Kitty is a receptionist at the Bluth Company, a real estate development firm wit

Question

Kitty is a receptionist at the Bluth Company, a real estate development firm with 75 employees in sunny Orange County, California. Kitty takes 10 weeks off of work after the birth of her first child. When Kitty returns to work, she finds that the company has hired a new receptionist to replace her. However, Kitty’s boss offers her a job in the copy room, making photocopies and keeping the space organized. Although the copy room job has the same pay and benefits as her old job, Kitty rejects the job because she doesn’t want to work in the small, confined space of the copy room.

After Kitty turns down the job, the Bluth company seeks to hire a new copy room attendant, noting in the job listing that candidates must have a bachelor’s degree. Ten people apply for the job: 9 of the applicants are Hispanic, 1 is white. The white candidate is hired because he is the only applicant with a bachelor’s degree. Marta, a Hispanic woman, does not get the job because she only has a high school diploma, even though she has prior copy room experience.

The population of Orange County is 60% white, 20% Asian, and 20% Hispanic. The Bluth company workforce is 95% white, 3% Asian and 2% Hispanic. In Orange County: 40% of white residents have a college degree, while only 10% of Hispanic residents do.

Kitty and Marta come to you for legal advice. They want to know: (1) what laws are relevant to their particular situation and (2) whether they would be likely to prevail in a legal claim against the Bluth Company. Explain your response in as much detail as possible!

Explanation / Answer

In case of Kitty-

As per the Maternity Laws lady who take maternity leave and came back to her work have right to get the same job back. if employer make her feel satisfied or she feels that the previous job position is harsh to handle by her than she can adopt to new position as offered by employer. but employer can not force her without the reason that mentoned above by the law to do another job.

in the present case Kitty rejected the job in copy room as she gets the same pay as like before but she did not feel comfortable there here she can file the suit against the boss to give her previous job as it does not matter he provides the same pay as before in current job also.

In case of Marta:As per the law it is prohibited to discriminate employees on the basis of color,religion or caste. if something like that faced by an employee they can file a suit against employer.

Here in the present case as per the data only 10% Hispanic residents have bachelor degree. Marta is one of the Hispanic who have high school diploma only. but she has experience in working in copy room. if she will able to prove they mark up such qulaification to appoint white persons as company have majority of such persons she can file a suit against company to such a discrimination in appointment of employees.

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