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?
Unit 8 Assignment : Agency and Employment– 100 points
Category Description Weighting Possible
Points
Points
Earned
Sentence Mastery
Sentences are consistently
grammatical. Major sentence‐level
errors including fragments, runons,
and comma splices are
avoided.
Sentences are graceful, i.e., they
can be read aloud without
awkwardness, awkward pauses, or
running out of breath.
Language is rich, precise, and vivid.
10%
10
Grammar and
Mechanics
Spelling is proficient. Spellcheck
has been used to avoid egregious
errors.
Grammar and mechanics are
sound, including mastery of the
following key elements: subjectverb
agreement; verb form;
appropriate punctuation and
capitalization; apostrophe use;
appropriate word use.
There are no extra words and
there are not missing words.
10%
10
Organization and
Format
Organization and structure are
clear and easy to follow. Writing
shows clear purpose and orderly
transitions from beginning to end.
Sentences consistently establish this
organization and flow rather than
interrupt it.
Format meets APA guidelines and
Bluebook rules as appropriate,
including use of title pages. There is
no playful experimentation with
fancy fonts.
It is written for the appropriate
audience.
10%
10
Citation Style
Writing shows both internal citations
in the body of the text as well as a
proper list of references at the end of
the paper, following APA or Bluebook
format.
Citations appear consistently where
needed, whether following quoted or
paraphrased material in the text.
Note: In papers requiring secondary
sources, failure to provide any
citation does not result in a
deduction of 10% from the paper, but
will result in a failed paper and a
plagiarism investigation.
10% 10
Content
Based on the Unit 7 Assignment :
PART I:
Did CARDWARE have genuine
BFOQ’s (Bonafide Occupational Job
Qualifications) in its ad?
Has the student reviewed and
incorporated the company’s slogan
as given in the above facts?
Has the student discussed both
Petunia’s point of view as well as
CARDWARE’s position and
defenses?
Has the student legal authority to
support your position as well.
PART II:
If Petunia brings a law suit based
on negligence against CARDWARE
and “The Sporty One,” will
CARDWARE be responsible for
Noah’s behavior? Under what
theory. (Note, student should
discuss respondeat superior)
What defenses might CARDWARE
assert?
If Hetty Black’s estate claims that
CARDWARE should be responsible
for Hetty’s death, will it?
What defenses might CARDWARE
utilize?
60%
60
Total: 100% [100] [ ] Points
Possible
Points
Earned
Additional Instructor Comments:
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