I want you read each of these cases. I want you to tell me, in your own words, what the case is
about. Why is the Plaintiff alleging discrimination? Is the case one of “disparate treatment” or
“disparate impact”? (you’ll need to conduct research to fully understand what those terms mean).
What protected classification is the Plaintiff alleging the Defendant improperly acted upon?
What defense(s) does the Defendant put forward? For example, does the Defendant allege that
even if discrimination occurred it is justified by a “bona fide occupational qualification (BFOQ)”
or “justified business necessity”? (You’ll need to research what those defenses mean…and that
will take some time).
What are the most “persuasive” facts that each side presents to the court? How does the court rule
and, more importantly, why? I want you to explain the court’s reasoning and logic.
There are four cases…so, it should be no problem providing a full page of analysis and summary
for each case. Additionally, must provide one direct quote from each case. It can be an argument
of either party or something the court says…just ensure that I can easily find it.
1. Kern v. Dynalectron Corp., 577 F.Supp 1196 (N.D. Tex1983).
2. EEOC v. Carolina Freight Carriers Corp., 723 F. Supp. 734 (SD Fla. 1989)
3. EEOC v. Abercrombie & Fitch Stores, Inc., 135 S.Ct. 2028 (2015)
4. Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir.2006)