisors? (75
    words or more)

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