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