Reference no: EM133362138

I tell a potential employee that I won't hire them because I don't hire anyone from the Netherlands, as I took great offense to the U.S. losing out to the country in the recent World Cup. Is this disparate treatment or impact? When charged with discrimination, what legal defense would I try, and what are my chances of success (explain briefly)?

Luke worked for Joe to help him clear his "farm" for a future housing development while on summer break from school. Luke is paid $12 an hour every two weeks via personal check (no withholding). He does not have any set hours he works each week and has the ability to not work on a given day if he has a conflict or even stop early if it gets too hot. He does ride with Joe to the farm some days and uses all of Joe's tools. Joe gives him a general "project" to accomplish each day or week, but does not actively supervise his work. Is Luke an employee or independent contractor? Explain by applying one of the tests we studied to the facts given.

Marita feels her termination was discriminatory under federal law since a similarly situated male got to keep his job. After she hires an attorney, where would they go to start the process to resolve her issue formally? Let's say she loses in the lower court and pursues her case at the federal appeals court. What is she called now? Finally, the Supreme Court decided on an identical issue a few years ago and ruled that there was no discrimination. Does that impact Marita's case? Briefly explain why or why not.