Sheri Wisniewski LS311 Unit 7 Written Assignment

Unit 7 Written Assignment
Sheri Wisniewski
LS311
July 7, 2015
Kaplan University

According to the advertisement, it states that it is preferred that the applicant have experience in retail sales or marketing, that they are energetic, youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. Although there are only two qualifications that can be considered as pertaining to skill in the position, the experience in sales or marketing, being energetic, youthful, and athletic can pertain to many different body types. Just because you are not young does not mean you are not youthful, also, just because you are not the typical slender body type, it does not mean you are not athletic. Having a positive body image and feeling confident in the clothes you have on can allow you to “sport” any type of clothing you may wear. The slogan even supports this as it states, “You don’t have to be an athlete to look and feel like one.” According to the EEOC website, “it is illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” (EEOC.com). Petunia did have some retail sales experience although not in a strictly clothing type store, and they have the choice to hire whichever one they choose. Petunia felt she was discriminated against because of her age, and unless someone from CARDWARE admits to that, it will be a difficult thing to prove.
If Petunia decided to bring a lawsuit against CARDWARE, she may have a case. “Under a legal doctrine sometimes referred to as "respondeat superior" (Latin for "Let the superior answer"), an employer is legally responsible for the actions of its employees. However, this rule applies only if the employee is acting within the course and scope of employment. In other words, the employer will generally be liable if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer 's behalf when the incident took place.” (Employer Liability, 2015) Since Noah was working and part of his job is to interact with people in the store CARDWARE could be held liable for his actions. CARDWARE could say that since Petunia was in the store harassing Noah and causing other customers to leave the store affecting their ability to keep working, he was simply trying to remove her from the location so business could return to normal. If the estate of Hetty Whitestone claims CARDWARE should be responsible for her death, they could also have a case. Again, going back to the aforementioned legal doctrine, CARDWARE could be liable for Noah’s actions. By Noah shoving Petunia she fell and knocked Hetty down. Noah could have avoided any confrontation by simply leaving the sales floor and allowing the manager or assistant manager to deal with Petunia, because he chose to stay and act on his frustration regarding his treatment by Petunia an innocent woman has died. CARDWARE could use the defense that Noah was acting on his own and he had no business putting his hands on any person in the store in an aggressive manner. They could also argue that since Petunia was angry about not getting the position, she was acting irrationally and had no business coming into the store harassing and yelling insults at one of their employees. CARDWARE had a right to hire whoever they chose to, Petunia was not hired because of her age, if anything he was not hired because of her body type and although the slogan may say you don’t have to be an athlete to look like one; CARDWARE may not practice what they preach.

References
Employer Liability for an Employee 's Bad Acts, 2015, Employer Liability for an Employee 's Bad Acts If your employee hurts someone, you could be legally responsible. Retrieved from http://www.nolo.com/legal-encyclopedia/employer-liability-employees-bad-acts-29638.html
U.S. Equal Opportunity Commission, 2015, U.S. Equal Opportunity Commission About EEOC, Overview. Retrieved from http://www.eeoc.gov/eeoc/

References: Employer Liability for an Employee 's Bad Acts, 2015, Employer Liability for an Employee 's Bad Acts If your employee hurts someone, you could be legally responsible. Retrieved from http://www.nolo.com/legal-encyclopedia/employer-liability-employees-bad-acts-29638.html U.S. Equal Opportunity Commission, 2015, U.S. Equal Opportunity Commission About EEOC, Overview. Retrieved from http://www.eeoc.gov/eeoc/