Law Cases

There are 4 questions that need to be answered below. Each question can be a page long.

QUESTION 1. Kern v. Dynalectron Corp., 577 F.Supp 1196 (N.D. Tex 1983).
https://casetext.com/case/kern-v-dynalectron-corp

This is a case about Bona Fide Occupational Qualifications (“BFOQ”). Read this case
and explain what a BFOQ is, how the parties argued for or against a BFOQ being relevant, how
the court ruled and why. Then, think about whether there can be job where an employer can
argue that gender, race, color, or national origin could be a BFOQ (this will take some research
on your part). Identify jobs where you think a BFOQ could be applied. Is there any protected
classification that could never serve as a BFOQ? If so, why?

QUESTION 2. EEOC v. Carolina Freight Carriers Corp., 723 F. Supp. 734 (SD Fla. 1989)
https://law.justia.com/cases/federal/district-courts/FSupp/723/734/1630434/

This is a case about Adverse Impact (research what that term means with respect to
employment discrimination). Read this case and explain why the Plaintiffs believe discrimination
has occurred as the result of adverse impact. How did the Defendant respond…what was its
justification for behaving the way it did? How did the court analyze the arguments and what did
the court decide? Think of a hiring practice or policy that would definitely result in adverse
impact in spite of the employer’s best intentions and explain it to me.

3. EEOC v. Abercrombie & Fitch Stores, Inc., 135 S.Ct. 2028 (2015)
https://www.supremecourt.gov/opinions/14pdf/14-86_p86b.pdf

This is a case about discrimination based on stereotypes related to religion. Read this case
and explain why the Plaintiff believes she is the victim of religious discrimination. What exactly
did the Defendant do wrong? How did the court analyze the arguments and what did the court
decide? What could have / should have the Defendant done to avoid any issues from the outset?

4. Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. 2006)
https://casetext.com/case/jespersen-v-harrahs-operating-co-inc

This is a case about appearance policies and gender stereotypes. Read this case and tell
me about the most persuasive arguments each side had. How did the court analyze the arguments
and what did the court decide? Do you believe the Court got it right?

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