In Chapter 2 of your text (p22), you will find the judge’s opinion in the case entitled Zheng v. Liberty Apparel Co.. Read the opinion and answer the following questions:
1. What was the legal issue in this case? What did the court decide?
2. What criteria had the district court applied to determine whether the manufacturers were employers of the garment workers? What additional criteria does the appeals court say must be applied? How do these criteria help determine whether an employment relationship exists?
3. From the facts presented, how would you decide the case?
4. What are the practical implications of this case? What are the same such implications for workers who are victims of unscrupulous contractors? How about for firms that subcontract or otherwise outsource parts of their operations?
In Chapter 4 of your text (p17), please read EEOC v. Target Corp., 2006 U.S. App. LEXIS 21483 (7th Cir.), and answer the following the questions:
1. What were the legal issues in this case? What did the appeals court decide?
2. What are the obligations of an employer regarding the retention of records related to recruiting? What problems does the court identify with Target’s record- retention practices?
3. What is the evidence that the store team leader Armiger was aware of the race of the applicants? Was race a factor in the applicants not receiving interviews?
4. What changes would you recommend to Target’s recruiting and hiring practices? What should the role of store managers be?
Read Lomack v. City of Newark in Chapter 8 of your textbook (P13) and answer the following questions:
1. What was the legal issue in this case? What did the Supreme Court decide? Why?
2. Why was a compelling governmental interest lacking in this case?
3. If this case had been argued solely under Title Vii rather than the Constitution, would the analysis and outcome have been any different? Why or why not?
4. Should the Supreme Court’s holding that a diverse student body is a compelling governmental interest for universities be extended to public employment? Why or why not?
5. Do you agree with the court’s decision in this case? Why or why not?
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