Employment Discrimination & Labor Law

Question #1 (5 points):

Shelly thinks she is the victim of sexual harassment by a co-worker while working at DDS Dental Services.

1. Depending on the facts, list and explain the two types of sexual harassment for which Shelly may have a claim against DDS.
2. What three part test will the court use to determine if DDS, as the employer, may be liable for the co-worker’s behavior.

Question #2 (5 points):

Pear Electronics has been sued for violating Title VII of the Civil Rights Act. Depending on the facts, what are the three general defenses Pear can raise in the litigation? Explain each defense.

Question #3 (5 points):

Jon and Todd want to start a union in Smalltown Manufacturing Inc., the small factory where they work.

1. List and explain the four basic stages the employees will need to follow to get their union recognized as the exclusive bargaining unit for Smalltown’s employees.
2. List what Smalltown, as an employer, is legally able to do to respond; and what they cannot do.

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