Business Law

The NLRB will say that Road Runner is not bargaining in good-faith. They will instruct RR to make all related documents available so that good-faith bargaining will be possible. Their decision must be backed by the federal circuit court for it to be law.

2. Road Runner does have rights in this situation. Coyote is engaging in a secondary boycott. They are picketing in front of a business not involved with the labor dispute hoping they will pressure RR to give into demands. The NLRB will request injunctions that will be enforced by the court of appeals which gets its power from the Taft-Harley Act.

3. In this case he could argue that height is not related to job performance especially since ladders are available. He may state that Hispanic men may have a higher chance of being less than six feet tall. I would want to know fact on average heights to see if there is any truth to that. He would also want to know who currently works there to see if there is any pattern there.

4. An employee can sue under Title VII without adverse employment action. The employee must prove the sexual harassment even exists. Under Title VII they do have the right to sue even though no “tangible” losses of “economic character” have been suffered. The employer can argue the no adverse job action against the employee has taken place. They can show that they took reasonable care to prevent and quickly redress harassment. They must prove the employee unreasonably failed to use employer remedies.

5a. Alison can make a workers compensation claim against Twistco to have medical attention paid for. Employers are held to strict liability in regards to employee injures that are incurred within the scope of their job duties.

5b. She will not be able to make a claim under the ADA. The ADA requires “substantial limits” for one to qualify. Things like walking, seeing, and hearing would all be included. The injury must impair activities of central importance to most people’s lives. Alison does not qualify with these requirements