Two African American plaintiffs sued the producers of the reality television series The Bachelor and The Bachelorette for racial discrimination. The plaintiffs claimed that the shows have never featured a person of color in the lead role. Plaintiffs also alleged that the producers failed to provide people of color who auditioned for lead roles with the same opportunities to compete as white people who auditioned.
1. The first group will assess whether the plaintiffs can establish a prima facie case of disparate-treatment (intentional) discrimination.
2. The second group will consider whether the plaintiffs can establish disparate-impact discrimination.
3. The third group will assume that the plaintiffs established a prima facie case and that the burden has shifted to the employer to articulate a legal reason for not hiring the plaintiffs. What legitimate reasons might the employer assert for not hiring the plaintiffs in this situation? Should the law require television producers to hire persons of color for lead roles in reality television shows? Explain your answer.

Respuesta :

Answer:

1.

To prosper on a entitlement of dissimilar action judgement in engagement, a litigator is needed to indicate the following:

  1. He is a corresponding of a threatened category,
  2. He contributed and was proficient for the task,
  3. His employability isn't acknowledged by the leader, and
  4. The leader crammed the situation with an individual not in an exceedingly endangered category or continued to hunt candidates for the situation.

If the litigator meets these necessities, he will prove a situation of extrajudicial discernment of clear. this implies that the litigator has faced the original load of immune and can be reach the dearth of a de jure satisfactory leader protection. Within the gift case, a clear case might probably be documented if individuals of color who tested for principal characters weren't given identical chances to contend as race who tested.

2.

A litigator will validate dissimilar effect judgement by connecting the choice rates of whites and nonwhites once a engagement process or employment demand disregards companions of a endangered category from the personnel of a leader at a significantly advanced proportion than non-fellows, judgement happens. Within the gift case, to think about the rationality of the complainants' claim needs thought of the wants to seem on the demonstrations and therefore the statistics and competitions of the candidates. If, though, the demonstrations have not contained an individual of colorize a lead role, it looks probably that there's judgement.

3.

Despite the belief within the evidences that the litigants will found a clear case, the companies best emplacements presumably re-count to the weather of such a case. for instance, if few individuals of color practical for the principal characters the character of their requests would have very little applied mathematics implication in an exceedingly dissimilar effect judgement case. And people who did smear might not have encountered the displays' standards for the principal characters, denting an entitlement of dissimilar action judgement in signing. Of the opposite fortifications mentioned within the text, the leader may contend that no matter standard the disallowed candidates did not meet could be a corporate requirement for the enactment of the character

There is no sign that shade could be an authentic activity requirement for the character, and in some condition there's very little probability it might be a suitable activity. In an exceedingly resemblance to a good superiority scheme, the leader may declare that the principal characters are crammed on a first-to-apply, first-to-be-case source.