Please follow actual direction and have assignment on time

PLEASE USE THE FOLLOWING HYPOTHETICAL SCENARIO TO ANSWER FOLLOWING 5 QUESTIONS.EACH QUESTION IS WORTH 20 POINTS  FOR A TOTAL OF 100 POINTS.

 

SCENARIO

Janet Johnson , an african woman has been working at the tennesse hydrorlrctric for 15 years. During that time, her performance remains have been exemplary.  She decided to apply for the new plant foreman position althought she felt that she was eminently qualfied for the position, she also has eminently qualified for the position, she also was growing tired of a certain good old boy culture of highly send “Jokes” , and many of the employee had also, engaged in inappropriate touching of female engaged inappropriate touching of female employees. The plant had an anti-harrassment policy on record, but Janet’s boss shaugged and said “boys will be boys” when she reported the harrassment to him.

Competition for the position fierce. But ultimatity , 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 fact ored into the board’s decision. Although he met the 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 eves the plant for disparate treatment disparate impact, and sexual harrassment under Title VII.

 

QUESTIONS

1. List the elements of disparate treatment and apply them to this case. Can Janet prove a prince facie case? How would the plant rebuff these changes? who would ultimately prevail?

2. List the elements of a disparate case and apply them to this case? Will Janet prevail on this charge?

 

3. List the elements of the sexual harrassment case and apply them to this case? Can be 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 runorities, will the plant prevail? why or why not?

 

5. Was it legal to use the credit check as a factor in the promotion decisions the way that it was done here? why or why not?

 

 

 

PLEASE ANSWER EACH QUESTION IN EACH SENARIO AND MAKE SURE THAT YOU FOLLOW DIRECTION AND HAVE ASSIGNMENT ON TIME.







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