Question 1: Porter, Co. has recently instituted a policy of promoting only from within its employee pool. For years, the company hired for advanced positions internally and externally. At the time when Porter, Co. instituted this new policy of promoting exclusively internally, its workforce of 200 individuals was 80% male and 20% female. The available labor pool of 3,000 qualified individuals from which Porter, Co. might recruit for advanced positions, were it looking outside as well as within, was 50% male and 50% female. Should Porter, Co. have any cause for concern over the legality of the new promotions policy? Explain in detail and support your conclusion with analysis of potential legal liability, suggested revisions, and explanation of possible consequences.

Question 2: Kramer, a African-American male, enters into an employment contract with Bonzai Consulting for a three-year term. Shortly after the commencement of the term, it was made clear to Kramer by some of his Caucasian colleagues that he was not welcome. Kramer was frequently locked out of his office, his work was sabotaged, and his mail was intercepted and destroyed. All of these actions rendered him ineffective and led to his eventual dismissal. Kramer sues. Analyze the cause of action, legal basis for his claim, the viability of his claim, measures that should have been taken by the company to minimize or avoid liability, and use applicable law to support your response and conclusion.

Question 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.