10. Hank is a homophobe who owns a gas station outside of Glassboro. He employs 17 people at the gas station. Curtis is a jay man who applies for work at the gas station. Hank tells Curtis that his is a family-owned business that has never hired jay people and he plans to keep it that way. When Curtis protests, Hanks says, "Easy fellow. I am a religious man, and my faith tells me to not condone your lifestyle. I got my First Amendment rights." Hank refuses to consider Curtis for employment because he is jay. Under which type of discrimination statute that was discussed in class can Curtis sue successfully?

a. Either federal or state anti-discrimination law b. Under federal anti-discrimination law c. Under state anti-discrimination law d. Curtis cannot sue at all because Hank is asserting his First Amendment rights.

11. Same facts as in Question 10, but this incident occurs in 2012 instead of 2022. Would your answer to Question 10 be different in 2012? Explain why or why not.

12. Same facts as Question 10 and 11. What type of discrimination is Hank practicing?

a. He's not practicing any type because the First Amendment allows him to follow his religion in hiring decisions. b. mixed motives c. disparate treatment d. disparate impact