Jasen C. Borne has applied for a job as a security guard at Treadstone Security (“Treadstone”),
which is located in California. Borne has been waiting for a week to hear back from Treadstone
as to whether he got he job.
Please, select the answers.
28. During Borne’s interview for the job he was asked questions by Treadstone’s head of security
Pam Landee. He wants to know if any of these questions are illegal.
A. Is he a Roman Catholic as Treadstone has assignments on Christmas Eve
B. Is he from Brazil as he listed on his application an alias of Gilbert de Piento
C. Does he have a mental disability such as memory loss as all employees must be alert
D. All of the above
E. None of the above as an employer has a free speech right to inquire about an
applicant’s qualifications before being hired
29. If Ms. Landee implied Borne would get the job if he engaged in a “one-on-one covert
operation with her at the W Hotel” then:
A. He may have a claim for a hostile work environment.
B. He may have a claim for a quid pro quo harassment.
C. A and B
D. He doesn’t have any claims based on pre-hiring speech of an employer.
E. Borne needs to get over his feelings for his ex Nicky Parson and have some good times
at the W.
30. Borne was born on September 13, 1970. He has done some research and discovered
Treadstone has never hired someone born earlier than 1980. Borne’s skills include expertise in
hand-to-hand combat, firearms, explosives, knives, and speaking many languages. He was
trained by a former CIA agent. If Borne isn’t hired, what best describes a claim of age
A. He is not old enough as he isn’t 50.
B. He can state a claim based on his age and apparently superior skills for the position.
C. If the job is at-will this would bar such a claim.
D. A and C
E. He should speak with his mentor Professor Spectre.
31. If Borne is hired and ultimately Treadstone finds out he lied on his resume as his real name is
David Webber then:
A. Nothing can happen to his employment.
B. If Treadstone received false I9 documents from Webber, this could lead to his firing.
C. Treadstone may try to use this as after-acquired evidence if Borne is fired.
D. B and C
E. He should take this matter to the U.S. Supreme Court because it isn’t fair for the
President to have a fake birth certificate and retain his job, and for Borne to have no job.
32. If Borne files an age discrimination lawsuit and loses and Treadstone were to then sue Borne
for malicious prosecution:
A. Borne better have a good bankruptcy attorney.
B. Borne better find a good malpractice attorney.
C. Borne should find a good attorney to file an anti-SLAPP motion under CCP § 425.16.
D. Borne should tender the lawsuit to his EPLI carrier.
E. Borne should forget his troubles and come watch UCLA’s 2013 football team capture
the BCS Championship.
33. If Treadstone had used a word-of-mouth hiring practice whereby only friends of employees
were hired and all the guards were from the Ukraine, then Borne who is from Mississippi:
A. Can claim such a policy is illegal based on disparate treatment
B. Can claim such a policy is illegal based upon disparate impact theory
C. Can claim such a policy violates the First Amendment
D. All of the above
E. Should buy the series Friends and relax with Eli Manning and his other pals from