1. For anonymity, use your assigned test number which was mailed to you.

2. Put your test number on this page and on all bluebooks.

3. If you do not know your test number, you may obtain it in the Registrar's Office (Cindy Egeness) during the first 30 minutes of the exam period.

4. If you do not use your test number, you will be deemed to have waived your privilege of anonymous grading.

5. TURN IN YOUR BLUEBOOKS AND THIS EXAM AT THE END OF THE PERIOD.

GRADUATING SENIORS: IF YOU ARE A GRADUATING SENIOR, NOTE THIS FACT ON ALL BLUEBOOKS AND THIS EXAM PAPER. DO SO CONSPICUOUSLY.

TYPING AREA: If you are going to type your examination, the typing area is located in Room 230. You must return the exam to this room at the conclusion of the exam period.

SPECIAL INSTRUCTIONS

1. This is an open-book examination. You may use your textbooks, supplements, notes, and student-prepared outlines. You may not use commercial outlines (e.g., Emmanuels, Legal Lines), treatises, etc.

2. The exam has two questions. Each answer will be graded separately and so must stand by itself. Thus, do not rely upon, or refer to, anything in any other answer. You may refer to points made within any single answer.

3. The questions are of approximately equal weight. Please divide your time accordingly.

4. Please discuss all issues reasonably presented, even if resolution of some alone would resolve the problem. Specify all grounds and reasons which support your conclusions, including alternative grounds and possible contrary arguments.

5. Discuss only Employment Discrimination issues, i.e., do not discuss Constitutional, contract, or tort claims, etc., that we did not specifically discuss in Employment Discrimination.

6. Nuts and Bolts - Please:

a. Write on one side of each page only.

b. Type or write with a pen.

c. Use complete sentences (including subjects, verbs, and articles); I will not grade outlines.

d. Write legibly -- if I cannot read it, I cannot give you credit for what you have written.

FAILURE TO FOLLOW THESE DIRECTIONS WILL RESULT IN LOST POINTS.

QUESTION I

In September, Wanda Wilson was hired to work as an aide at Heaven's Doors Nursing Home, a 100-resident care facility for the elderly. Her boss, Hiram Holiday, owned Heaven's Doors, which was a for-profit corporation. Besides Wilson, Heaven's Doors employed 5 aides, a secretary/receptionist, a bookkeeper, a full-time nurse, a ½-time nurse, 2 cooks, and 3 housekeepers. Additionally, 12 individuals volunteered their services on a regular basis.

Although Heaven's Doors was not formally associated with a specific church, Holiday was a devout Christian, and stated that Heaven's Doors was "God's House." Holiday told Wilson that if she was unwilling to play by God's rules, he would fire her. Holiday conducted weekly prayer meetings in the staff lounge, which all employees were required to attend. Although Wilson attended the prayer meetings, unlike all the other aides, she never offered to lead the group in prayer. In December, Holiday told her that, based on her behavior, he believed that she worshiped Satan. He said that suicide would have been preferable to her continuing her life of sin, and that he would not allow the "evil spirit" that had taken her soul to continue to live in Heaven's Doors. Six months later, Holiday fired Wilson. Although he claimed performance deficiencies, he was unable to point to any specific problem areas. The day after Holiday fired Wilson, he overheard two other aides talking in the staff lounge. Rogelio said to Franny, "Holiday must have found out that Wanda is a lesbian." Wilson was, in fact, living with her long-term partner, Cerise, another woman. Before overhearing this statement, Holiday had not known about Wilson's personal life. Wilson was an atheist and did not worship Satan.

Does Wilson have any viable federal Employment Discrimination claims against Heaven's Doors? (Please discuss only issues that we addressed in this course.)

QUESTION II

In 1995, Brian O'Brien, a 45-year-old white male, was a bank teller at Last National Bank ("the bank"). When he was denied a promotion that year, he filed an age discrimination claim against the bank. O'Brien and the bank settled his claim, and the bank promoted O'Brien to the position of Accounts Manager. The bank's general manager, Janice Jamison, told Morty Miller, O'Brien's direct supervisor, that O'Brien was "a troublemaker." The next year, Jamison and Miller discovered that O'Brien was behind on processing approximately 50 accounts. Although Miller gave O'Brien a rating of "competent" in his annual review, Miller and Jamison presented O'Brien with a 60-day "action plan" to help him improve his performance. Under the action plan, O'Brien was to interact more with the employees in his department and to develop faster processing procedures. O'Brien objected, claiming that the delays were caused by the installation of new software. O'Brien began interacting more with the employees in his department. He did not, however, develop new procedures, focusing instead on learning the new software. Four months later, although processing had become more efficient, O'Brien still was behind on approximately 20 accounts. Jamison fired O'Brien.

The bank hired Norman New to fill O'Brien's position. New, a 40-year-old male, had recently completed the bank's two-year rotational training program. Because the bank used the rotational training program to recruit and train recent college graduates with accounting degrees, New was older than most of the individuals in the rotational training program. The average age of the program participants was 24. New had learned of the rotational training program through his sister, Janice Jamison, after he was laid off from his position as bank teller at a different bank. (The bank with which New was previously associated was not connected with the Last National Bank.)

Does O'Brien have any viable federal Employment Discrimination claims against the bank or against Jamison? (Please discuss only issues that we addressed in this course.)

WHEN YOU ARE FINISHED, PLEASE INSERT THIS EXAMINATION

IN YOUR BLUEBOOK(S) AND PLACE EXAMINATION

AND BLUEBOOKS IN BOX AT FRONT OF ROOM.

MAKE CERTAIN YOUR EXAM NUMBER IS ON ALL OF THE ABOVE.

HAVE A NICE BREAK!