Question
1. Jameson was recently fired from his position of master distiller at Brothers Brewing, a traditional Irish brewery. Jameson believes the firing was due to
1. Jameson was recently fired from his position of master distiller at Brothers Brewing, a traditional Irish brewery. Jameson believes the firing was due to him being a Scottish immigrant among the Irish family run brewery. What additional information from Jameson will you need to know to determine if there is a claim under Title VII? If Jameson does have an actionable claim, what is the first procedural step to seeking a remedy under Title VII? Would a court classify this as a disparate treatment or disparate impact case and why would they make that classification?
2. Ms. Layla saw an ad for a job precisely hand pouring candles at Scentsational Candles, a local candle maker and wholesaler. Layla applied for the job by sending in her resume and completed application form. Danya, the manager of Scentsational Candles sent back a set of tests for Layla to complete. The three tests involved complex trigonometry, a detailed personality inventory, and a motor skills test. Layla learned that her friend Mr. Ed also applied for the job and only had to take the motor skills test. Which if any, are most likely to bear a relationship to job performance? What legal argument would Scentsational Candles need to make in order to continue to legally use all three tests? Would a court classify this as a disparate treatment or disparate impact case and why would they make that classification?
3. Teresa is one of twenty bank tellers at Local Bank, which has recently decided to open all its banks on Saturdays. Teresa is a devout Jew and informs her manager, Peter, that she cannot work on Saturdays at it is the Jewish Shabbat, or Sabbath day. Peter knows that there are other bank tellers at Local Bank that could work the Saturday shifts, but tells Teresa she must work Saturdays to keep her job. Under Title VII, what type of discrimination might have taken place? Did the employer reasonably accommodate the employee's religious practice? Did Teresa's request for accommodation for her religious practice amount to an undue hardship for the business?
4. Bella and Bill are both newly hired race car drivers for Team Ten. Both drivers have six years of professional experience and equal physical and mental ability to do their work, the only difference being their sex. Team Ten had advertised it was looking for new drivers with exceptional talent, a good winning record and competitive attitude. Bella recently learned that Bill, a man, earns $150,000 a year while Bella, a woman, only makes $125,000 a year. Is this likely to be a violation of the Equal Pay Act? Why or why not? What will a court look at to determine if the jobs are equal and similar? What defenses can be used by Team Ten to justify the difference in pay?
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