Week 5 Scenario

Anonymous
timer Asked: Jan 3rd, 2019
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Question description

  • 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

  1. 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?
  2. List the elements of a disparate impact case and apply them to this case? Will Janet prevail on this charge?
  3. List the elements of the sexual harassment case and apply them to this case? Can the plant establish an affirmative defense?
  4. 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?
  5. 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?

Tutor Answer

NicholasI
School: University of Maryland

Hi, kindly find attached

Running head: DISPARATE TREATMENT

1

Disparate Treatment
Affiliate Institution
Student’s Name
Date

DISPARATE TREATMENT

2

In this case, disparate treatment is exemplified in several aspects of the situation. Janet
can prove the case of Prima facie case by pretext by illustrating: the protected class of
individuals in the relevant case. In this case, it would be the aspect of her gender being feminine.
The second element would be the employment opportunity she had applied for the new plant.
On another aspect, there was a vacancy in which applications were being accepted. Finally, in
this case, the Janet was also qualified for the position she had applied. She had also been denied
a promotion at the plant as the foreman (Guerin, & J.D, 2013, June 27).
How would the plant rebuff these charges?
In response to her demands, the plant would rebuff to these charges by articulating to a
lawful motive. In this case, the employer can respond by stating a genuine and a
nondiscriminatory reason for their decision. This is because the employer has little proof for a
reason produced which in this case would be by hiring a Latino man who is equally also under
the protected class (Guerin, & J.D, 2013, June 27).
Who would ultimately prevail?
In this aspect due to the underlying burden of proof in both the defendant and the
...

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Review

Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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