[Your name]
Supervising Attorney
Martin v. City Airport; 42 U.S.C. § 2000e
We represent Jake Martin. Jake is a 25-year-old American citizen. He is olive skinned, 6 feet 3 inches, 220 pounds with thick dark hair and a full beard. Jake applied for an airport security position. He stated that he has filled out all forms. He was informed that he will not be hired. Jake's mother lives on an Indian reservation within five miles of the airport security position. Jake argues that he is being discriminated against under 42 U.S.C. § 2000e-2(a)(l). Jake wants a job with airport security.
You are to consider only the following statutes. Do not bring in any outside facts or law.
Statutes:
42 U.S.C. § 2000e-2
(a) Employer practices
It shall be an unlawful employment practice for an employer...
(1)To fail or refuse to hire or to discharge any indi¬vidual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin;....
(g) National security
Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge an individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if....
(1)the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and
(i) Businesses or enterprises extending preferential treatment to Indians
Nothing contained in this subchapter (regarding na¬tional security) shall apply to any business or enterprise on or near an Indian reservation with respect to any pub¬licly announced employment practice of such business