List the elements of disparate treatment and apply them to this case.

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List the elements of disparate treatment and apply them to this case.
Please use the following hypothetical scenario to answer the following 5 questions. Each question is worth 20 points for a total of 100 points. When complete upload your document to the dropbox below.
Scenario
Janet Johnson, an African American woman, has been working at the Tennessee Hydroelectric plant for 15 years. During that time, his performance reviews have been exemplary. She decided to apply for the new plant foreman position. Although she felt that she was eminently qualified for the position, she also was growing tired of a certain good old boy culture at the plant. For years, the plant has had a culture of highly lewd “jokes,” and many of the employees had also engaged in inappropriate touching of female employees. The plant had an anti-harassment policy on record, but Janet’s boss shrugged and said “boys will be boys” when she reported the harassment to him.
Competition for the position was fierce. But ultimately, Jose Martinez, a Chilean man, received the position. Jose had 7 years of experience. Unbeknownst to the applicants the promotion board secretly ran a credit check on the applicants. Janet credit score came in as lower as average, and this factored into the board’s decision. Although he met the qualifications of the position, one of the hiring managers told Janet in confidence that Janet was the most qualified person for the job. And the other managers had applied a racial preference on Jose’s behalf due to there never having been a Latino manager at the plant even though Latino’s represented 35% of employees at the plant. Janet sues the plant for disparate treatment, disparate impact, and sexual harassment under Title VII.
Questions
List the elements of disparate treatment and apply them to this case. Can Janet prove a prima facie case? How would the plant rebuff these charges? Who would ultimately prevail?
List the elements of a disparate impact case and apply them to this case? Will Janet prevail on this charge?
List the elements of the sexual harassment case and apply them to this case? Can the plant establish an affirmative defense?
If the plant argues that it applied a racial preference to Jose to correct a manifest imbalance at the plant of underutilization of certain minorities, will the plant prevail? Why or why not?
Was it legal to use the credit check as a factor in the promotion decision the way that it was done here? Why or why not?
Topic: List the elements of disparate treatment and apply them to this case.

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#075

Original essay on: Synthesise disparate and complex information to form a coherent

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Deakin’s Bachelor of Commerce and MBA are internationally EPAS accredited.
Deakin Business School is accredited by AACSB.MPM 732 Critical Thinking for Managers
Trimester 1, 2018Speech and Reflection
DUE DATE AND TIME:
PERCENTAGE OF FINAL GRADE:
HURDLE DETAILS:
Week 11, 21/05/2018, 11.59PM
30%
No hurdle
Learning Outcome Details
Unit Learning Outcome (ULO)
Graduate Learning Outcome (GLO)
ULO 2: Synthesise disparate and complex information to form a
coherent argument
GLO4: Critical thinking
ULO 3: Interpret and transmit knowledge to others using evidence
and judgement
GLO 4: Critical thinking
ULO 4: Identify concepts and apply them to solve a range of real
world problems and take appropriate decisions
GLO 5: Problem solving
Assessment Feedback:Students who submit their work by the due date will receive their marks and feedback on
CloudDeakin on 04/06/2018, 11.59PMDescription / RequirementsTask: Choose a topic that you want to talk about. Work out an argument in relation to this topic and create &
record a short speech. After you have created the speech, write a critical reflection on the same (please DO
NOT record the critical reflection), demonstrating appropriate use of one or more CT models. Like the previous
assignment, this one is also an individual task that each student must do on his/her own. However you may
discuss your work with other students either in class or online.
Your recorded speech is limited to a maximum of 1000 words (+/- 10%) and needs to be submitted
electronically as a media file. The recording has to be accompanied by a written transcript, which must be
exactly same word-for-word as the recorded speech. You can upload your recorded speech onto CloudDeakin
Assignment 2 drop-box as an appropriate media file while the written transcript and critical reflection must
be submitted separately also via Assignment 2 drop-box as a single MS Word document. Therefore your final
submission will consist of two files – a Word document with the speech transcript and critical reflection on
your speech and a media file of the speech recording.Page 2 of 3Suggested approach: Choose a topic that is familiar to you, identify the key issues, work out a set of coherent
arguments for it and provide supporting evidence that is logical and meaningful. Use persuasive reasoning in
your speech and comply with the processes for an effective discourse as presented in this unit. Note that the
topic should ideally be something that requires persuasion and evidence in order to inform and/or convince
your target audience. Although you may choose similar topics to other students, your argument as written in
your transcript must be unique to yourself.
The critical reflection on the speech should analyse its components, arguments, evidence and style.Word limit: 1000 (for transcript) + 1000 (for reflection) – max 10% allowance given for each of these.Mark 30%Broad criteria for marking (please see posted rubric for more details on the marking process):
1. Critical thinking used in the development of argument, explanation, inferences, examples, assumptions, and
reflection – 10%
2. Problem solving – identification of key i…

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#065

Evaluating Disparate Impact and Employee Selection

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Order Description
You are employed as an HR consultant for a mid-sized bank. The bank employs 200 tellers across its branches. You need to recommend to the bank what to consider when hiring for the position of Bank Teller.

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#065

Assuming that claim is true, would Rodriguez be able to prevail on a disparate treatment cause of action? Explain.

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Rodriguez managed a Walmart store at Fajardo, Puerto Rico. Following an evaluation, his performance was considered unsatisfactory, and he was demoted to assistant manager at another store. Rodriguez filed suit claiming race and national origin discrimination. Rodriguez pointed to two favorable previous performance evaluations, and he argued that he was evaluated in a different manner than non-Puerto Rican managers. Rodriguez was evaluated with the use of an opinion survey given to all of his subordinates. Rodriguez claimed that non-Puerto Rican managers at other stores were not subject to opinion surveys. Assuming that claim is true, would Rodriguez be able to prevail on a disparate treatment cause of action? Explain. See Rodriguez-Cuervos v. Wal-Mart Stores, 181 F.3d 15 (1st Cir. 1999).
 

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#055