Hypo 3: A small household staffing firm has recently realized it needs to change its marketing. The firm is owned by Anthony, a 60-year-old who has done this work for many years but has recently expanded by hiring several new staffers - six employees in total. Three of the employees work on recruiting customers; two employees work on recruiting household aides, house cleaners, and nannies; and one is the administrative assistant for the firm. Anthony has primarily run his business on word of mouth and customer recommendations, but with the expansion, he wants to begin marketing his services more directly. Anthony knows he needs to hire someone savvy in online marketing and particularly about marketing on social media platforms, where most people go to find household help. He posts several ads saying: "Marketing specialist wanted. Must have a fresh approach to online marketing, tons of energy, and be open to new ways of using social media." Anthony receives 50 resumes and interviews ten people. All but two of the candidates he discusses are under 30. The two older ones are both 45 years old. Both have significant marketing experience, including online marketing. Anthony asks those candidates several questions about whether they understand how young people use social media and the new approaches to online marketing. Anthony ultimately hires Tom, a 23-year-old with only one year of experience in marketing but who has a considerable following on Instagram. Tom indicated in his interview that he plans to take an online course in marketing in his first month on the job. The two older candidates happen to know each other and begin discussing their interview experiences. They are highly frustrated and want to do something about it - they are contemplating a lawsuit but are also thinking about posting online about their experiences. Do they have a claim? What if they don't have much experience in social media marketing but expressed an interest in learning and both had plans to take courses immediately?

1. What is the federal statute and identity characteristic at issue? Explain. 2. Would the law protect the alleged victim? Should the victim take the claim to court? Explain. 3. Is a legal claim the best approach for the victim to achieve their goals? Explain. 4. Role-play the scenario - each student should participate in the hypo and discuss how each party would approach this problem. (type Yes or No)

Hypo 4: Kevin is a Black employee of an investment bank and has been working there for ten years, earning praise from co-workers and positive employer evaluations. Kevin is one of only two black employees in his department. All of the senior managers are white. Kevin has received some mentoring but often feels like he is not included in the casual socializing during and after work that seems to happen around him. Kevin has been looking to move up for the last 18 months, and when his immediate supervisor retires, Kevin will apply for a promotion to that position. The decision will be made by Jim, a senior executive who is relatively new to the bank and does not know Kevin well. Kevin is denied the promotion. The job is given instead to Jonathan, a white man who has been at the bank for only two years. Jim and Jonathan went to the same college for their undergraduate degree and often socialized after work. Their college has a "University Club" in the city in which they work and often holds happy hours and other events they both attend. Both Kevin and Jonathan are qualified for the promotion. When pushed, Jim acknowledges that Kevin is more than capable but promotes Jonathan because he knows him well, feels comfortable working with him, and has a good "gut feeling" about his abilities. Is this discrimination? Is it unlawful? If Kevin is upset about this, what options does he have?

1. What is the federal statute and identity characteristic at issue? Explain. 2. Would the law protect the alleged victim? Should the victim take the claim to court? Explain. 3. Is a legal claim the best approach for the victim to achieve their goals? Explain. 4. Role-play the scenario - each student should participate in the hypo and discuss how each party would approach this problem. (type Yes or No)