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Review the following basic fact pattern, and answer each short essay question below. Your answer to each question should have two parts. First, identify any legal issues presented. And second, describe whether and why, under the facts given, you may or may not face legal liability. Specifically identify any constitutional provisions, federal laws, state laws, regulations, or common law tort claims you feel may be implicated.

Your responses to each question below should be no more than 2-3 paragraphs of 3-4 sentences apiece. Avoid narrative responses. Identify each legal issue, and briefly describe whether you feel liability may or may not be imposed.

Basic fact pattern applicable to all questions:

You are the human resources manager at a large law firm. You have been asked to hire a receptionist. The essential functions of this position are: (1) redirecting telephone and written correspondence; (2) greeting clients and other visitors; and (3) performing assorted office tasks, such as copying, faxing and drafting letters and emails. You have an immediate supervisor – an office manager – but you will be making the hiring decision and managing the receptionist. You initially have five applicants, and you ultimately hire a female applicant.

You are aware that the receptionist will have immediate contact with clients, some of whom are angry and combative. The receptionist also has access to some sensitive information (client secrets and privileged information) and firm financial information (bank statements and a petty cash drawer and ledger).


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