Please use the following hypothetical scenario to answer the
following 5 questions. Each question is worth 20 points for a total
of 100 points. When complete upload your document to the dropbox
below.
Scenario
Janet Johnson, an African American woman, has been working at
the Tennessee Hydroelectric plant for 15 years. During that time,
his performance reviews have been exemplary. She decided to apply
for the new plant foreman position. Although she felt that she was
eminently qualified for the position, she also was growing tired of
a certain good old boy culture at the plant. For years, the plant
has had a culture of highly lewd “jokes,” and many of the employees
had also engaged in inappropriate touching of female employees. The
plant had an anti-harassment policy on record, but Janet’s boss
shrugged and said “boys will be boys” when she reported the
harassment to him.
Competition for the position was fierce. But ultimately, Jose
Martinez, a Chilean man, received the position. Jose had 7 years of
experience. Unbeknownst to the applicants the promotion board
secretly ran a credit check on the applicants. Janet credit score
came in as lower as average, and this factored into the board’s
decision. Although he met the qualifications of the position, one
of the hiring managers told Janet in confidence that Janet was the
most qualified person for the job. And the other managers had
applied a racial preference on Jose’s behalf due to there never
having been a Latino manager at the plant even though Latino’s
represented 35% of employees at the plant. Janet sues the plant for
disparate treatment, disparate impact, and sexual harassment under
Title VII.
Questions List the elements of disparate treatment and apply
them to this case. Can Janet prove a prima facie case? How would
the plant rebuff these charges? Who would ultimately prevail? List
the elements of a disparate impact case and apply them to this
case? Will Janet prevail on this charge? List the elements of the
sexual harassment case and apply them to this case? Can the plant
establish an affirmative defense? If the plant argues that it
applied a racial preference to Jose to correct a manifest imbalance
at the plant of underutilization of certain minorities, will the
plant prevail? Why or why not? Was it legal to use the credit check
as a factor in the promotion decision the way that it was done
here? Why or why not?
Grading Criteria Assignments Maximum Points Meets or exceeds
established assignment criteria 40 Demonstrates an understanding of
lesson concepts 20 Clearly presents well-reasoned ideas and
concepts 30 Uses proper mechanics, punctuation, sentence structure,
and spelling 10 Total
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