You are an attorney who has been visited by a potential client, Ann Abalos, who claims she was denied a promotion because she is Latina. The employer Shuffled Papers Inc., hires may people for an entry-level clerical jobs. In a metropolitian area with an 18 percent Latino population, the entry level is made up of 16 percent Latinos-160 of the 1,000 clericals. Persona promoted to supervisor come from the pool of clerical; other than promoting from within, no announced policy describes the promotion process. Openings are not posted, and people apparently are simply picked for promotion by the managers, who are predominately white and male. Only two of the 50 supervisors are Latino. Abalos asked her supervisor, Bernie Barker, if she could get promoted. He told her that he thought she was well qualified and that he would suggest her name to his manager. After several other people were promoted, Abalos asked Barker why she had not been chosen. He told her that she was in the running but had to wait until her turn came. In your initial discussion with the lawyer for Shuffled Papers, you were told that to be considered for promotion to. supervisor a clerical employee must have two years of college and three years of experience. All of the supervisors satisfy those prerequisites but some clericals, including Abalos also satisy them. Twenty percent of the whole clerical workers meet these minimum requirements, while only 10 percent of the Latino clerical workers have both three years of experience and two years of. college. Please answer the following:

1. What approach would you take to make sure that you did not miss any possible theories of recovery?
2. What information would you try to find out that might support what theories?
3. What information would you want to have to support a systemic disparate treatment claim?
4. What information would you want to know that may support a claim based on the disparate impact theory?
5. What information about possible defenses to all three theories would be desirable?
6. How would you go about creating a strategy that would successfully defend your clients as to each theory, taking into account the interrelationships among the three theories?