(TCO B) DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law.(Points : 50)
(TCO A) Emmanuel & Peterson is an extremely busy law firm specializing in litigation. In order to keep up with the workload, the firm refuses to hire anyone as a secretary who is unable to type at least 65 words per minute. As a result, there are no male secretaries working for the firm. A group of male applicants files litigation that challenges this policy. Explain the legal basis for the suit, the likelihood of prevailing in the cause of action, and the defenses available to the firm.(Points : 50)
(TCO H) Kramer, a African-American male, enters into an employment contract with Bonzai Consulting for a three-year term. Shortly after the commencement of the term, it was made clear to Kramer by some of his Caucasian colleagues that he was not welcome. Kramer was frequently locked out of his office, his work was sabotaged, and his mail was intercepted and destroyed. All of these actions rendered him ineffective and led to his eventual dismissal. Kramer sues. Analyze the cause of action, legal basis for his claim, the viability of his claim, measures that should have been taken by the company to minimize or avoid liability, and use applicable law to support your response and conclusion.(Points : 50)
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