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Happy B. White Ltd. is a computer software firm with 50 employees 45 are white and 5 Hispanic. After enjoying
five years of growth the firm suddenly experienced hard economic times and decided it had to lower expenses by
terminating five employees. Hap White, the white male Company President, had never experienced layoffs in his
business before and was very nervous. He came to the DC office to discuss the terminations. HAP met with all the
staff and then told Gladys Plain bread, the Office Manager who is also white, that she was to decide who to fire. On
reflection he later wrote her a memo in which he said that he wanted on staff only employees with clear Anglo
accents because we will be doing lots of telemarketing in the future to increase sales. When he gave Gladys the
memo Hap said regarding the terminations, when times are tough, we have to watch out for our own. Am I
understood?
Gladys knew what he meant to layoff the Hispanics and though she disagreed with Hap Whites old school
attitude she feared for her own job if she argued with him. The next day she terminated five employees; all Hispanic.
Juan Emanuel was the only Hispanic programmer in the firm. He had the most seniority and the best record of
promotions, raises and overall achievements of the 15 programmers.
You are Juans lawyer. He comes to you with a right to sue letter from the EEOC; meaning all administrative
remedies are exhausted. He wants to sue for racial discrimination.
QUESTIONS

1.Explain to Juan the two theories of discrimination and what is needed to prove them.
2. Apply each theory to this case going step by step; including the shifting burdens of proof.
3. Show what facts will help each party meet their burden of proof.
4. Give your opinion which theory will be strongest and why.

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