Reference no: EM133298250

The Dizzy Movie Company has just opened a new theme park called Dizzy Land in the Town of Saturn somewhere in the Southern United States. M. S. Tucker is a native of India, who is a naturalized American citizen. He practices the Sikh religion, which forbids men from cutting their hair, including their beard and requires the wearing of a head covering or turban. Mr. Tucker has just retired as a police officer for the Town of Saturn and has applied for a job working in security at DMC. DMC security positions include undercover security roaming the park, individuals who monitor a system of hidden cameras, and an overt presence of security guards at entrances and security booths located throughout the park. DMC has advised Mr. Tucker that it's employees are actually actors or cast members who are required to wear costumes or uniforms to maintain the spirit of Dizzy and project and personify the image of Dizzy cartoon characters or members of the Dizzy Nation. The uniforms, including those worn by security personnel require a Dizzy Cap (with protruding antennae). Additionally, the Dizzy look requires that all men be clean shaven. DMC tells Mr. Tucker that he has the right experience they are looking for and DMC would love to hire him, but he will have to shave his beard and make sure he can wear a Dizzy Cap to conform to DMC's requirement to make sure that visitors to Dizzy Land have no reminders of the real world. Mr. Tucker said he could probably work with the Dizzy Cap, but shaving his beard is against his religion and he could not do it. DMC explained that there were no exceptions to this policy and did not offer Mr. Tucker a job.

a) Dizzy Land's policy requiring that men can be clean-shaven is an example of:

Disparate impact because the policy facially neutral

Disparate impact because the intent of the policy is not discriminatory

Disparate impact because the intent of the policy is not discriminatory and because the policy is facially neutral

Disparate treatment because Mr. Tucker is singled out for his religion

b) Dizzy Land's best defense to Mr. Tucker's claim is:

Disparate treatment

Lots of Dizzy employees are over 40

Undue Hardship

Disparate impact

c) If Mr. Tucker sues Dizzy Land for discrimination, which argument best supports his claim?

Dizzy Land harassed him because he is originally from India

Dizzy Land engaged in disparate treatment discrimination when it didn't hire him

Dizzy Land has a poor safety and health record

Dizzy Land failed to accommodate his religious beliefs