Please answer the questions below.
1. Read pp. 17- 19 regarding Wal-Mart v. Dukes 2011 U.S. Lexis 4567. From the information in Justice Scalia’s opinion, answer the following questions: Do you agree with the decision/holding of the Court? Why, or why not? What could the plaintiffs have done differently to have a better chance at getting their class action certified? How would this have impacted employers (not just Wal-Mart) if the class action had been allowed to proceed?
2. Read pp. 51- 54 regarding the following case Zheng v Liberty Apparel Co., 355 F. 3d 61 (2d Cir. 2003). From the limited, disputed facts presented, how would you decide the case?
3. A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer’s urine test. The hair follicle test is aimed at identifying people who persistently use drugs over time. The driver also pointed to problems with the employer’s drug tested procedures. Specifically, the drug test was given by a supervisor despite the availability of nonsupervisory employees, the container had been removed from the sealed kit before the driver arrived to be tested, the driver was not instructed to wash his hands at the proper times, access to the collection site for the specimen was not restricted, and the collection container was not kept in full view of the driver during the time between when the specimen was produced and the container was sealed. Did the employer fail to comply with the drug testing procedures required by the Department of Transportation? If so, was it negligent in how it conducted the drug testing. Why, or why not?
4. On p. 174, read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court decide, and why?
Book for this course: Walsh, J. D. (2003). Employment Law for human resources practice (4th edition). Mason, OH: South-Western.
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