Carlos Alverez, a Mexican American, applied for a job as a mechanic with Quick Lube. He was not hired because he did not meet the minimum height requirements for the position. specifically, he was not at least 5 feet 8 inches.
D) Carlos does not have a claim for national origin discrimination because Quick Lube applied the lawful discrimination of requirements for the job. If Quick Lube proves that only people 5’8” or taller can do the job Carlos applied for than legal height discrimination can be used. If someone 5’2” cannot reach to lube the car once it is on the lift than Quick Lube can refuse to hire based on the job description.
Franklin, a U.S. born individual of English ancestry, works for the China Lights restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin’s coworkers Jin Pan and Dongping Jiang, also U.S. citizens of Chinese ancestry, are late for work virtually every day, but no action is taken against them for this, even though the owners are aware of Jin and Dongpings tardiness, and even though there is a stated workplace policy that an employee reporting to work late, more than once in a sixty-day period will be dismissed. Franklin reports to work late twice, 55 days apart, and he is dismissed. Explain whether Franklin has the basis for a national origin discrimination claim.
Franklin does have the basis for a National Origin Discrimination claim, but it might not be easy. Proof of misconduct would have to be documented. If Jin and Dongping’s tardiness was not recorded, it would be Franklin’s word against the company and Jin and Dongping’s word. If documentation exists on Franklin’s tardiness that could be used to prove that Franklin would have been fired despite Jin and Dongping. Franklin would have had a better case if he had started documenting the tardiness before being fired. It would have also been a better case if he would not have been tardy for two days in a fifty-five day period. Courts like plaintiffs with clean hands. Theoretically, the case could be brought, but if not settled out of court, the case might not succeed. .