Employment discrimination claims under Title VII are analyzed primarily through use of several theories of discrimination and applicable employer defenses. It is important for business owners and managers to understand this analytical model because learning to recognize potential workplace discrimination is critical to limiting their company's liability. Read the following case facts and analyze the various scenarios using applicable theories of discrimination and appropriate defenses.

Read the case below and answer the questions that follow.

Alpha Omega Consulting (AOC) is a management consulting firm with 250 employees working in 12 offices throughout the United States. Arthur Cadmus, a partner at AOC, was recently retained by Software Industries (SI), a large high-tech firm. The work requirements for this new client require that Cadmus select an AOC associate to be promoted to senior associate and assigned to work for him on handling various tasks associated with SI's acquisition plans.

Several associates responded to an e-mail posting for the promotion. Cadmus gathered the names and qualifications of what he considered the top three candidates. Being selected to work on the SI account was highly prestigious and would likely result in a bonus. During a meeting with AOC's managing partner, Cadmus considered the following candidates and commented on each regarding their suitability for the position.

• Helen, 24 years old, white female. "Helen's skill set is a great fit and I know she'd make an excellent senior associate for this assignment. But I am very concerned about one fact. Many assignments for SI require working late hours into the night at offices located in New York City. She'll have to make her way back to the parking lot or mass transit late at night, and it is not safe for a young woman to be walking alone at that hour. If she's mugged, I definitely don't want that on my conscience."
• Ernesto, 31 years old, Latino male. "Ernesto definitely has the intelligence for the position, and his experience is directly relevant. The one problem is his shoddy appearance. He keeps his hair too long and his suit and tie are always stained with food and is often wrinkled. He's a great worker inside, but this assignment involves a lot of client contact and his appearance borders on unprofessional. Besides, the last time I worked with him in the Miami office he felt free to joke and speak in Spanish with co-workers without telling me what he was saying. I always felt that he was talking about me, and I am definitely not putting up with that on this assignment."
• Lian, 35 years old, American male of Chinese origin. "Lian has proved himself as a good worker and the fact that he is fluent in Chinese will help us out a lot given that Software Industries is forming joint venture partnerships with a company in Beijing. My only concern is that the last four promotions were all candidates with Asian heritage. If I select Lian, I'm concerned about how that will impact other employees and perhaps open us up to a lawsuit."

If Cadmus selects Lian and is sued for discrimination by Helen and Ernesto based on disparate impact, name and explain any possible defenses that Cadmus could assert.