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PART ONE
Develop a fact pattern of discrimination or use one from your experiences or the experience of a friend and discuss how the case would be proven in court. First tell the story. Next, identify the relevant facts. Identify the type of discrimination. Disparate Impact or Disparate Treatment
I would like everyone to use disparate treatment for this exercise. [Obviously you must know the difference and will be able to recognize it in a fact pattern]
1. State the prima facia elements of discrimination that must be proved by the Plaintiff to go forward.
2. Apply the relevant facts to the law.
3. Discuss the shifting burden of proof
4. Discuss the employee's rebuttal if any.
5. Who wins?
At a minimum your fact pattern should meet the prima facie elements of discrimination.
PART TWO
Distinguish the business necessity defense from the bona fide occupational qualification defense, including describing each defense and stating when each can be used.
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Semi-batch isothermal calorimetry in SIMULAR at 60oC involving a single phase organic reaction mixture show that with a dosing period of one hour the reaction is feed rate limited with no accumulation.
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There do exist examples of business organizations following principles of behavior that are not entirely self-serving, but rather, are pursuing goals and objectives beyond the quarterly bottom line (like the example of Joe Whinney, owner of Theo Choc..
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Using at least one reference, please explain what barriers may interefere with implementing or revising the following quality measures in prevention of wrong site surgery.
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