1. James applied for a management position in Ames Department Store. After completing the application and taking two interviews - James was asked to take a math test and general aptitude test. As a result of his score - he did not get the job. Could James sue for discrimination? If yes, why and if no, why not? Be sure to provide the requirements for employers when giving such tests and, how they can make sure they are valid and not discriminatory.
2. Benjamin, one of the managers at Ames Department Store, likes to hug employees in the morning and management has advised him against this practice. Ben has had counseling and was made to watch videos that demonstrate appropriate touching and actions per sexual harassment in the workplace. Benjamin is mentally challenged, and most employees understand his limitations. A new employee files a lawsuit alleging Benjamin sexually harassed her and, the company was negligent in hiring him because of his direct threat to other employees. What forms of sexual harassment discrimination exist today and, would the employee have a winning lawsuit? Why or why not?