Rhonda is hired by Sandley Vacuum Sales as a door-to-door salesperson without conducting any form of background check. Rhonda has a record of physically assaulting people who displease her. On her first day of work, she physically assaults three women who decline to purchase her products after she spent over an hour trying to convince them to buy her products. If the victims sue Sandley Vacuum Sales, do they have a reasonable chance of prevailing?
Kellie was employed with the Western Phone Company as a telephone operator for ten years. Bored with this job, she applied for a job position within the same company as a telephone repairman which paid $10 per hour more than she was currently earning. This position required the employee to be able to climb to the top of a telephone pole wearing a tool belt weighing approximately 15 to 20 lbs to make repairs. The Western Phone Company refused to admit Kellie into the training program for the position claiming that she was incapable of performing the duties of the position because she was female. Discuss this scenario from both Kellie’s and the Western Phone Company’s point of view. Include the basis for the relevant claims and defenses.