10 May ARE THERE STATE DISCRIMINATION LAWS THAT APPLY?
BHR 3565 – Employment LawModule VQuestion 1 1.Maria worked for BigBusiness Inc. and qualified for FMLA leave. Her husband George suffered fromserious medical conditions and Maria looked after him transporting him tomedical appointments cooking for him giving him his medications helping himmove about and providing psychological support for him. Big Business hadconsistently approved FMLA leave requests for Maria of one or two days when shehad to do something to assist George. On May 10 Maria requested FLMA leavefrom June 15 to July1 to assist George in traveling though she did not specifythe reason for the travel. The reason for the travel was to make a pilgrimageto a religious site that was thought to provide healing powers. George did notreceive any recognized medical treatment during that pilgrimage though Mariadid assist him in moving around and in giving him his medications.On June 1 when Big Business requested certification from George’s doctors thathe would receive necessary medical treatment during his travels George’sdoctors responded on June 16 that they were not scheduled to provide anymedical treatment to George between June 15 and July 1 and that they had noinformation that George would receive any medical treatment during his travels.Big Business attempted to call Maria on June 16 when they received theinformation from the doctors to tell her that the FMLA leave request was notgranted but they were not able to reach Maria since she and George had alreadyleft on the pilgrimage.Since the FMLA leave was not granted and since Maria was absent from work fromJune 15 to July 1 Big Business terminated her. Was Maria entitled to the FMLAleave that she requested? Did Big Business violate Maria’s rights interminating her?Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused including the textbook must be referenced; paraphrased and quotedmaterial must have accompanying citations.Question 21.Leo a biologicallymale employee of Delta Dismantlers Inc. an auto salvage yard in California planned to have a gender reassignment surgery but was terminated by hisemployer for wearing feminine attire after being told that the attire violatedthe company dress code. Leo wants to sue Delta Dismantlers for wrongfullydischarging him. Are there federal discrimination laws that apply? Are there state discrimination laws that apply? Are there other laws that apply that might provide Leo with a cause of action?Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused including the textbook must be referenced; paraphrased and quotedmaterial must have accompanying citations.Question 31.Bill and Tom arepartners and live in Hawaii. Bill works for Hawaii Food Service Inc. whichprovides food to the major airlines flying into Hawaii. Bill is the firstemployee of Hawaii Food Service to approach his employer about covering hispartner Tom under Bill’s health insurance plan that is offered by Hawaii FoodServices to its employees and their dependents. Never being faced with thequestion of whether a same-sex partner is a “dependent ” eligible for coverageunder the company’s health insurance plan Hawaii Food Service asks you anemployment expert what they should do. Should they expand the health insurancepolicy coverage to include same-sex partners as dependents? Are there any lawsthat require them to expand the coverage or that prohibit them from expandingthe coverage?Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused including the textbook must be referenced; paraphrased and quotedmaterial must have accompanying citations.Question 41.Liz was a securitiesanalyst at a major New York City investment bank. She had been a securitiesanalyst at that bank for five years and had received satisfactory jobevaluations so when a position as chief securities analyst came available sheapplied for the job. At about the time she applied for the job she discoveredthat she was pregnant. She interviewed for the chief securities analystposition but another applicant a female who had also worked as a securitiesanalyst and who had received satisfactory job evaluations but who was notpregnant was given the job. When Liz asked the department head who made thehiring decision why she had not gotten the job he responded:”It didn’t bother me at all that you arepregnant. But whether or not you are going to be able to spend the time toactually perform the job and to be a mom and do all that we factored that in sure. We were concerned about that.”Are those legitimate concerns? Did the investment bank act properly? Were anylaws violated? If so what laws?Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused including the textbook must be referenced; paraphrased and quotedmaterial must have accompanying citations
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