You will be graded on your answers to Discussion Questions. Merely submitting them will not result in any points toward your eventual grade. Your answers will be graded as to their substantive content. Relevant analysis will result in partial credit even if the ultimate answer is incorrect. It is not necessary to cite references in support of your answer. If you do cite references, please cite in proper APA format or, if you are citing cases, please use appropriate citation form. Spelling and grammar will factor into the final grade for each discussion answer. Answers to Discussion Questions must be written in the third person. 3 CASE PROBLEMS 1)Unfair Labor Practices. Consolidated Stores is undergoing a unionization campaign. Prior to the union election, management states that the union is unnecessary to protect workers. Management also provides bonuses and wage increases to the workers during this period. The employees reject the union. Union organizers protest that the wage increases during the election campaign unfairly prejudiced the vote. Should these wage increases be regarded as an unfair labor practice? Discuss. (See page 645.) 2)25–3 Religious Discrimination. Gina Gomez, a devout Roman Catholic, worked for Sam’s Department Stores, Inc., in Phoenix, Arizona. Sam’s considered Gomez a productive employee because her sales exceeded $200,000 per year. At the time, the store gave its managers the discretion to grant unpaid leave to employees but prohibited vacations or leave during the holiday season—October through December. Gomez felt that she had a “calling” to go on a “pilgrimage” in October to Bosnia where some persons claimed to have had visions of the Virgin Mary. The Catholic Church had not designated the site an official pilgrimage site, the visions were not expected to be stronger in October, and tours were available at other times. The store managers denied Gomez’s request for leave, but she had a nonrefundable ticket and left anyway. Sam’s terminated her employment, and she could not find another job. Can Gomez establish a prima facie case of religious discrimination? Explain. (See page 659.) 3) 25–4 Spotlight on the Civil Rights Act—Discrimination Based on Gender. Burlington Coat Factory Warehouse, Inc.., had a dress code that required male salesclerks to wear business attire consisting of slacks, shirt, and a necktie. Female salesclerks, by contrast, were required to wear a smock so that customers could readily identify them. Karen O’Donnell and other female employees refused to wear the smock. Instead they reported to work in business attire and were suspended. After numerous suspensions, the female employees were fired for violating Burlington’s dress code policy. All other conditions of employment, including salary, hours, and benefits, were the same for female and male employees. Was the dress code policy discriminatory? Why or why not? [O’Donnell v. Burlington Coat Factory Warehouse, Inc., 656 F.Supp. 263 (S.D. Ohio 1987)]
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