If you have not done so already, review the Module Overview and Infographics, read the required readings, and watch the lectures/presentations.

These are three short answer questions. Answers can be found in the course materials. 

Please use bullet points if appropriate so your responses are easy to read. 

Do not just copy and paste from the text. I want to know whether you understand the material.

___________________________________________________________________

Question #1 (5 points):

Review all of the section on prohibited activities under Title VII in Chapter 19.

DIY Mart is a global chain of do-it-yourself hardware stores. It prides itself on its sexual harassment program. All DIY Mart employees undergo sexual harassment training annually and there is a detailed complaint process.

Jade is the manager of the plumbing department at their New Town location. Luke is the manager of the lumber department at the same store.  Luke repeatedly asked Jade out on a date. She continually refused. One night as they were closing up, Luke snuck up behind her, pinned her against a display, and kissed her. She told him not to do that again. Luke then started to leave sexually suggestive notes in her department for her to find. Luke did so on five straight shifts. Jade became so distraught that she started seeing a therapist. She also reported the incident to the general manager of the store who reported it to the regional office as was required by the DIY’s complaint procedures.  The story ends with Jade being transferred to the Old Town location and no action being taken against Luke.

1. Explain the two types of sexual harassment. What is required for each type? Can Jade prove either or both types? Why or why not?

2. There is a subheading about Employer Liability in section 19-2a. Review it and answer the following – what test will the court use to determine if DIY Mart, as the employer, may be liable for Luke’s behavior?

Question #2 (5 points):

Review the section on defenses to charges of discrimination in Chapter 19.

Lucky Rooster, a frozen chicken manufacturer based in Arkansas, has been sued for violating Title VII of the Civil Rights Act by three employees.

(1) Simon, a native of the State of California, sued after being denied a management position. Lucky Rooster’s chief executive is from Arkansas and expects all managers to speak with a southern accent in order to fit in better in Arkansas. 

(2) Alejo, an immigrant from the Dominican Republic who graduated from University of Oregon with a Forestry degree, sued after he interviewed for a job as a Manager of Livestock Processing (i.e. the process that makes the chickens into what we see in the freezer). He lost out to Alex who had a degree from the University of Arkansas in Food Science.

(3) Ginger, a 50 year old woman and assistant manager, has sued because she wasn’t promoted to manager. She lost out to Rocky, another assistant manager, who has been with Lucky Rooster ten years longer. The company has never promoted an assistant manager to manager that had less experience than another assistant manager. 

What is Lucky Rooster’s defense in each case? What do they have to prove in order to win? Would Lucky Rooster win or lose each case?

Question #3 (5 points):

Review the sections on organizing a union, collective bargaining, and concerted action in Chapter 18.

Matthew and Mary want to start a union at TRIO Distribution Inc.

1. Identify and explain the four basic stages the employees will need to follow to get their union organized for TRIO’s employees. As part of your answer, include the following information:

• For the first stage what the employers can do AND not do during this stage AND what the employees can do AND not do during this stage.
• For the second stage, what are the organizers seeking to collect.
• For the third stage, what is the applicable percentage and what needs to be identified.
• For the fourth stage, what is the applicable percentage.

2. Identify one action that TRIO can do AND one action that they cannot do during collective bargaining.

4. Identify one action that TRIO can do in response to a concerted action by the employees.

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