What type of discrimination is taking place

Reference no: EM133527411

Problem

Develop an analysis with management tips for the assignment case. At least two sources must be cited.

Case

AND, Inc. is an IT firm with 22 employees and 32 independent contractors. All of the employees and independent contractors are of South Korean descent. AND wants to hire one person for quality assurance and one for coding. It intends to hire an employee to fill the position of full-time quality assurance associate. It intends to hire an independent contractor for the coding work. Smith, a white male applies for the coding work. Jones, a black male, applies for the quality assurance position. Neither Jones nor Smith is hired. Both learn that AND, not only has a history of only hiring South Korean descent people, but that it, indeed, hired South Korean descent people for the positions.

Analysis - present the legal arguments related to the question. This should be very thorough. Make sure to include the analysis elements listed below as well as citations for the legal concepts used. Is the organization private or public?

If private employment, at will applies...unless there is an implied contact such as a policy, a company handbook, written agreement or verbal agreement (must provide witnesses/proof that it existed); if public then due process applies and the person has the right to appeal the decision

1. What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., -- in some cases more than one law will apply)

2. Is there a minimum number of employees required by the law(s)? For Civil Rights Act it is least 15 employees for private employers

3. Does a statute of limitations apply for this law or laws? For the Civil Rights act it is 180 days

4. What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-What is the evidence to support it? If evidence for more than one, which would be best to file under? Explain in detail using the burdens of proof analysis.

5. What questions or information do you need to know to decide the case one way or another?

Management tips - provide management with advice on how to correct the current situation and/or how to prevent such a situation in the future. Well developed recommendations with specificity should be provided.

Reference no: EM133527411

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