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(Solved by Expert Tutors) Sandra Jackson is the owner of "Sandra's Fashions," a small chain>

of women's clothing stores located in Oakland, California. She founded her business in 1979 working out of panel truck, opened her first store in 1983 with two employees plus herself, and now has 4 stores and 40 employees. Last year her business earned a net income (income after expenses) of $70,000. Jackson's Fashions four stores are in predominantly African American and Hispanic/Latino neighborhood; the overall breakdown of the four neighborhoods is 40% African American, 25% Hispanic/Latino, 15% Asian-American, 15% white, and 5% American Indian. Ms. Jackson is African American. Of her 40 employees, 30 are black, 6 are Latina, 3 are Asian American, and 1 is white. All of her employees are women; all live in the neighborhoods where the stores are located. Most of her customers are black or Latina women. Ms. Jackson hires her employees through word-of-mouth among existing employees and customers and through drop-in inquiries at her stores. She has never advertised a job opening. She is proud of her record of providing jobs to young women of color, and has helped a number of her employees start their own businesses. Sixteen months ago a white man named John Davis dropped by her shop and asked if she had any openings, and if not, whether he could leave his phone number in case a position opened. She told him that she made it a policy not to take applications of any kind because it was hard to keep track of them and could easily lead to misplaced expectations and disappointment. In fact, from time to time she has taken down the name and phone number of customers who inquired about jobs, but only when she knew them through their patronage and felt they would be good employees. On what basis could Mr. Davis sue for employment discrimination? What defenses could be raised? Who would win? Explain in detail, stating and applying applicable legal principlesV. (14 points)Smith Paving, Inc. has a contract to construct the new bypass around the city. The project is approximately 23 miles from Smith's office. Kelley O'Neil and Portia Davis were hired to keep track of the supplies delivered to the site. They were the only females working at this job site. Smith had installed portable restrooms at the construction site. Initially Kelley and Portia would take breaks and drive back to the office to use the restroom because the on-site restrooms were unsanitary however the form and complained that these breaks took too much time and told them that they must use the same portable restrooms as everyone else. None of the 25 male employees on the job complained about the unsanitary portable restrooms. Kelly and Portia refuse to use them because they were unsanitary and could cause them urinary tract infections. The company suspended both of them for five days for driving back to the office during breaks to use the restroom. Kelly and Portia come to your law office and ask you to help them file a charge with the EEOC. Explain the best legal argument. VI. (10 points) Mr. Fleming, a white man, has been teaching history at Gett High School since 1987, when he earned his teaching credential. He also holds a BA in history ('86). He has always received good evaluations. On a 1-5 scale (5 being the highest score) his peer evaluations have averaged 4.5; his evaluations by his principals have averaged 4.3. Mr. Fleming was hired at Gett High the same day as Peter Frederick, a black man. Mr. Frederick also has a BA in history ('86), a teaching certificate ('87) and a masters degree ('91) in American History. Mr. Frederick has also always received good evaluations. On a 1-5 scale his peer evaluations have averaged 4.4; his evaluations by his principals have averaged 4.7. Mr. Fleming and Mr. Frederick are the two history teachers at Gett High with the least seniority. Both teach American History. Because of a decrease in enrollments, the school board has decided that it should reduce by ten the number of teachers at the high school, including a reduction of one history teacher. The Teachers' Union contract provides for lay off by seniority. The union contract provides that among teachers with equal seniority, the school board has the discretion to make lay off decisions as it sees fit. The school board met last month and decided to lay off Mr. Fleming. The decision was made in a closed session, but the board issued the following statement: "It is always difficult to decide to lay off a hard-working, dedicated teacher. It is particularly hard when we have to choose between two teachers who have each given more than ten years of their career to the students at Gett High. It is most difficult when, as here, the teachers are equally qualified by any reasonable measure. In making this difficult decision we are guided by the fact that Peter Frederick is the only African American teacher among the ten history teachers at Gett High, and one of only five black teachers among our total of 100 teachers. Because we must make lay off decisions within departments based on seniority, we are already laying off two of those five black teachers. We think it is critical to our commitment to diversity that we have a racially diverse faculty. Moreover, our black students, who make up 45% of the student body at Gett High, need role models like Mr. Frederick. Although the small number of black teachers at Gett High is not the result of any discrimination on the part of this school board, we are committed to providing a meaningful remedy to societal discrimination. Such remedies require sacrifice, and sacrifice is never easy, but some one must take the first step. We have thus decided to retain Peter Frederick as a teacher at Gett High School, and to lay off his equally qualified colleague, Mr. Sam Fleming." Does Mr. Fleming have a claim of racial discrimination? Is the administration?s decision legally permissible and justified? Present all arguments, stating clearly and applying all relevant legal principles.


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Apr 19, 2020





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