Establish a prima facie for disparate-impact discrimination

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Assignment:

Two plaintiffs, one an Asian American, the other an African-American, sued the producers of the reality television series "The Bachelor" and "The Bachelorette" for racial discrimination. The plaintiffs claimed that the shows had never featured a person of color in the lead role. Plaintiffs also alleged that the producers had failed to provide people of color who auditioned for lead roles with the same opportunities to compete as white people who auditioned. The producers of "The Bachelor" and "The Bachelorette" do not have any formal policy which 1) requires that actors in lead roles for either of these programs must be white, or 2) sets different auditioning requirements for white and non-white actors.

1. What facts would the plaintiffs have to show to establish a prima facie case for disparate-impact (unintentional) discrimination? Explain your answer.

2. Assume that the plaintiffs established a prima facie case and that the burden has shifted to the employer to articulate a legal reason for not hiring the plaintiffs. What legitimate reasons might the employer assert for not hiring the plaintiffs in this situation? Should the law require television producers to hire persons of color for lead roles in reality television shows? Explain your answer.

Reference no: EM133455456

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