29 Dec (TCO A) Emmanuel & Peterson

(TCO B) A group of African-American police officers filed suit against the City of Little Rock, Arkansas, alleging racial discrimination by the police department in the promotion of officers. The promotions were made by selecting those officers who were ranked highest on a composite score ranking list, based on the score of a written exam and the weighted score from an interview.

The interview was conducted by senior officers who were all Caucasian, and the scoring was done subjectively by those officers. The African-American officers produced evidence showing that the African-Americans averaged a score of 39.6 on the written exam, while Caucasian officers averaged a score of 38.5. For the interview, African-Americans were given an average score of 12.96 points, while Caucasians were given an average score of 14.38 points. The effect of the composite ranking of the two scores for candidates for promotion was that, because after the interview, African-Americans, on average, went down 14 positions on the composite ranking, while Caucasians, on average, went up one position.

Since promotions were based on relative ranking by composite score, African-Americans were not likely to be promoted; indeed, the department had only one African-American officer promoted above sergeant in its history. Have the African-American officers made a sufficient showing to sustain a race discrimination case under either the disparate treatment or disparate impact applications of race discrimination? Explain and analyze disparate treatment and disparate impact in conjunction with the scenario.

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Question 2 50 pts

(TCO H) Shaun, a woman of Hispanic origin, waits tables at Mongomey’s Restaurant. Phil, an African-American local businessman who frequently brings clients to Mongomey’s for lunch, dislikes Hispanics. As a result, he lies to the owner of the restaurant and tells the owner that Shaun referred to him by an ugly racial epithet. Once this complaint is brought to Shaun’s attention, she is demoted from waitress to dishwasher. Shaun filed a Title VII claim against Phil, even though Shaun works for Mongomey’s, not for Phil. Analyze the basis for the cause of action, the company exposure, steps that could have been taken by the company to reduce exposure, the outcome, and support for the outcome. Utilize applicable law in your analysis.

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Question 3 50 pts

(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.

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