Case 1

James Brown, a black cleaner, applied in person for a cleaning job at a hospital on June 30th 2016. The job had been advertised in a local newspaper. In his application, James listed his 10 years experience as a cleaner in hospital settings. James was never contacted or interviewed by the company about the status of his application. In August, 2016, James saw an advertisement by the same hospital for cleaners in a local newspaper. When James enquired about it, he learned that the hospital had hired 5 white cleaners since June 30th, all of whom had less than 10 years experience. James filed a discrimination complaint in local courts.

Case 2

Elnora Williams, a black female teacher with ten years of classroom experience and partial completion of her doctoral degree in education, applied for several vacant middle and secondary principalships in the Knox County School system. Each time she applied, she was told by the superintendent that “the school district believed that a “male image” is necessary for a middle or secondary principal”. No females had occupied a principal position in the school district. Williams subsequently filed a lawsuit in district court accusing the school system of discrimination.

For the two cases above, respond to the following three questions:

1. What legal statutes apply to this case

2. What issues must the court decide in this case?

3. If you were a judge, how would you rule? Did the employer discriminate unlawfully? Why or why not?