Cardigan History
The Cardigan family has made a name for themselves in the
sweater industry whereby they have designed sweaters for a
variety of uses and for a wide target audience ranging from toddlers
to business professionals. Cassandra, whom everyone calls
Cassie, is the CEO of CARDWARE Inc., Camoni is the
spokesperson for the sweater line, and Candie models the lines in
the professional sphere. They often use their mother, Camille, as a
business consultant for input about various new ideas and
marketing because she was the manager and agent of her son’s
glove company. Cora and Caley, Camille’s two youngest daughters
from her second failed marriage to Bo Jenkins, are co-office
managers of their headquarters located in Silkadonia.
CARDWARE is growing by leaps and bounds. It has now opened
10 new stores nationwide under the name “The Sporty One.” It has
been agreed by the Board of Directors at CARDWARE Inc. that
each store shall have a general manager and assistant manager
who both were to act as sales persons and one additional sales
person. The slogan the store advertises its sports ware with is “You
don’t have to be an athlete to look and feel like one.” The current
sports ware that “The Sporty One” carries shows a clothing
distribution of 60% for females and 40% of its line is for males.
However, it would eventually like for it to be a 50/50 distribution.
The Cardigans research has demonstrated that the trend has been
more female than male shoppers. Further, following the marketing
theory of many high end clothing stores, CARDWARE prefers
slender, young employees to work for it, so that the clothing line
can keep with the image of being sporty.
Petunia Rotunda, a middle aged, slightly plump woman saw an ad
online for a salesperson for The Sporty One and applied for the
position. The ad read as follows:
WANTED: Salesperson experienced in retail sales or
marketing preferred, energetic, youthful, athletic, and able to
“sport” the clothing lines of The Sporty One with style. The
Sporty One is a division of CARDWARE Inc. and proud to be
an Equal Opportunity Employer.
Petunia has had 5 years of retail experience working in a garden
shop that did have some flannel shirts and aprons as well as
gardening gloves for sale. Noah Dahl, a college graduate in
marketing also saw the ad and applied for the salesperson position
at The Sporty One. Noah, a slender racquetball player has not had
any retail experience but has had customer service experience for
an online gaming company.
After interviewing both applicants, CARDWARE’s General
Manager, Chloe, one of the cousins of the Cardigan clan has
decided to hire Noah. Petunia was outraged claiming that she
should have been hired and that she has been discriminated
against based on her age. CARDWARE contends that Noah was
more qualified as per the advertisement as well as company image
and future plans for the company; age had nothing to do with it.
Noah began work the following week. Still angry, Petunia visited
The Sporty One. She began to harass Noah to the point where
other customers started to leave the store. Having had enough
insults, Noah grabbed Petunia by the arm and shoved her towards
the door. She stumbled and ran into one of the clothing racks and
thereafter knocked over 92-year- old Hetty Whitestone who was
passing by the mall store. Hetty suffered a concussion and died.
Using the above facts given, please label with headings and
discuss the following in this order:
PART I:
Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job
Qualifications) in its ad?
Do not forget to review the company’s slogan as given in the above facts.
Be sure to discuss Petunia’s point of view as well as CARDWARE’s position
and defenses.
Use legal authority to support your position as well.
PART II:
If Petunia brings a lawsuit based on negligence against CARDWARE and The
Sporty One, will CARDWARE be responsible for Noah’s behavior? If so,
under what theory?
What defenses might CARDWARE assert?
If Hetty Whitestone’s estate claims that CARDWARE should be responsible
for Hetty’s death, will it?
What defenses might CARDWARE utilize?
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American Psychological Association. (n.d.). Frequently Asked
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