1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable law.

2. Shaun, a woman of Hispanic origin, waits tables at Mongomey's Restaurant. Phil, an African-American local businessman who frequently brings clients to Mongomey's for lunch, dislikes Hispanics. As a result, he lies to the owner of the restaurant and tells the owner that Shaun referred to him by an ugly racial epithet. Once this complaint is brought to Shaun's attention, she is demoted from waitress to dishwasher. Shaun filed a Title VII claim against Phil, even though Shaun works for Mongomey's, not for Phil. Analyze the basis for the cause of action, the company exposure, steps that could have been taken by the company to reduce exposure, the outcome, and support for the outcome. Utilize applicable law in your analysis.

3. Emmanuel & Peterson is an extremely busy law firm specializing in litigation. In order to keep up with the workload, the firm refuses to hire anyone as a secretary who is unable to type at least 65 words per minute. As a result, there are no male secretaries working for the firm. A group of male applicants files litigation that challenges this policy. Explain the legal basis for the suit, the likelihood of prevailing in the cause of action, and the defenses available to the firm.