Midterm
1. 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?
The first thing that Janet has to do is establish a prima facie case. In order to prove a prima facie case, she would have to prove the following:
a. She applied for the position, plant foreman, which at the time was available.
b. That the plaintiff, (Janet), was qualified for that position.
c. That she was ultimately turned down for the position.
d. The protected class characteristics of the plaintiff are relevant to the case. She is a woman.
e. The employer selected someone with a contrasting protected class characteristic. Jose, who was a Latino male,