Question

The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son’s glove company. Cora and Caley, Camille’s two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.

CARDWARE is growing by leaps and bounds. It has now opened 10 new stores nationwide under the name “The Sporty One.” It has been agreed by the Board of Directors at CARDWARE Inc. that each store shall have a general manager and assistant manager who both were to act as sales persons and one additional sales person. The slogan the store advertises its sports ware with is “You don’t have to be an athlete to look and feel like one.” The current sports ware that “The Sporty One” carries shows a clothing distribution of 60% for females and 40% of its line is for males. However, it would eventually like for it to be a 50/50 distribution. The Cardigans research has demonstrated that the trend has been more female than male shoppers. Further, following the marketing theory of many high end clothing stores, CARDWARE prefers slender, young employees to work for it, so that the clothing line can keep with the image of being sporty.

Petunia Rotunda, a middle aged, slightly plump woman saw an ad online for a salesperson for The Sporty One and applied for the position. The ad read as follows:

WANTED: Salesperson experienced in retail sales or marketing preferred, energetic, youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. The Sporty One is a division of CARDWARE Inc. and proud to be an Equal Opportunity Employer.

Petunia has had 5 years of retail experience working in a garden shop that did have some flannel shirts and aprons as well as gardening gloves for sale. Noah Dahl, a college graduate in marketing also saw the ad and applied for the salesperson position at The Sporty One. Noah, a slender racquetball player has not had any retail experience but has had customer service experience for an online gaming company.

After interviewing both applicants, CARDWARE’s General Manager, Chloe, one of the cousins of the Cardigan clan has decided to hire Noah. Petunia was outraged claiming that she should have been hired and that she has been discriminated against based on her age. CARDWARE contends that Noah was more qualified as per the advertisement as well as company image and future plans for the company; age had nothing to do with it.

Noah began work the following week. Still angry, Petunia visited The Sporty One. She began to harass Noah to the point where other customers started to leave the store. Having had enough insults, Noah grabbed Petunia by the arm and shoved her towards the door. She stumbled and ran into one of the clothing racks and thereafter knocked over 92-year-old Hetty Whitestone who was passing by the mall store. Hetty suffered a concussion and died.

Using the above facts given, please label with headings and discuss the following in this order:

PART I:

• Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?
• Do not forget to review the company’s slogan as given in the above facts.
• Be sure to discuss Petunia’s point of view as well as CARDWARE’s position and defenses.
• Use legal authority to support your position as well.

PART II:

• If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah’s behavior? If so, under what theory?
• What defenses might CARDWARE assert?
• If Hetty Whitestone’s estate claims that CARDWARE should be responsible for Hetty’s death, will it?
• What defenses might CARDWARE utilize?

Answer 1

section 1. 1) Bona fide word related occupation capabilities, or BFOQ's, is a barrier that "applies when oppression an ensured class is basic to an occupation" . This promotion didn't indicate that the individual they wished to contract would be of a particular age gathering or physical sort. he was studying the division he was getting down to business in, despite the fact that he had no retail understanding. Petunia was progressively qualified in that she had related knowledge. By and by, for me, client support and retail are exceptionally indistinguishable in a ton of viewpoints, so in the event that I were the contracting director, Noah would be an inside and out champ for me and my own decision.

2..The organizations' trademark would make little difference to the claim for Petunias. The eventual like says Nikes "Take care of business" was suggesting somebody could carry out a wrongdoing with their attire. The motto has no influencing on whether Petunias claim will be upheld.

3..From Petunia's perspective, I would state she has an exceptionally strong motivation to feel that they contracted Noah in view of his age. To more readily bolster this she could without much of a stretch call attention to in the promotion, "young, athletic, and ready to "sport" the apparel lines of The Sporty One with style. By pointing out the promotion, it probably won't be valuable to her in light of the fact that the advertisement states energetic not youthful and athletic not fat. They are needing somebody to don the line of garments well.

Section 2 . 1) Noah is clearly of representative status. He works at CARDWARE and his work is done heavily influenced by them. The episode happened while Noah was on the clock and he was carrying out the responsibility of his situation at CARWARE. Risk for operator's disregard is the hypothesis that I would consider makes CARDWARE liable for Noah's conduct. The regulation of respondeat unrivaled "forces vicarious obligation, or roundabout risk, on the business for torts submitted by a representative in the course or extent of work". Noah was inside the extent of his business when he carried out the wrongdoing.

CARDWARE needs to think about why this occurrence even came to the surface. CARDWARE is the explanation that Petunia is so vexed and focuses on their representative, Noah. He is only a monkey trapped in a fight between the other two gatherings. CARDWARE ought to have found a way to prohibit Petunia from the store when she began pestering Noah. Because of their own carelessness, Petunia had the option to drive Noah right to his limit, causing a significant issue that brought about an awful mishap.

2)..CARDWARE may affirm that they didn't hurt the lady, that Petunia was the just one to blame. She isn't a representative of CARDWARE and has no connection to them. They may likewise express that Petunia caused all angles prompting the mishap. She kept on coming into the store with a reason to agitate their worker, Noah. The main issue this time is that the result of her visit finished in the passing of another client.

3)..The way that Petunia was bothering a worker which is the start of the horrendous chain of occasions prompting the large issue here may factor in, yet the way that CARDWARE didn't take care of the provocation preceding the occasion places them in the blend too. They disregarded their dependably to keep up a protected workplace, which I think could make them answerable for the demise.

4)Without documentation, it would be hard for Noah to demonstrate that CARWARE was informed of the badgering and neglected to take care of business. There might be where Petunia's badgering in advance was not to a point where the neighborhood police, sheriff's area of expertise, and other wellbeing authorities could take care of business. If so, CARDWARE satisfied their obligation to keep up a sheltered workplace and the accuse would less lie for their shoulders.