Carla Thomas V. Cara Alvarez

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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) Denora Sarin, a Cambodian immigrant and a practicing Buddhist, was employed as a systems engineer with Raytheon Company. Shortly after Sarin was assigned to work on a particular project,…show more content…
Sarin was extremely disturbed by the incident and took the rest of the day off. When he returned to work the next day, Goldberg had been transferred to a different work area. Goldberg was subjected to a discipline hearing because of Sarin's complaints. Goldberg denied Sarin's allegations, and there were no other witnesses of the incidents. No discipline was imposed on Goldberg, but he was warned he would be severely disciplined if he harassed Sarin in the future. Sarin continued to experience anxiety attacks, and suffered chest pains; he denied the company's offer to change shifts because the net shift would still overlap with that of Goldberg. On the recommendation of his doctor, Sarin resigned from his job. Sarin then filed a complaint with the state EEO agency and with the EEOC, and later filed suit against Raytheon under Title VII. Identify the possible claims under Title VII discrimination available to Sarin and assess the likelihood of prevailing under the claims. Determine whether Raytheon should be held in violation of Title

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