Title IV Week 5 Assignment 1 Discussion

Title IV Week 5 Assignment 1 Discussion

Title IV Week 5 Assignment 1 Discussion

Week 5 Assignment 1 Discussion/dq Questions -South University

The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format. Post the answers to both parts in one discussion post and do not attach documents.

Select TWO of the following scenarios and answer the question presented.

Scenario 1

Parcel Express is a business that delivers packages overnight and operates several hubs for aircraft within the United States. Carl Finch, a devout member of the JAWS religion, was hired seven weeks ago to work as a mechanic at the Parcel Express hub in Michigan. The mechanics who work for Parcel Express are represented by the Teamsters Union.For the purpose of this question, assume that the JAWS religion is legally recognized. Since Carl lacks seniority he was assigned to the night shift, which required him to work on Friday nights. Carl’s religion prohibits him from working from dusk on Friday until dusk on Saturday, but he did not mention this during his interview. After Carl was absent on two consecutive Fridays, his manager issued him a written warning. Carl explained that because he was a member of JAWS, Parcel Express was required to let him off work on Fridays. Parcel Express looked into finding a replacement in order to accommodate Carl, but previous experience showed that using temporary employees as mechanics resulted in additional expenses, increased mistakes and lower efficiency. The manager informed Carl that he must work on Friday nights. Carl was terminated after missing work on three additional Friday evenings.
Carl sued Parcel Express, claiming religious discrimination. Parcel Express defended claiming that Carl was fired for excessive absenteeism and not for religious discrimination.

• Is this a case of unfair discrimination?
• How does the union factor into the result?
• Will Carl succeed in his discrimination suit?

Provide specific legal support for each of your answers.

Title IV Week 5 Assignment 1 Discussion

Scenario 2

Holmes Construction Company (Holmes) hired Luke as the Materials Manager. Luke was authorized to enter into contracts to purchase materials for Holmes. On many occasions, Luke contracted to purchase plumbing supplies from FloTec Industries. Because of a downturn in the economy, Holmes terminated Luke’s employment on November 30. On December 9, Luke contacted FloTec to purchase materials on behalf of Holmes; however, Luke provided a new delivery address, accepted delivery and wrongfully kept the materials. FloTec was not aware that Holmes terminated Luke. On December 15, Holmes provided written notice to FloTec Industries that Luke had been terminated.

1. When was Luke’s express authority to act for Holmes effectively terminated?
2. Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
3. Is Holmes obligated to perform the December 9th contract?
4. What should Holmes have done differently?

Please provide specific legal support for each of your responses.

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Scenario 3

Azteca Industries hired virtually all of its employees from Fairview High School, which was primarily Hispanic in its racial makeup. Accordingly, there were virtually no non-Hispanic employees employed by Azteca Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing non-Hispanic individuals questioned the policy, the Director of Human Resources indicated that Fairview High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school.There was no evidence that there was any plan or intention to discriminate against non-Hispanics. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

Please rely upon Title VII and applicable case law to support your responses.