1. Dale has applied for a custodial job at your business and has been rejected. He believes that his rejection is because of his Arab heritage. He can show two years of custodial experience (in his past) and has successfully performed each job listed in the job description. He subsequently discovers that the position continued to be advertised after his rejection. When he files a complaint alleging disparate treatment discrimination with the Equal Employment Opportunity Commission (EEOC), you assert that Dale did not meet the qualifications, which included a minimum of 10 years of experience and a high school degree. How should the court decide this case?

Has Dale met his prima facie case requirement under the McDonnell Douglasstandard (overt and intentional discrimination)?

Does his Arab heritage make him a member of a national origin-protected class?

Discuss whether courts may find the employer's reasons (your reasons) to be a pretext.

Do you think Dale will win his claim? Why or why not?

1. Assume Dale won his EEOC claim and remains employed in your business but has just been diagnosed with diabetes. He has the disease under control through diet, exercise, and drugs. He is a good worker, fully capable of performing all his job functions, and he needs no accommodations. (Dale rides a bicycle over 100 miles weekly and regularly works out.) When he applied for a promotion that would necessitate more working hours, your business turned him down because there were management concerns that his diabetes could affect his job performance.

Is Dale disabled, and do the Americans with Disabilities Act (ADA) afford him any protections?

Discuss your answers.