Psychological Counseling

Question 1

Hypothetical Fact Scenario: Stacey request the Federal Bureau of Investigation to provide all records maintained on Cynthia, an applicant for employment with her company. This request is denied. Stacey believes the decision was incorrect. Unbeknownst to her, Cynthia is currently being investigated by the FBI. Stacey has a friend, Wendy, who works at the Department of Human Resources. Wendy checks her office’s records and discovers an application for benefits filed by Cynthia. In that application Cynthia states she is receiving psychological counseling for an attempted suicide. Wendy provides the information to Stacey.

DISCUSSION: Was Stacey’s request properly denied? If so, why? If not, why not, and what remedies would be available to Stacey? If Cynthia discovers Wendy’s disclosure, will she be able to assert that the disclosure was improper? If so, how will she connect her allegation to the law? If the disclosure was improper, what remedies are available to Cynthia? If the disclosure was improper, what facts could you change to make the disclosure proper? Discuss which Acts might apply and how they might apply.

Question 2

INSTRUCTIONS:

1. Read Fariss v. Lynchburg Foundry, 769 F.2d 958 (4th Cir., 1085).
2. In a one-to-two page paper discuss the following:
   1. Why is it particularly important that a discrimination case be able to continue after the death of the victim?
   2. Do we know whether Lynchburg Foundry acted in a discriminatory manner? Is it likely whether that will ever be determined in court? Why?
   3. Is it fair that Fariss cannot recover what the life insurance would have paid if Fariss had died while employed? Why?
   4. What is the purpose of “liquidated damages” as described in this case, and why does the court think Fariss should not qualify for liquidated damages?