LGS 200 Chapter 21: Employment Discrimination
Tammy, age sixty-three, works for Westcon, Inc. Tammy has been showing up for work late, and has a habit of placing confidential work files on her personal computer in violation of company policy. Jack, Tammy's manager, fires Tammy for these reasons. Jack also considers an incidental benefit of Tammy's discharge the fact that they can get someone younger in Tammy's position. If Tammy files an Age Discrimination in Employment Act (ADEA), she will:
be unsuccessful in court because Tammy's age was not the "but for" reason for her discharge.
Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of:
disparate-treatment discrimination.
The University Smyth has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy is likely a violation of the:
equal protection clause.
Mary is a data-entry employee at Computer Services, Inc., a small computer company. Mary's sole job is to input information into a computer from paper invoices and spreadsheets. Mary develops chronic carpel tunnel syndrome, rendering her unable to type. As a reasonable accommodation, she requests that her employer hire a new employee to do the data entry on her behalf. Mary's request:
is not a reasonable accommodation because Mary's request would place an undue hardship on the company.
Executives at MegaCorp refuse to promote Nora, and then fire her, because of a preference to have only men in top leadership positions. Nora files a lawsuit against MegaCorp claiming sex discrimination. During the lawsuit, MegaCorp learns that Nora had been stealing company assets for five years. A possible outcome of this information may:
limit the amount of damages for which the employer is liable.
Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church:
may assert a bona fide occupational qualification (BFOQ) defense.
Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer:
might be engaged in disparate-impact discrimination.
Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as:
quid pro quo harassment.
Wally is blind and would like to work for the Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. The Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated:
the ADA.
Sarah is employed at Tulip Factory, Inc., as an accountant. Sarah takes military leave and two months later returns from military service. Tulip Factory managers offer Sarah a new job as a junior bookkeeper. This decision:
violates the USERRA because returning service members are to be reemployed in the jobs that they would have attained had they not been absent for military service.
Kurt is fifty-two years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he:
was replaced by someone who was below the age of forty.
