Scenario

AND, Inc. is an IT firm with 22 employees and 32 independent contractors. All of the employees and independent contractors are of South Korean descent. AND wants to hire one person for quality assurance and one for coding. It intends to hire an employee to fill the position of full-time quality assurance associate. It intends to hire an independent contractor for the coding work. Smith, a white male applies for the coding work. Jones, a black male, applies for the quality assurance position. Neither Jones nor Smith is hired. Both learn that AND, not only has a history of only hiring South Korean descent people, but that it, indeed, hired South Korean descent people for the positions.

Analysis - present the legal arguments related to the question. This should be very thorough. Make sure to include the analysis elements listed below as well as citations for the legal concepts used.

Analysis Elements

What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., -- in some cases more than one law will apply)

What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-

What is the evidence to support it?