What defenses might cardware assert

Assignment Help Business Law and Ethics
Reference no: EM13786001

CARDWARE is growing by leaps and bounds. It has now opened 10 new stores nationwide under the name "The Sporty One." It has been agreed by the Board of Directors at CARDWARE Inc. that each store shall have a general manager and assistant manager who both were to act as sales persons and one additional sales person. The slogan the store advertises its sports ware with is "You don't have to be an athlete to look and feel like one." The current sports ware that "The Sporty One" carries shows a clothing distribution of 60% for females and 40% of its line is for males. However, it would eventually like for it to be a 50/50 distribution. The Cardigans research has demonstrated that the trend has been more female than male shoppers. Further, following the marketing theory of many high end clothing stores, CARDWARE prefers slender, young employees to work for it, so that the clothing line can keep with the image of being sporty.

Petunia Rotunda, a middle aged, slightly plump woman saw an ad online for a salesperson for The Sporty One and applied for the position. The ad read as follows:

WANTED: Salesperson experienced in retail sales or marketing preferred, energetic, youthful, athletic, and able to "sport" the clothing lines of The Sporty One with style. The Sporty One is a division of CARDWARE Inc. and proud to be an Equal Opportunity Employer.

Petunia has had 5 years of retail experience working in a garden shop that did have some flannel shirts and aprons as well as gardening gloves for sale. Noah Dahl, a college graduate in marketing also saw the ad and applied for the salesperson position at The Sporty One. Noah, a slender racquetball player has not had any retail experience but has had customer service experience for an online gaming company.

After interviewing both applicants, CARDWARE's General Manager, Chloe, one of the cousins of the Cardigan clan has decided to hire Noah. Petunia was outraged claiming that she should have been hired and that she has been discriminated against based on her age. CARDWARE contends that Noah was more qualified as per the advertisement as well as company image and future plans for the company; age had nothing to do with it.

Noah began work the following week. Still angry, Petunia visited The Sporty One. She began to harass Noah to the point where other customers started to leave the store. Having had enough insults, Noah grabbed Petunia by the arm and shoved her towards the door. She stumbled and ran into one of the clothing racks and thereafter knocked over 92-year-old Hetty Whitestone who was passing by the mall store. Hetty suffered a concussion and died.

Using the above facts given, please label with headings and discuss the following in this order:

PART I:

  • Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?
  • Do not forget to review the company's slogan as given in the above facts.
  • Be sure to discuss Petunia's point of view as well as CARDWARE's position and defenses.
  • Use legal authority to support your position as well.

PART II:

  • If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah's behavior? If so, under what theory?
  • What defenses might CARDWARE assert?
  • If Hetty Whitestone's estate claims that CARDWARE should be responsible for Hetty's death, will it?
  • What defenses might CARDWARE utilize?

Reference no: EM13786001

Questions Cloud

Promoting cognitive development : As you have learned in your readings, Piaget, Erikson, Skinner, and Vygotsky took different approaches to child development. One's theoretical perspective influences approaches to child development. The Jacksons are a young couple living in Center..
Analyze huge amounts of data : Business intelligence, knowledge management, and expert systems are powerful tools that allow corporations to analyze huge amounts of data that would typically go ignored in the past.
Write a paper on shooting an elephant by george orwell : Write a paper on "Shooting an Elephant" by George Orwell.
What defenses might cardware assert : What defenses might CARDWARE assert? If Hetty Whitestone's estate claims that CARDWARE should be responsible for Hetty's death, will it? What defenses might CARDWARE utilize
Non-compete agreements are governed by federal law : Non-compete agreements are governed by federal law. The 1964 Civil Rights Act was passed the year after the historic March on Washington led by the late Rev. Dr. Martin Luther King, Jr. The Fair Credit Reporting Act requires that employers obtain wri..
Organizational schizophrenia-balance vs imbalance : Describe the positive results of organizational stressors. Differentiate between perceived and actual stressors. In your life, what actions, priorities, and behaviors are used effectively to contribute to balance?
How many hours of overtime pay : If you are a nonexempt employee covered by the Fair Labor Standards Act, how many hours of overtime pay, if any, would you be entitled to? What would be the rate
Gender plus discrimination refers to discrimination based : Gender Plus discrimination refers to discrimination based on transgenderism. Justice Thurgood Marshall argued Brown v. Board of Education, which ended segregation in public schools in 1954. When the government infringes on a fundamental right, the go..

Reviews

Write a Review

 

Business Law and Ethics Questions & Answers

  Discuss some of the pros and cons of plea bargaining

Discuss some of the pros and cons of plea bargaining (and any others you might be able to think of). If it were feasible within our system, would you support a ban on plea bargains

  Find and present the answer to the issue using legal analys

Instructions For your Course Project this term, you will research an issue in depth and compose an answer to your chosen issue, in the form of an internal legal memo. As you learn how to research an issue, you will first work on a research plan and f..

  What are the ethical and legal considerations

Discuss the advantages and disadvantages of each decision that Elaine has made - What are the ethical and legal considerations facing Elaine, Dennis, and UBC?

  Locate a landmark us supreme court case and draft case brife

The assignment for this week is to locate a landmark U.S. Supreme Court case and draft a case brief. Case: Gideon v. Wainwright

  Sixteen year old alice

Sixteen year old Alice is a high school junior who looks at least 21 years old. She sees a parcel of land that she would like to buy in order to build a house after she graduates from college. Alice contacts Loren, the owner of the property,

  What are the consequences of a violation

What is the health care organization's responsibility under this financial management statute? Describe the appropriate behavior and expectation. What are the consequences of a violation

  Explain missions of the department of homeland security

Describe and critique the many missions of the Department of Homeland Security. Include how efficient is it to have so many functions housed within the Department of Homeland Security

  Review the acm code of ethics and professional conduct''s

Review the ACM Code of Ethics and Professional Conduct's More Specific Professional Responsibilities sections 2.1 and 2.2

  Following an act of terrorism lingering public fear and

following an act of terrorism lingering public fear and distrust may exist.nbspthe impact of these conditions can be

  What are the two major less than lethal weapons developed

less-than-lethal-weapons have proven a huge asset for law enforcement. due to this technology injuries of both law

  Congressional leaders are voted into office through

congressional leaders are voted into office through general elections. for this reason legislation is heavily

  The individual is charged with possession of a controlled

key assignmentwhile working an undercover detail in a neighborhood known for drug activity you notice a vehicle stopped

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd