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Lilly ICOS is preparing to launch Cialis, a prescription drug that treats erectile dysfunction, and executives must decide how to position Cialis against market leader Viagra and recent entrant Levitra.

This case was developed from both secondary and primary sources. The secondary sources include journal and newspaper articles. Primary sources include court proceedings, industry reports and EEOC recommendations regarding disparate impact for major retailers. This case has been classroom tested with undergraduate BBA students in an introductory undergraduate Human Resources course.

In August 2019, Ms Ramos applied for an entry-level position at Stockworld; however, despite receiving an initial offer, Ms Ramos was notified soon after beginning the position that her job offer was being rescinded as a result of a completed background check. The Fair Chances Act for employment has challenged employers to “Ban the Box” that asks about criminal past acts before conditional employment offers. With increased demand for qualified applicants following and amid current labor shortages, proponents of “Ban the Box” challenge that including background checks before and even following conditional offers lead to disparate impact with Title VII protected classifications of employees. Can employers Ban the Box to prevent Disparate Impact for entry-level positions? What are the implications for eliminating criminal background checks?

This case was written for use in an undergraduate introductory human resource management course or general business law course. The focus of the case supports classroom discussion for online and face-to-face instruction regarding equal employment opportunity and employment decisions. The case also has strong application in course content regarding discrimination and strategic plans for organizational success. Educators who use critical thinking methods to apply hiring strategies or talent pipeline assessment can use this case to explore additional avenues for external recruitment and talent development.

The spread of bird flu outside of Asia, particularly in Africa and Europe, topped headlines in 2006. The migration of wild birds brought the virus to Europe, where for the first time it spread to productive livestock, bringing it closer to the Western world. Due to today's globalized and highly interconnected world, the consequences of a potential bird flu pandemic are expected to be much more severe than those of the Spanish flu, which killed 50-100 million people between 1918 and 1921. A vaccine for the bird virus is currently not available. As of July 2006, 232 cases of human infection had been documented, mostly through direct contact with poultry. Of those, 134 people died. The best medication available to treat bird flu was Roche's antiviral drug Tamiflu. However, Tamiflu was not widely available; current orders of government bodies would not be fulfilled until the end of 2008. Well aware that today's avian flu might become a global pandemic comparable to the Spanish flu, Roche CEO Franz Humer had to decide how Roche should respond. While the pharmaceutical industry continued its research efforts on vaccines and medications, Tamiflu could play an important role by protecting healthcare workers and helping to contain the virus---or at least slow down its spread. Due to patent protection and a complicated production process with scarce raw ingredients, Roche had been the only producer of the drug. Partly in response to U.S. political pressure, in November 2005 Roche allowed Gilead to produce Tamiflu as well. Even so, it would take at least until late 2007 for Roche and Gilead to meet the orders of governments worldwide. The issue was a difficult one for Roche: What were the risks; what were the opportunities? If a pandemic occurred before sufficient stockpiles of Tamiflu had been built up, would Roche be held responsible? What steps, if any, should Roche take with respect to patent protection and production licensing in the shadow of a potential pandemic?

Students will weigh the benefits of short-term profit maximization against the risks that a highly uncertain event could pose to a business and consider nonstandard approaches to mitigate these risks. Students will discuss the challenges of addressing low-probability, high-impact events; potential conflicts with the short-term view of the stock market and analyst community; and challenges of the patent protection model for drugs for life-threatening diseases.