Employment Law for Business
Paper Assignment #2
12 point type double spaced, 3 pages (approx.)
Read the facts below and answer the questions
Happy B. White Ltd. is a computer software firm with 50 employees — 45 are white and 5 Hispanic. After enjoying five years of growth the firm suddenly experienced hard economic times and decided it had to lower expenses by terminating five employees. Hap B. White, the white male Company President, had never experienced layoffs in his business before and was very nervous. He came to the DC office to discuss the terminations. HAP met with all the staff and then told Gladys Plainbread, the Office Manager who is also white, that she was to decide who to fire. On reflection he later wrote her a memo in which he said that he wanted on staff only employees with clear Anglo accents because we will be doing lots of telemarketing in the future to increase sales. When he gave Gladys the memo Hap said regarding the terminations, when times are tough, we have to watch out for our own. Am I understood?
Gladys knew what he meant to layoff the Hispanics – and though she disagreed with Hap Whites old school attitude she feared for her own job if she argued with him. The next day she terminated five employees; all Hispanic.
Juan Emanuel was the only Hispanic programmer in the firm. He had the most seniority and the best record of promotions, raises and overall achievements of the 15 programmers.
You are Juans lawyer. He comes to you with a right to sue letter from the EEOC; meaning all administrative remedies are exhausted. He wants to sue for racial discrimination. Assume he knows everything mentioned above including the spoken words between Hap and Gladys.
1.Explain to Juan the two theories used to prove discrimination and what is needed to prove them. (5 pts)HInt Race discrimination or National Origin are not theories. They are types of discrimination.
2. Explain the shifting burdens of proof that are involved in each theory. (6pts)
3. Show what facts will help each party meet their burden of proof. (3 pts)
4. Give your opinion which theory will be strongest and why. (1 pt)