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1.United Shipping Company (USC) operates a package delivery business similar to and UPS. 95% of USC's driver/delivery employees are male. USC requires applicants for these

1.United Shipping Company ("USC") operates a package delivery business similar to and UPS. 95% of USC's driver/delivery employees are male. USC requires applicants for these positions to take a test to demonstrate they can lift a 200-lb box and carry it while walking briskly for 25 yards.Assume that USC can show that there are both male and female applicants who fail this test, that many more of its female job applicants fail this test compared to male applicants, and that all of its male hires passed this test.Two female job applicants who did not pass this test and were not hired by USC filed a class action on behalf of female applicants claiming that USC discriminates against women applicants for the driver/delivery jobs. What arguments can the female plaintiffs make and what evidence they would need to present to have a successful discrimination claim.

2.Michelle Garnaut is a celebrity chef who operates "M on Market," a very high end and successful restaurant in San Francisco.Her sister Mandy was always jealous of Michelle when they grew up together, and became even more jealous when Mandy's modest neighborhood restaurant failed and went out of business.In her anger, Mandy posted 3 reviews of M on Market on the Michelin Guide website, under fake names over a 10-day period, falsely claiming that each purported customer had become seriously sick after dining at that restaurant.M on Market's reservations declined by 20% for six months.Assuming that good computer forensics could establish that Mandy posted the fake reviews, discuss what claims Michelle could bring against the Michelin Guide and/or Mandy, and what damages, if any, she likely could recover.

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