01 May Answer the Ethical Dilemma on Page 379-380
Question
Midterm exam
Is a disparate impact claim available under the ADEA? Which case supports your answer? If a disparate impact claim is available under the ADEA, is it similar to a disparate impact claim under Title VII (please use statutory references in your answer to this subquestion)? Please cite a case involving a disparate impact claim under Title VII, tell me what the court decided and explain how the decision might have been different under the ADEA?
Q2
Answer the Ethical Dilemma on Page 379-380
Q3
Under what circumstances might working from home be a reasonable accommodation under the ADA? Please cite the relevant law and a case.
Q4
As discussed during Week 1, most employment contracts are for employment at will. In at least one of the cases discussed, the employee tried to claim that he or she had an employment contract. Cite one of these cases and explain how the company was able to refute that claim.
Q5
In Ricci v. DeStefano (which can be found under Week 2 Weekly resources), the New Haven fire department discarded the results of promotion exams that had a disparate impact on minority fire fighters because they felt they would be liable under Title VII for disparate impact discrimination. Assume that they did not discard the results and promoted fire fighters based on the results. If the minority fire fighters had sued under Title VII, would they have been successful. In your answer, please outline the steps needed to prove a disparate impact claim and discuss whether or not these criteria had been met. I do not care whether you decide against or in favor of the minority firefighters as long as you correctly discuss how to analyze a disparate impact claim make a coherent argument based on the facts
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