FINAL EXAMINATION
EMPLOYMENT DISCRIMINATION LAW 832
PROFESSOR YAMAUCHI
MAY 5, 2006
INSTRUCTIONS
1.
You have two
and a half (2 ½) hours to complete both parts of this exam. You may allocate your time as you wish.
2.
This is an open
book exam. You may use your assigned
textbook, class notes and information discussed during class, however please
refrain from “borrowing” from any materials written by others. I am testing your personal knowledge and
analytical skills based on your reading of the text and our class
discussions. I also will evaluate and
grade you on your ability to write concise, logical and thoughtful responses to
the questions.
3.
There are two
parts to this exam, the sum of which totals 60 points:
PART
ONE consists of two essay questions
numbered 1 and 2 that are valued at 15 points each. The recommended time to answer each question
is 45 minutes.
PART
TWO consists of three short answer
questions numbered 3, 4 and 5 valued at 10 points
each. The recommended time for each short
question is 20 minutes.
If
you are using blue books, please write clearly and legibly. Illegible essays will not be graded. Write on every other line and every other
page to permit instructor comments. If
you are using exam software, be sure to frequently save to the diskette.
4.
Write your exam
number on your exam envelope, at the top of this page and each page of
questions, and each blue book. Do not
use your name, student ID number or Social Security Number on any exam
materials.
5.
At the conclusion
of the exam, return all exam materials to the exam envelope and submit it to
the proctor. Do not seal the envelope. Failure to return this exam with all its
pages intact will result in a failing grade.
Good luck!
PART I
Essay Question #1
20 POINTS
In
1990, Jason Mead was hired by Chase Corporation to work at its four-wheel drive
tractor plant. He operated a forklift
and other machines several times a day.
In 1995, Mead was diagnosed with multiple sclerosis (MS). MS is a common disorder of the central nervous
system, causing sclerosis in the brain and spinal chord. Typical symptoms include visual loss,
weakness, partial paralysis, and bladder abnormalities. The disease is progressive and there is no
known cure.
In
January 2003, Mead began to suffer from weakness in his lower right leg, which
caused him to walk slowly. His condition
started to worsen in 2003. His
supervisor became concerned about his ability to move quickly to avoid falling
objects at the plant (a common event) and his ability to safely operate a
forklift. Mead gave Chase permission to
speak with his doctors about his condition.
Mead’s physicians were also concerned about his inability to move
quickly. In March 2003, Mead agreed to
be transferred to a machinist position which did not require him to operate a
forklift.
In
light of Mead’s worsening conditioning, Chase asked Mead to undergo a
functional capacities assessment/evaluation by its Senior Assessment Specialist
to review Mead’s work capabilities. The
specialist determined that Mead could not continue to safely perform the
machinist position. Rather, Mead fell
into the category of “light work.” Chase
did not have any light duty jobs and placed Mead on short-term disability. Mead wanted to stay in his current job.
Mead’s
doctors reviewed the specialist’s assessment and informed Chase that if it
could not provide a light duty job, Mead would need permanent disability. Mead submitted an application to Chase for
long-term disability benefits, on which his physician checked “yes” on the
questions whether Mead was unable to perform his regular work and unable to
perform other gainful work.
Mead
timely filed a charge and lawsuit for discrimination based on disability under
the
You
are the law clerk to Judge Robinson and are to draft an opinion on the
defendant’s motion. The judge advises
you to carefully evaluate the plaintiff’s claims and supporting evidence and
the defendant’s defenses and supporting evidence. Explain whether the plaintiff has established
a prima facie case. Explain whether the defendant should prevail on any or all
of its defenses. The judge expects you
to reach a decision (for or against summary judgment) that is based on a
well-reasoned, organized and persuasive analysis of the applicable standards of
law and the relevant evidence in the case.
Essay Question #2
20 POINTS
On
June 1, 2003, at age 18, Bess Hull was hired at BK Burgers, a national
fast-food restaurant, by the night supervisor, Tim Garry, age 21. Bess asked to work the night shift so she
could work with her younger sister, also employed by BK Burgers, so their
grandmother could drive the two girls home after their shift. Two weeks after she was hired, Tim told Bess
he wanted to date her. She told him she
wasn’t interested. The next night, Tim
tried to persuade Bess to ride home with him so they could get it on. She refused again and left with her sister
and grandmother.
Tim
persisted. He cut Bess’s hours to one day per week, when she would be the only
girl on duty and she would have to work with Tim, his brother, and his
cousin. That night Tim told her to come
to the back of the restaurant “to do a quickie.” She refused.
Over the next several weeks, Tim’s conduct toward Bess worsened. Two times, Tim grabbed Bess’s breasts. She pushed him away both times. Two other times, he followed her into the
restroom and made lewd comments. She
quickly ran out so as not to be alone with him.
Three times, Tim tried to pull Bess’s pants down while she was sweeping
the floor at closing time. She was able
to get away each time. On two occasions,
Tim tried to put his hand down Bess’s pants.
She kneed him in the groin and told him to leave her alone. She also told his brother to tell Tim to
leave her alone, to which he just laughed, “Tim wants to date you.” Bess claims Tim’s conduct was an “every-night
thing,” which she endured for over a month.
On
July 31, 2003, Bess asked Tim if she could take a break later in the evening
when some relatives were to stop by on their trip through the state. Tim said that would be fine. However, when Bess asked to take her break
when her relatives arrived, Tim said, “The only way you can go on break is if
we get it on after work.” Bess rejected
the offer. Tim told her she might as
well “clock out.” When Bess asked if
that meant she could go on break, Tim responded, “No, you’re fired.”
The
next day, Bess filed a complaint with the police department about Tim’s
harassing conduct. The next week, while
at another BK Burgers in another town, Bess reported her allegations of sexual
harassment to the manager of that restaurant.
BK then conducted an internal investigation of Bess’s allegations and
ultimately took no action against Tim.
Bess
hasn’t found another job, although she’s looked. There aren’t many jobs in her town and she
doesn’t have transportation to work out of town. She’s been diagnosed with an anxiety disorder
since she was fired, for which she takes medication and has ongoing therapy.
On
May 10, 2004, Bess comes to you to see if she has a case against Tim and BK
Burgers. Assess her claims, BK’s likely
defenses, and potential damages.
Be
sure that the answer page contains your exam number, and that the question
booklet has your exam number on every page.
Turn in both the question booklet and the answer page.
END OF PART ONE