Ryan, the owner of a nightclub, wants to discipline two of his waitresses for gaining weight and therefore no longer fitting the mold of the other

Assignment 2:

For each assignment in this course, you will be presented with two questions: A legal question and a practical advice question.

For the legal question, please answer the question using appropriate case law and/or statutory law. You do NOT need to use a full-fledged IRAC-type essay, but you should clearly identify the legal issue, cite appropriate authority and properly apply the authority to the question at hand.

For the advice question, you will be asked to suggest how an employer should undertake an action or policy in a way that is legal and appropriate. You do not need to cite authority (though you may), but your advice should be consistent with the principles you learned in this course.

Legal Question

Oliva runs an advertising agency and is trying to decide whether to assign Benjamin (a man) or Mia (a woman) to a new advertising account for a national makeup line. Oliva believes that they both are strong candidates, so she decides to present the two of them to the client for a final decision. The client says that because this work relates to makeup, he would prefer working with Mia instead of Benjamin because she is a woman and it is therefore more likely that she would have used the products. Based on this conversation, Oliva assigns Mia to the account. Is Oliva’s conduct in this matter legal or illegal? Please discuss, using applicable legal authority.

Advice Question

Ryan, the owner of a nightclub, wants to discipline two of his waitresses for gaining weight and therefore no longer fitting the mold of the other “svelte and statuesque” runway models who work there. May he do so? Explain under what circumstances he may do so.


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