Hypo 4: Kevin is a Black employee of an investment bank and has been working there for 10 years, earning praise from co-workers and positive employer evaluations. Kevin is one of only 2 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 applies 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 2 years. Jim and Jonathan went to the same college for their undergraduate degree and often socialize 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 qualified but that he gave the promotion to 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 alleged victim be protected by law should the victim take the claim to court? Explain.

3. Is a legal claim the best approach for the victim to achieve their goals here? Explain.

4. Role play the scenario - each student should play a role in the hypo and talk through how each party would approach this problem

please answer all 4