Employment Discrimination & Labor Law



Review all of the section on prohibited activities under Title VII in Chapter 19.
Shelly thinks she is the victim of sexual harassment while working at DDS Dental Services (which is a chain of
dental clinics). She was the head assistant to the supervising dentist in the clinic. He continually told her that
she would get a raise if she went out with him. He also showered her with intimate gifts from Victoria’s Secret.
After multiple refusals, she was reassigned to do the cleaning for the newest dentist in the office (but she did keep
the gifts).
1. Explain the two types of sexual harassment. Can Shelly prove either or both types? Why or why not?
2. What three-part test will the court use to determine if DDS, as the employer, may be liable for the behavior of
the supervising dentist?
Question #2 (5 points):
Review the section on defenses to charges of discrimination in Chapter 19.
Pear Electronics has been sued for violating Title VII of the Civil Rights Act by three employees.
(1) Fiona, a 45-year-old woman, has sued because she didn’t get a promotion she was expecting. She lost out
to an employee that had been with Pear five years longer.
(2) Jorge, an immigrant from Central America, sued after he interviewed for a job as an electrical engineer. He
had a degree in mechanical engineering but lost out to someone with a degree in electrical engineering.
(3) John, an atheist, sued after being denied a management position. Pear’s chief executive is a devout
Mormon and requires all employees to model these principles and spirituality in their lives.
How would Pear defend each case? Explain each defense and apply the facts. Would Pear win or lose each
Question #3 (5 points):
Review the sections on organizing a union, collective bargaining, and concerted action in Chapter 18.
Jon and Todd want to start a union in Smalltown Manufacturing Inc., the small factory where they work.
1. Identify and explain the four basic stages the employees will need to follow to get their union organized and
recognized as the exclusive bargaining unit for Smalltown’s employees.
2. Identify what Smalltown, as an employer, is legally able to do to respond; and what they cannot do during
the campaign (note this before the union is recognized).
3. Identify one action that Smalltown can and one action that they cannot do during collective bargaining.
4. Identify one action that Smalltown can do in response to concerted action by the employees.


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