question archive Dale has applied for a custodial job at your business and has been rejected
Subject:ManagementPrice: Bought3
Dale has applied for a custodial job at your business and has been rejected. He believes that his rejection is because of his Arab heritage. He can show two years of custodial experience (in his past) and has successfully performed each job listed in the job description. He subsequently discovers that the position continued to be advertised after his rejection. When he files a complaint alleging disparate treatment discrimination with the Equal Employment Opportunity Commission (EEOC), you assert that Dale did not meet the qualifications, which included a minimum of 10 years of experience and a high school degree. How should the court decide this case?
Has Dale met his prima facie case requirement under the McDonnell Douglas standard (overt and intentional discrimination)?
Does his Arab heritage make him a member of a national origin-protected class?
Discuss whether courts may find the employer's reasons (your reasons) to be a pretext.
Do you think Dale will win his claim? Why or why not?
Is Dale disabled, and do the Americans with Disabilities Act (ADA) afford him any protections?
Discuss your answers.