Problem 1: Porter, Co. has recently instituted a policy of promoting only from within its employee pool. For years, the company hired for advanced positions internally and externally. At the time when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of 200 individuals was 80% male and 20% female. The available labor pool of 3,000 qualified individuals from which Porter, Co. might recruit for advanced positions, were it looking outside as well as within, was 50% male and 50% female. Should Porter, Co. have any cause for concern over the legality of the new promotions policy? Explain in detail and support your conclusion with analysis of potential legal liability, suggested revisions, and explanation of possible consequences.
Problem 2: Kramer, a African-American male, enters into an employment contract with Bonzai Consulting for a three-year term. Shortly after the commencement of the term, it was made clear to Kramer by some of his Caucasian colleagues that he was not welcome. Kramer was frequently locked out of his office, his work was sabotaged, and his mail was intercepted and destroyed. All of these actions rendered him ineffective and led to his eventual dismissal. Kramer sues. Analyze the cause of action, legal basis for his claim, the viability of his claim, measures that should have been taken by the company to minimize or avoid liability, and use applicable law to support your response and conclusion.
Problem 3: Pugh worked for See's Candies, Inc. for 32 years. He had started out as a dishwasher, worked his way up to vice president of production, and was also on the Board of Directors. When he was hired, he was told by the president and general manager, "If you are loyal and do a good job, your future is secure." The president had a policy of only terminating employees for good cause, and that policy was continued by his successor. During the entire period of Pugh's employment, his performance had never been formally evaluated or criticized, and he was never denied a raise or bonus. After the company had set sales records for the Christmas and Valentine's Day seasons, Pugh was called into the president's office and told that he was fired. He was not given a reason for his discharge, but he suspects that he was fired because he objected to the sweetheart relationship that the company had with the union representing its workers. Does Pugh have a cause of action for wrongful discharge? If so, what could the company have done to minimize exposure?