Unit 7 Written Assignment
July 7, 2015
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...
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/
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