Blog

Employees can sue under the state or federal Constitution for a denial of equal protection if they work for the government or for a private employer.

Bob is a paying resident at the McKinney Senior Center. He is often seen making ethnic slurs at Mary, an Indonesian employee. He also refuses to be served or helped by her and others of the same national origin as Mary. Sometimes, he even complains to the other residents that Mary is not qualified for her job and needs to be replaced. Mary reports these statements to her supervisor but is asked to ignore Bob because he is just a strange old man. Mary files a complaint of national origin discrimination. Which of the following holds true in this scenario?

Bob, who was employed at Quick Panda Stop, was fired for allegedly stealing at work in spite of his denying the theft. Consequently, he failed to secure a job at Food Llama after the hiring officer asked him why he was terminated from his previous job. Both stores are located in a state other than Texas. If Bob decides to make a claim against Quick Panda Stop, which of the following statements will hold true?

Mary, an electronics assembler at Fox Industries Factory, is sexually propositioned by Bob, who is the head of the quality control department. Upon Mary’s refusal, Bob starts finding fault with the quality of her work, and she is eventually demoted. Mary believes that if she complains against Bob to the company’s management, no action will be taken against him because of his reputation with senior management. Though Fox Industries has a sexual harassment policy in place, Mary does not use it. Instead, she files a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

The Equal Employment Opportunity Commission (EEOC) has investigated Chen’s complaint of workplace discrimination against his employer and sent him a notice stating that there was no reasonable cause for his complaint. Which of the following holds true in this scenario?

Camel Computers Inc., a U.S.-based company, has its operations in United Northlandia, a developing country. The culture of the country does not permit women to deal with men professionally, though there is no law limiting women to jobs that do not require much interaction with men. Mary, a U.S. citizen working for Camel Computers in United Northlandia, is denied a promotion to the position of senior client manager because the job would require Mary to interact with men inside and outside the company, and this would violate the cultural norms of United Northlandia. Mary believes this to be gender discrimination under Title VII of the Civil Rights Act of 1964. Is she correct?

The Immigration Reform and Control Act (IRCA) prohibits discrimination against a legal aliens in favor of a U.S. citizen if the U.S. citizen is equally qualified for the position.

Mary worked as a chief chef in the Roasted Tilapia Restaurant (RTR) in Allen. When the management of the restaurant changed, Mary was asked to sign a non-compete agreement to keep her job. The non-compete agreement required Mary not to work as a chef for any other restaurant or open her own restaurant in the United States for the next 15 years if she decided to quit her job at RTR. A court would likely determine that this non-compete agreement:

Business necessity is an element of the plaintiff’s disparate impact claim.

Disparate impact cases are generally statistically based group cases alleging that the employer’s policy, while neutral on its face (facially neutral), has a disparate or adverse impact on a protected group. If such a policy impacts protected groups more harshly than others, illegal discrimination may be found if the employer cannot show that the requirement is a legitimate business necessity.