Tia's Tamale Factory employs 50 workers to make and ship food products all over the United States. Tia's factory is located in Southern California, in a community where 60 percent of the residents have Spanish surnames or identify themselves as Hispanic. Tia must hire a new cook and despite her best efforts, she gets only three applicants. Conchita is a 35-year-old Hispanic female, Sancho is a 17-year-old Hispanic male, and Maureen is a 48-year-old white woman who uses a wheelchair.
Refer to Scenario 2.1. Tia's workers are mostly Hispanic women. If Tia believes that only a Hispanic women could fit in at her workplace and hires Conchita for this reason, it will likely be
a. discrimination on the basis of national origin in violation of Title VII.
b. discrimination on the basis of age in violation of the ADEA.
c. permissible discrimination because national origin would be a bona fide occupational qualification in this case.
d. permissible because most of the local residents are Hispanics.
e. permissible because Tia is a private employer.
Refer to Scenario 2.1. Suppose Tia does not hire Sancho. Which of the following regulations could Sancho use in an attempt to claim that Tia discriminated against him?
a. Americans with Disabilities Act
b. The disparate treatment clause of Title VII, due to his race
c. The disparate treatment clause of Title VII, due to his gender
d. Occupational Safety and Health Act
e. Age Discrimination in Employment Act
Refer to Scenario 2.1. Suppose Conchita and Maureen are equally qualified and Tia flips a coin to decide between them. The coin lands on tails and accordingly Tia hires Maureen. This action would probably be
a. a violation of Executive Order 11246.
b. a violation of the Equal Protection Clause of the Fourteenth Amendment.
c. a violation of Title VII.
d. not a violation of Title VII because the other employees are primarily Hispanic.
e. permissible under Title VII because the applicants were treated equally.
Refer to Scenario 2.1. Suppose Conchita and Maureen are equally qualified but Tia must raise the stove at a cost of $10,000 to accommodate Maureen's wheelchair. To avoid the expense, Tia hires Conchita. It is likely this action is
a. lawful under ADA because the applicants were equally qualified.
b. unlawful under Title VII because the applicants were of different races.
c. lawful under ADA if the accommodation was an undue hardship on Tia.
d. lawful under ADA. Maureen is not considered disabled under ADA because her disability is correctable with a wheelchair.
e. unlawful under the ADEA because Conchita is younger than Maureen.
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