Reference no: EM131728865

Fact Pattern 1: A restaurant employing 80 total employees and 40 waitstaff has a policy of requiring college degrees for all waitstaff. The policy results in only 15% of the applicant pool to be minority. However, the surrounding community is approximately 35% minority (i.e., members of a protected class by race or national origin). Why type of discrimination could this be? And why? Fact Pattern 2: The same restaurant in Fact Pattern 1 has a policy that all pregnant employees must not be employed as regular waitstaff and must instead either work as a hostess or bartender only as their belief is waitstaff is too strenuous work and would require them to allow work breaks for rest and customers prefer waitstaff without bulging midsections. A group of pregnant employees

Fact Pattern 2: The same restaurant in Fact Pattern 1 has a policy that all pregnant employees must not be employed as regular waitstaff and must instead either work as a hostess or bartender only as their belief is waitstaff is too strenuous work and would require them to allow work breaks for rest and customers prefer waitstaff without bulging midsections. A group of pregnant employees bring suit. What type of discrimination would they allege and what would be the basis of their claim? Is it a different type of discrimination than Fact Pattern 1?

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