Workers Compensation Case Study
Lorenzo Gomez
4/29/14
Tuesday 7:00 p.m.
BLAW 320
EMPLOYMENT QUESTIONS – WEEK 15
1. Workers’ Compensation. Angus, as a condition of his employment, lived in a mobile home owned by his employer, Deff Industries. The mobile home was located on the grounds of Deff’s plant and was purchased by Deff to house the Angus family because it wanted Angus to “maintain a constant presence on the premises.” Although Angus ordinarily worked out of an office located in a different building, the mobile home had a telephone, so Angus would be able to contact company drivers and customers as needed. One day, Angus returned to the mobile home and awaited the arrival of a truck on company business. About fifteen minutes after Angus had arrived at the …show more content…
The description for Workers Compensation states, there must be an employment relationship, and the injury must be accidental and occur on the job or in the course of employment. Such elucidation referenced before us, signals that Angus is in enforceable right to collect workers …show more content…
Religious Discrimination. Mary, a devout Roman Catholic, worked for Dillard Department Stores. Dillard considered Mary a productive employee because her sales exceeded $200,000 a year. At the time, the store gave its managers the discretion to grant unpaid leave to employees, but prohibited vacations or leave during the holiday season (October through December). Mary felt that she had a “calling” to go on a “pilgrimage” in October to Medjugorje, Yugoslavia, where some persons claimed to have had visions of the Virgin Mary. The Catholic Church had not designated Medjugorje as an official pilgrimage site, the visions were not expected to be stronger in October, and tours were available at other times. The store managers denied Mary’s request for leave, but she had a nonrefundable ticket and left anyway. Dillard terminated her employment. For a year, Mary searched for a new job and did not attain the level of her Dillard salary for four years. She filed a suit in a federal district court against Dillard, alleging religious discrimination in violation of Title VII. Can Mary establish a prima facie case of religious discrimination? Explain and provide reasons to support your
4/29/14
Tuesday 7:00 p.m.
BLAW 320
EMPLOYMENT QUESTIONS – WEEK 15
1. Workers’ Compensation. Angus, as a condition of his employment, lived in a mobile home owned by his employer, Deff Industries. The mobile home was located on the grounds of Deff’s plant and was purchased by Deff to house the Angus family because it wanted Angus to “maintain a constant presence on the premises.” Although Angus ordinarily worked out of an office located in a different building, the mobile home had a telephone, so Angus would be able to contact company drivers and customers as needed. One day, Angus returned to the mobile home and awaited the arrival of a truck on company business. About fifteen minutes after Angus had arrived at the …show more content…
The description for Workers Compensation states, there must be an employment relationship, and the injury must be accidental and occur on the job or in the course of employment. Such elucidation referenced before us, signals that Angus is in enforceable right to collect workers …show more content…
Religious Discrimination. Mary, a devout Roman Catholic, worked for Dillard Department Stores. Dillard considered Mary a productive employee because her sales exceeded $200,000 a year. At the time, the store gave its managers the discretion to grant unpaid leave to employees, but prohibited vacations or leave during the holiday season (October through December). Mary felt that she had a “calling” to go on a “pilgrimage” in October to Medjugorje, Yugoslavia, where some persons claimed to have had visions of the Virgin Mary. The Catholic Church had not designated Medjugorje as an official pilgrimage site, the visions were not expected to be stronger in October, and tours were available at other times. The store managers denied Mary’s request for leave, but she had a nonrefundable ticket and left anyway. Dillard terminated her employment. For a year, Mary searched for a new job and did not attain the level of her Dillard salary for four years. She filed a suit in a federal district court against Dillard, alleging religious discrimination in violation of Title VII. Can Mary establish a prima facie case of religious discrimination? Explain and provide reasons to support your