Question

Vandalay Industries is a manufacturing company with over 200 employees. Their primary product is clothing but they also manufacture some other related items. Most of their products are sold to major department stores. Madge has worked at Vandalay for over 40 years. All of her evaluations are excellent and she has received many pay raises through the years. She was also awarded "Employee of the Year" in 1989. Last week she received a job termination notice effective in two weeks.

Last month Ruby heard about a job opening at Vandalay that would be a promotion. At the interview Hugo stated "Ruby you would definitely get this job if you were my girlfriend." He then asked her out on a date. Ruby refused the date. This week she learned Bob who was less qualified got the job.

Kent has been at Vandalay for over 10 years and is considered an excellent employee. Recently he took a 6 week FMLA leave after his wife had a baby. When he returned he learned Amy had received the promotion he had applied for. Amy has only worked at Vandalay for two years.

Bernard has been serving in the National Guard in Afghanistan for the last 16 months. He recently was released from service and returned to Vandalay to continue his employment as a machine operator. His first day back he was told by Human Resources that he was being reassigned to custodial duties at a 25% pay cut.

Hugo, a vice president at Vandalay Industries recently stated that "the employees are lazy, drunk and a bunch of crooks, we must start checking up on them more." He notified all the employees that they are now subject to 24 hour monitoring. He has installed cameras in the restrooms, lunch room and locker rooms. He reads his employees emails, and listens in on phone conversations. He installed Internet tracking software on all company computers. He also has decided to start drug testing the employees once a week effective immediately. Hugo has mandated that all employees wear FitBits so he can measure how hard they are working. Employees who do not reach a company mandated activity level will be fired.

Lupe is a Mexican-American who works as a seamstress in the Vandalay manufacturing facility. Every morning her supervisor greets her with a derogatory comment such as "You're five minutes late, wetback!" She complained to Human Resources but was told, "He's just kidding with you, get a sense of humor."

Hondo is a delivery truck driver for Vandalay. Last Tuesday he was making his deliveries to retail stores when he took his one hour lunch break. He stopped at the Old Colony Tap and had three beers with his cheeseburger and fries. Returning to his route he was texting on his smart phone and plowed into the back of Pete's vehicle which was stopped at a red light. Pete suffered head and neck injuries and is still hospitalized.

What are the legal issues at Vandalay Industries? Do the affected employees have any recourse? What are the legal claims that Vandalay can expect? Defenses?

Answer 1

answer-

1-The legal issues at Vandlay industries are-

Is the company adopting employee discrimination activities for hiring and promotion?

Is the company is violating the privacy of employees under the law?

Is the company is liable for the act of its truck driver for the accident of Pete?

In this case, the employees has source of help from the law of the state where it company is situated.because affected employees like

Madge who has worked over 40 years get termination letter may because of her age so she can get help from EEOC.also RUBY can get help from EEOC because she was exploited to get job by Hugo to be her girlfriend.employees.

Other employees whoes emails, washroom activities and use of fibit can use use employee privacy laws to get their help from such treatment from employer.

2-The legal claims that Vandlay can expect is the sex discrimination claim to hire Ruby if she could be the girlfriend of VP hugo of the company.

Vandlay can get claim of age discrimination . The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.

Vandlay can get claim under employment privacy law . Employee privacy rights are the rules that limit how extensively an employer can search an employee's possessions or person; monitor their actions, speech, or correspondence; and know about their personal lives, especially but not exclusively in the workplace.

Vandlay can get claim for the injuries of pete because the accident was caused by the company driver and under Respondeat superior is a doctrine that a party is responsible for acts of their agents .so company is responsible for the act of its driver.

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