Employment Law Part a In Term Paper

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Employee files an action for sexual harassment against her Employer.

Employee has a valid claim, although a difficult claim, against Employer for sexual harassment. The reason she has a valid claim is 1) the harassment occurred at work; 2) she formally reported the harassment to her supervisor; 3) the supervisor had knowledge of the harassment and did nothing; and 4) the harassment continued. Because the Employer failed to take the proper steps to stop the harassment, they essentially became the cause of the harassment. Thus, Employee Patsy has a valid claim against her Employer for sexual harassment.

Question Five

Sam is a sixty-five-year-old applicant to drive an ambulance. He is specifically not given the position because of his age. Employer argues that most individual of that age has certain health related characteristics that legitimately exclude them from performing the job as required.

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Sam argues that he was never given an individual evaluation to determine whether his age would prohibit him from performing the job. For this reason, Sam wants to bring an action for age discrimination against the hiring company.

In this case, Employer has a valid affirmative defense against the petitioner's claim in that age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. Employer will be able to show general studies demonstrating that the age limit is reasonably necessary to the essence of the business and that all employees of a certain age are excluded from the….....

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