Randall owns a chain of restaurants in the Tampa area. He intends to open a new location and puts an ad out for hiring. Five different individuals respond to his ad and express interest in the role. Randall needs help with the interviews so he asks a server in his restaurant, Cassandra, to assist him. She conducts the first round interviews and he conducts the second round of interviews so that he has a second opinion to consider. The first applicant, Miguel, is fluent in Spanish and English. He has prior experience as a server and can start right away. While Cassandra likes him as an applicant, Randall is worried that he will speak Spanish with all of the Hispanic kitchen staff and this will create a “clique” in the restaurant so he chooses not to hire him. The second applicant, Mary, is three months pregnant. She has no work restrictions and spent ten years as a server for Chili’s. Both Cassandra and Randall are afraid that Mary will decide she doesn’t want to return to work after having her baby so they reject her application. Marshall is the third applicant. He discloses during the interview that he has a heart condition that requires him to take medication every eight hours. He can work a standard shift but must be given a ten minute break during the time he needs to take his medication. Randall does not want to deal with the hassle of accommodating this break so he rejects Marshall’s application. Peter, the fourth applicant, is a retiree looking to take on a part-time server role to occupy his time during retirement. He has no medical restrictions but Randall thinks that because he does not really need the money in retirement and would rather be visiting grandchildren he will be an unreliable employee so he passes on Peter’s application. Sara is the final applicant. She is young but Cassandra thinks she is eager to do the job. Randall is concerned about her lack of experience, but notes that she is quite beautiful. He agrees to hire Sara as long as she is willing to get drinks with him after her shift. After the interviews are over, Cassandra receives her weekly paycheck and noticed that she received her standard salary of $7.25/hr for the week although with the interviews she worked 43 hours. She complains to Randall but he brushes off her concerns. Randall is about to be hit with some of the worst lawsuits of his life from this interview process and his insurance company is freaking out. Randall’s insurance company has hired you to let them know what potential liability might exist in this situation. Identify every potential legal claim you see from the fact pattern above, why the claim exists in this fact pattern, and the law under which the claim arises.
Randall owns a chain of restaurants in the Tampa area. He intends to open a new location and puts an ad out for hiring. Five different individuals respond to his ad and express interest in the role. Randall needs help with the interviews so he asks a server in his restaurant, Cassandra, to assist him. She conducts the first round interviews and he conducts the second round of interviews so that he has a second opinion to consider.
The first applicant, Miguel, is fluent in Spanish and English. He has prior experience as a server and can start right away. While Cassandra likes him as an applicant, Randall is worried that he will speak Spanish with all of the Hispanic kitchen staff and this will create a “clique” in the restaurant so he chooses not to hire him.
The second applicant, Mary, is three months pregnant. She has no work restrictions and spent ten years as a server for Chili’s. Both Cassandra and Randall are afraid that Mary will decide she doesn’t want to return to work after having her baby so they reject her application.
Marshall is the third applicant. He discloses during the interview that he has a heart condition that requires him to take medication every eight hours. He can work a standard shift but must be given a ten minute break during the time he needs to take his medication. Randall does not want to deal with the hassle of accommodating this break so he rejects Marshall’s application.
Peter, the fourth applicant, is a retiree looking to take on a part-time server role to occupy his time during retirement. He has no medical restrictions but Randall thinks that because he does not really need the money in retirement and would rather be visiting grandchildren he will be an unreliable employee so he passes on Peter’s application.
Sara is the final applicant. She is young but Cassandra thinks she is eager to do the job. Randall is concerned about her lack of experience, but notes that she is quite beautiful. He agrees to hire Sara as long as she is willing to get drinks with him after her shift.
After the interviews are over, Cassandra receives her weekly paycheck and noticed that she received her standard salary of $7.25/hr for the week although with the interviews she worked 43 hours. She complains to Randall but he brushes off her concerns.
Randall is about to be hit with some of the worst lawsuits of his life from this interview process and his insurance company is freaking out. Randall’s insurance company has hired you to let them know what
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