question 18-8 please 548 ung information and Ineratune 18-4 Workers\' Compensati
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question 18-8 please
548 ung information and Ineratune 18-4 Workers' Compensation. Asasalety measunr. Dynca USA. she told Schmeial that she thought che ne einnd an employee, Tony Fairburks, to wear st ned boots One of the booes caused a sone on Farhankss eg The skin over the sore beoke, and within a week Schmeizl insisied that Li perform the calls He get the requested mformation when she c and idenalied hersell as a Pac kard employer L nated on Schmeizls recommendation Can loe srangul discharge? Why or why not ia tifal kdsries, 134 Conn App 148, 39 A 7 01 compensation claim Dynea argued that the bactena thae caused the infection had bern on Fairbnks kin before he came to work Whon are the sequitements to recover workers compensation henelits? Dloes ths qualily? Explain Dynea USA, Fafunks, 241 Oe App 311,230 Pad 389 0201)1 (See pages 321-322 18-5 n run its tire mourring and distribusoe Chulilani worked for Quintak as a second-shifi s comments about his sexual anentzin Dowson's work deteriorsed He filed a complaint with Entcks haman nesoutroes depanmes. Two days later, he was fired. State law made it unlawful for an employer to discriminase agst an Than. He soffered a heart sciack in 1992 and undenuni bypass surgery in 1997. He also had anhnitis, I Titan decided to tensinate its relationship wah Qud individual hased on sexual orientaon Could Dawson esahlish a claim for retaliation Expu (Dawson Entek htternanmal, 630 E 3d 928 (9th Cir 2011 (See pagr 537.) descnibed himsell as having a disihbility After a phycd Titaens doctor concluded that Cholfant could wori rent capacity, and he was notiied that he would be hard Neverthcless, a Titan employee, wrone mou pass px' al the toe of Chaliant's application, and he was not hired uith another coempany that involved walking upto fine mn a day and lifting more weigha than he had at Titan Sepeember, Tian eliminased ns second shifi. Challan fied a suit against Tian under the Americans with Disahlines (ADA). Titan argued that its fallure to hire Chalfam ws b based on the impeession that he had nor passed the phscl but could not explain why not pass px was wimen on he application Laner. Titan claimed that Challant was not bined because the entire second shift was going to be eliminute ldallar nian Darhunon, Inc., 475 F3d 982 (thCr 2007 (See pages 341-542) 1. What must Challant establish to make his case under the For a sample answer to Problem 18-5, go to Appendix H at the end of this text. -6 Seuel Harassment by Co-worker. hlle Bradford world (DCBS). One of Bradfords co-workers, Lisa Stander, routinely enigaged in earme seuad behavior (such as touching herself cade coements)s Bradlonds presence. Bradfoed and others negularly complained aboe Sunders conduct to their supervaor, Angle Taylor Rather than resolve the prob letm, Taylor nonchalantly sold Stander to stop, encouraged Bodlornd to talk to Stunder, and suggested that Sander was ust having fun Assuming that Bradiond was subjected to a hoale work environment, could DCBS be lable? Why or wh not TBradond Deparement of Commusity Based Services, 2012 wi ji0032 (LD Ky 2012)|(Ser pagr 537 ) ADA? Can he meet these requirements? Explain. 18-7 Exceptions to the Employment-at-Will Doctrine. Lu L 2 Punstive damages can be appeopriate when an emplaye worked for Packard Bioscience, and Mark Schmcial was her supervisor In March 2000, Schmeizi asked Li to call Packards compestitors, presend to be a potential customet acts with malice or reckless indiflerence so an employee's proected rights, Would punitive damages be appeops Critical Thinking and Writing Assignments Business law Critical Thinking Group Assignment Nicole Tiption and Sadik Sdlen owned and operated restauran in lowa Acting on a tup from the local police, agerts of Immigration and Customs Enloncement executed seaech warrants at the restaurant and an apartment where ome restautane workers lied The agents discovered sx undocumenied alens working at the restaurant and lIiving ogether When the 1-9 forms for the sestaurani's emsiployees were reviewed, none wee found lor the six alens. They were paid in cash, whik other employees were paid by check. Tipton and Seleni were charged with hirting andhar 1. The first group will develop an argument that tipon and Sefeni were guilty of hiring and harboring ea 2. The second group willassess whether Tipton and Selen can assert a defense by clairning that they did not knon aliens that the woekers were unauthorized aliens .7Explanation / Answer
1. To make the case under ADA, Chalfant must establish that his disability is qualified and is within the meaning of ADA, that he can perform the essential functions of the job and that he suffered an adverse employment action due to the disability.
The disability is defined by ADA as impairment that substantially limits one or more life activities, any record of such impairment or being regarded as having such impairment. Chalfant meets these requirements since Titan was aware of his ailments from his application and that the job for which he had applied for did not require heavy lifting. Chalfant has proved that he can perform the essential functions through his earlier engagement with Quintana on the same shift job. Titan, by refusing to hire Chalfant had caused suffering of adverse employment action.
2. Punitive damages will be appropriate in this case since Titan’s action of not hiring Chalfant was a case of reckless indifference. Titan refused to hire Chalfant purely on the basis of a note on the application. Titan could not prove who had written the note, nor could they provide an explanation to Chalfant about how that noting made its way to his application.
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