Employment Law - 4 Test Questions

Question #1

A group of nurses at Big Town Hospital filed a complaint, charging the hospital with discrimination, and alleged that the hospital had failed to implement changes that were recommended by an outside consultant the hospital hired to make sure that the hospital was complying with applicable employment laws. The outside consultant stated that nursing positions were female-dominated jobs and recommended that job classifications related to nursing positions and compensation in those job classifications be modified so that they were more in line with other positions in the hospital that were not dominated by one gender or the other. The hospital maintains that because nursing positions are generally filed by females, there can be no discrimination of equal pay issue with regard to those positions. Who is right, the nurses who contend that there is sex discrimination and violation of equal pay laws, or the hospital that contends that only males who fill nursing positions can have a claim for sex discrimination and equal pay law violations?

Question #2

Jim works as a first grade teacher in a local public grammar school. All of the other teachers and the principal in the school are female. Some of the teachers make lewd comments about Jim’s appearance and even whistle at him when he walks down the halls at school. Jim has ignored those comments, but he has told the school principal that the comments make him uncomfortable and that he is reluctant to participate in school activities because he is embarrassed by the attention he receives from the other teachers. The principal responded to Jim’s concerns by telling him to lighten up and accept that he is an attractive male in a female world. Evaluate Jim’s situation with respect the sexual harassment, using the six requirements for sexual harassment.

Question #3

Geno’s Restaurant has a dress policy that requires female servers to wear a uniform provided by the restaurant, but male servers are simply told to wear black shirts and blank slacks. The uniforms that are provided to female servers consist of very short skirts and very low-cut blouses. This dress code has been in place for ten years and is very strictly enforced by Geno’s Restaurant. Geno’s Restaurant justifies this policy on the basis that the female server’s uniforms draw customers. Matilda, who has just been hired as a server at Geno’s Restaurant, objects to wearing the uniform and contends that the policy requiring her to wear the uniform is a form of sex discrimination. Is Matilda right? Why, or why not?

Question #4

Sally works as a welder at Heavy Iron Works Company. She is the only female welder in a shop with ten male welders. Teddy is the manager of that shop with Sally and the ten male welders. Sally is continually the subject of comments by many of the male welders in the shop, and many of those welders tell racy jokes so that Sally can hear. Sally has told the male welders in the shop that their comments and actions make her uncomfortable, but the only response that she has gotten from the male welders is that if she does not like it, she should leave. Sally wants to file a sexual harassment claim against her employer. Are there any further actions that she should take before filing that claim that would help her situation or make her case stronger? Is Heavy Iron Works Company going to be liable for the actions of the male welders? What factors will be considered in determining whether there is sexual harassment and/or a hostile work environment?