Employment Law
Question 1:
Sid Frost worked as a merchandising supervisor for
Global-Mart, Inc. a large discount store employing over 26,000 people. When
Frost suffered his third stroke in April 1999, he took leave from work, which
was covered by the Family and Medical Leave Act (FMLA) of 1993. The vice
president of personnel for Global-Mart approved the leave. Mike Allen, who had
been hired only two months after Frost in 1984, temporarily filled Frost’s
position. When Frost returned to work, he discovered that Allen had been
promoted to senior supervisor and given a $7,000 raise. The senior supervisor
position is filled from the supervisor classification based on seniority.
Global-Mart refused to allow Frost to return to his position as a supervisor
and demoted him to a senior salesman position that required travel away from
home on a weekly basis. Six weeks later Global-Mart fired Frost because he was
unable to keep up the schedule required by his position and because his expense
account was not timely filed by the end of the month.
Frost sues Global-Mart for violation of the FMLA based upon
Global-Mart’s failure to promote him to senior supervisor or return him to his
prior position. Did Global-Mart violate the FMLA? Explain your reasoning.
Support your reasoning with appropriate citations (in APA format and specific
page references) to the Cheeseman textbook and no other sources.
Question 2:
Carol Jones was employed with Richmond Components, Inc.
(RCI), an electrical engineering and manufacturing company that supplied parts
and guidance system development for the United States Air Force. Jones was a
public relations and communications manager for RCI at their facility located
on Davis Air Force Base for over nine years. Of the 135 employees at the RCI
facility at Davis AFB, only nine women were in professional positions.
Employees in the office where Jones worked used e-mail as the primary form of
communication between them. Jones was sent sexually explicit material via
e-mail, including pictures that had been downloaded from the internet. Two male
engineers in her work area used semi-nude swimsuit pictures as the screensaver
on their computers. Pornographic pictures were cut out and put in her mailbox
with notes, such as, “Will you pose like this for us?” When Jones
requested that information for press releases be given to her by a stated
deadline, she was subjected to sexually demeaning comments about her anatomy.
When Jones complained to the vice president in charge of personnel, she was
told that she worked in a high-stress “boys’ club” and she had better
learn to accept the “give and take” environment at RCI.
Jones quit her job and filed an action under Title VII. Will
she prevail? Explain your reasoning. Support your reasoning with appropriate
citations (in APA format and specific page references) to the Cheeseman
textbook and no other sources.
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