1. If Curt files suit against Cleaning Inc. for discrimination, what statute will he be relying on and what is his probable theory of discrimination?

2. What would Curt need to prove in order to shift the burden to Cleaning Inc.?

3. What is the company’s best defense to a charge of discrimination?

4. In order to file the complaint against Cleaning Inc., what procedures must Curt follow? May he file a lawsuit immediately

5. Assume that Curt was not promoted because he was undergoing a series of sex change procedures and that other employees were uncomfortable with him. Is Curt protected under federal antidiscrimination statutes? Why or why not?

6. Applying the same facts as in Question 5, now assume Curt filed suit in a state that had a statute similar to New Jersey’s antidiscrimination law (as seen in Case 12.5, Enriquez v. West Jersey Health Systems). Would Curt be covered under the state law? Why or why not?

Hudson runs a successful business operation called Cleaning Inc. and employs a workforce of over 100 people in various positions. The company has contracts with several companies to provide office-cleaning services. One employee, Curt, had been with the company for almost two years when he applied for a supervisory position. The position involved higher pay and better benefits. Although he was qualified to be a site supervisor, Curt was not promoted. Cleaning Inc. explained that only a woman could be hired because the position involved regular searches of the women employees’ locker room to look for any items reported stolen from cleaning sites.