BA370 Case Analyses 5
Case Analyses: select TWO court cases (from different chapters) from the list below, and respond in writing to the case questions. The written analysis of both cases should be approximately 2-3 pages total; use parenthetical citations and a corresponding works cited list when referencing specific information from the text or other sources, and follow other prescribed guidelines for APA format.
Horgan v. Simmons (Ch 10, p 313)
EEOC v. UPS Supply Chain Solutions (Ch 10, p 322)
Cloutier v. Costco (Ch 10, p 335)
Scobey v. Nucor Steel-Arkansas (Ch 11, p 357)
Bachelder v. America West Airlines (Ch 11, p 361)
Petty v. Metropolitan Gov’t of Nashville & Davidson County (Ch 11, p 369)
BA/370 Case Analyses 5
BA 370 Case Analyses 5
BA370 Case Analyses 5 Cloutier v. Costco (Ch 10, p 335)
1. What is the legal issue in this case? What did the court decide?
2. In your view, is Cloutier able to establish a prima facie case of failure to reasonably accommodate? Does she show the existence of a sincere religious belief or practice that conflicts with the employer’s appearance requirements?
3. Comment on the process of reasonable accommodation in this case. How might Costco have handled the process better? Cloutier?
4. Should courts consider accommodations offered after an adverse employment action has been taken, in determining whether an employer has failed to offer a reasonable accommodation?
5. Does Costco meet its burden of showing that there is no accommodation acceptable to Cloutier that it could provide without undue hardship? Under the logic of this decision, would employers ever have to make exceptions to established dress and appearance codes in order to accommodate religious practice?
Petty v. Metropolitan Gov’t of Nashville & Davidson County (Ch 11, p 369)
1. What were the legal issues in this case? What did the court decide?
2. How were the reemployment provisions of the USERRA violated in this case?
3. Was the plaintiff still qualified to be a police officer? Wasn’t the department justified in being concerned about possible misconduct that occurred while the officer was in Iraq?
4. Why does the court conclude that he has a claim for discrimination under USERRA? How does a discrimination claim under USERRA differ from a reemployoment claim?
5. What should the police department have done differently?
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