1. Explain the possible legal theories for recovery and assess the likelihood
of prevailing in the litigation.
1. (TCO A) Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking.
Her new manager, Paul, a smoker, was annoyed by what he considered her constant
nagging. He moved her desk from a separate room with a window to a cubicle surrounded
by smokers, who smoked all day. Paul refused Carla’ s request to create a no-smoking area
in the office and he refused her request to be moved back to the separate room. After four
weeks of breathing secondhand smoke, Carla quit. What, if any, recourse does Carla have
against her employer? Explain the possible legal theories for recovery and assess the
likelihood of prevailing in the litigation. (Points : 30)2. (TCO B) Mary Smith was an
employee of Thomas Contracts, a pipeline construction company. Mary was supervised by
H.D. Thomas, son of the owner of the business. She became involved in an affair with
Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on
her performance since the affair began. Mary filed a suit against Thomas Contracts, alleging
that her discharge was due to gender discrimination, sex discrimination, and in violation of
Title VII. Analyze and determine whether she succeeded. Identify and explain the applicable
law and statutory authority in conjunction with the facts in the scenario to support your
conclusion. (Points : 30)3. (TCO C) An employee was discovered drinking on the job. Her
manager realized that alcoholism must be the reason for increased absenteeism and
informed her of the availability of counseling services, giving her a choice between
treatment and discipline. The employee participated in and failed a company-sponsored
treatment program. The company then offered to provide inpatient treatment and the
employee refused, resulting in her termination. Does this employee have any recourse?
Apply the ADA requirements to the scenario, explaining how each requirement applies,
assessing whether the ADA provides Sara protections in this situation, and articulating the
employer position in the litigation in reaching a determination about the merits of the ADA
claim. (Points : 30)4. (TCO D) A house-moving company was moving a house and came close
to three 7,200 volt power lines. Fire was observed where the house’ s lighting rod came too
close to one of the power lines. Two employees were electrocuted and three more were
injured. Analyzing the fact pattern, determine whether the company violated OSHA’ s
general duty clause, or if this was merely an unfortunate accident. Assuming that passing
close to the wires was unavoidable, identify the steps that the company might have taken to
avoid the tragedy. (Points : 30)5. (TCO E) An ambulance service transports disabled

2. individuals on a non-emergency basis. Jane was hired as a night dispatcher. She worked at
home, and was required to be on duty to take calls for service from 5:00 p.m. to 8:00 a.m.,
Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She was paid
$550 per month. She was not given any special training, she was simply instructed how to
fill in record sheets, and how to call the ambulance crew to notify them of the service
request. Jane was free to engage in personal business as long as it did not interfere with the
calls, and was able to leave her home as long as she made sure that someone was available
to answer the phone.The ambulance company claimed that Jane was an independent
contractor and was exempt from the FLSA’ s overtime and wage requirements. Jane filed
suit to collect overtime and minimum wage back pay under the FLSA. Determine whether
she will succeed. If you determine that she will succeed, explain the remedies available.
Break down the elements of your response using applicable case law and statutory support
for your position. (Points : 30)6. (TCO F) Retirees were employed by White Farms while the
company was an affiliate of the White Motor Corporation. The dispute concerned the White
Motor Corporation Insurance Plan for Salaried Employees, a non-funded, noncontributory
benefit plan that provided life, health, and welfare insurance, prescription drugs, hearing
aid benefits, and dental care to retirees and their eligible dependents. White Motor
employees periodically received booklets describing their benefits under these plans.Also,
from the information that was being distributed to the employees in the form of the booklet,
it can be seen that though the company had intended to continue the plan indefinitely, it
reserved the right to change the plans or discontinue them. From this, we can say that the
company is entitled to discontinue the plan as part of its bankruptcy plan, but it must be
ensured that the accrued assets from the plan should be used to service the claims of the
people who had been covered by the plan.Also, from the information that was being
distributed to the employees in the form of the booklet, it can be seen that though the
company had intended to continue the plan indefinitely, it reserved the right to change the
plans or discontinue them. From this, we can say that the company is entitled to discontinue
the plan as part of its bankruptcy plan, but it must be ensured that the accrued assets from
the plan should be used to service the claims of the people who had been covered by the
plan.The 1980 booklet described insurance provided and carried the explicit disclaimer that
it was “ not the contract of insurance.” The booklet differentiated between different
categories of salaried employees and appeared to have been prepared for distribution to
both active and retired employees.The 1985 booklet was aIDressed specifically to retired
employees. Much of the information in the booklet made no distinction between the Welfare
Benefit Plan and the Pension Plan, and its summary of an alleged cancellation clause
referred to both plans.“ The Company fully intends to continue your plans indefinitely.
However, the Company does reserve the right to change the Plans, and, if necessary, to
discontinue them. If it is necessary to discontinue the Pension Plan, the assets of the Pension
Fund will be used to provide benefits according to the Plan document.” No similar clause
appeared in the 1980 booklet.While the company was undergoing court supervised
reorganization under Chapter 11 of the Bankruptcy Code, it decided to discontinue its
noncontributory insurance coverage for its retired employees.On the basis of the facts
presented, assess whether the company is free to discontinue its noncontributory insurance

3. coverage for its retired employees. Explain your conclusion and use applicable law to
support your response. (Points : 30)7. (TCO G) After noticing some items stolen from the
store, a manager asked an employee, Frank, to take a polygraph test. Frank refused,
claiming that he did not steal anything. Frank also reminded Jeff that he did not have access
to the area where the stollen items were kept. Jeff fired Frank because he refused to take the
polygraph test. Frank intends to file suit. Determine how the suit would be filed. Set forth
the legal basis for the suit. Assess the likelihood that Frank will prevail in the suit. Include
applicable law in your analysis. (Points : 35)8. (TCO H) Calvin Black was hired as the
manager for a law firm in June 1992. In his first year in the position, he created a time-
keeping system that saved the firm $13,000 per month, negotiated leases to lower rental
payments by $43,000, lowered client disbursement costs by $200,000, and reduced
overtime costs by $40,000. The firm’ s partners gave him a performance evaluation, stating
that they were “ very satisfied” with his performance. He received a raise of $4,600. After
about a year, Black developed a limp. When he consulted a doctor, he was informed that he
had multiple sclerosis. After his diagnosis, he informed his firm and requested that the firm
meet with his doctors to determine what measures could be taken to accommodate his
condition. One partner had one brief meeting with one doctor, who suggested the firm limit
the amount of walking that Black was required to do. The firm made no effort to limit
Black’ s walking, to move his office, or to rearrange his job. Instead, the firm assigned
aIDitional duties to him and urged him to cancel his vacation. On one occasion, a partner
told him to go home if he was tired, so he would not wear himself out and become
ineffective.In January 1994, Black was terminated because his condition affected his
performance and the firm claimed that his thinking was “ not as crisp as it needed it to be.”
After he was terminated, Black applied for and was granted disability benefits under the
firm’ s insurance policy, stating that he was “ unable to work long hours in a stressful job”
and “ needed a flexible work schedule.” He then worked as a consultant and enrolled in a
graduate program at a local university. Black brought a lawsuit against the firm under the
Americans with Disabilities Act. The firm argued that Black was precluded from bringing
suit because he accepted disability benefits. Explain how the Court should rule on Black’ s
claim. Determine whether Black has made a case under the Americans with Disabilities Act.
Assess whether Black can pursue an ADA claim notwithstanding accepting disability
benefits. (Points : 35)