Chapter 10, Sexual Orientation and Gender Identity Discrimination Video Solutions, Employment Law for Business

Problem 1

Applicant applies for a position with Ace Corporation. During the interview, Ace suspects that the applicant is gay. When asked why the suspicion, Ace says that the male applicant acted effeminately. Ace decides not to hire the applicant, who is otherwise qualified. Does the applicant have a cause of action against Ace? [Jantz v. Muci, 759 F. Supp. 1543 (D. Kan. 1991).]

James Kiss

Numerade Educator

Problem 2

When the FBI learns that Mary, its FBI agent, is a lesbian, Mary is fired. Mary goes to an attorney to find out about the possibility of suing to get her job back. What does the attorney likely tell her?

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03:11

Problem 3

As a manager, an employee comes to you and tells you that he has a hunch that one of the other employees is probably gay. What do you do?

Jennifer Stoner

Numerade Educator

Problem 4

Charlie, the manager, does not like it that Chester wears an earring and orders Chester to get rid of it or be terminated. Chester refuses. Can Charlie terminate Chester?

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Problem 5

Employee sues his employer, saying that he is being sexually harassed by gay males, who only harass young male employees. Does he have a cause of action? [Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir. 1996).]

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03:11

Problem 6

Maureen brings her same-gender partner of 14 years to a company picnic. One of the other employees treats Maureen poorly after realizing she is a lesbian. Does Maureen have any recourse?

Jennifer Stoner

Numerade Educator

00:29

Problem 7

A male firefighter is diagnosed with gender dysphoria seven years after coming onto the force and having no negative incidents with co-workers. As he begins to exhibit a more feminine demeanor, he begins to have administrative troubles, which he attributes to his failing to conform to gender stereotypes. Does he have a cause of action under Title VII?

I O

Numerade Educator

Problem 8

A female assistant at a hair salon is terminated. She brings suit under Title VII, alleging that it is because she is a lesbian whose overall appearance is more male than female. The employer counters that the termination was due to poor performance; there was no dress code, and the employee was allowed to wear her hair in a Mohawk cut as long as it was styled by someone at the salon. Is the employee likely to win? [Dawson v. Bumble \& Bumble, 398 F.3d 211 (2d Cir. 2005).]

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01:25

Problem 9

Employee was designated male at birth and on her driver's license, but considered herself a woman. When she used both the male and female bathrooms at work, her employer asked her to supply a letter from her doctor indicating her gender. Her attorney wrote saying that she was not entirely male or female, and was, instead, intersexed. The employer tells the employee she can only use the men's restroom. If the employee had not notified the employer that she was intersexed, and possibly within Title VII, would employer be held liable for discrimination? [Johnson v. Fresh Mark, Inc., 337 F. Supp. 2 d 996 (N.D. Ohio 2003).]

Christopher Stanley

Numerade Educator

Problem 10

Employee is harassed by a male co-worker, who makes repeated statements to him in the men's locker room such as "your hands are so soft-what are you doing after work?" and "why don't you come strip for me?" The employee complains to management. Does management have to respond? [Jones v. Pacific Rail Services, 85 Fair Empl. Prac. Cas. (BNA) 90 (N.D. III. 2001).]

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