Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964 (Fetal rights, 2009, Law Library).
Scenario 3:
NewCorp has a strong case that the nature of Paul's employment requires him to work in confined spaces and they are not in violation of his rights. Given that this is an essential aspect of Paul's work, and NewCorp has made reasonable accommodations to give him more space, they are not in violation of the American Disabilities Act, if Paul tries to claim that his claustrophobia is a disability. It is not a violation of the ADA to not hire someone with a disability if the disability interferes with critical aspects of the job.
Paul might have a case that the original location of the machine was dangerous, given that one employee was injured in the old location. If the employee was operating the machine correctly, yet was still injured, Paul could claim that NewCorp was careless regarding worker safety, although the current location has been judged safe by NewCorp inspectors. If the original location was also judged safe, Paul might be...
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