FitnessTime, a Manhattan company with 16 employees, offers online fitness sessions. Christie, the CEO of FitnessTime, decided to hire new trainers. Jerry, Connor, and Abigail interviewed with FitnessTime.
a. Jerry impressed Christie with his professional credentials and his physical appearance. Christie hired him on the spot. Christie promised to promote Jerry to chief training officer by the end of the year if he agreed to date her.
b. Christie decided not to hire Connor, a 39 years old male. Connor is in excellent shape and works as a personal trainer 5 days a week. However, Christie tells Connor that she prefers to hire younger trainers to maintain the company’s trendy image.
c. Christie also decided not to hire Abigail, despite her impressive background, experience, and references, because Abigail wore a “Gugu Melon” workout outfit to the interview. Christie despises the Gugu Melon fashion brand.
Jerry, Connor, and Abigail consider suing FitnessTime for employment discrimination. They turn to you for legal advice. Discuss fully whether Jerry, Connor, or Abigail have any claims against Christie and FitnessTime.
Christie discriminated the hiring of trainer on basis of age and cloth appearance. Even if she asked for age but she can't declare its decision on the basis of characteristics such as body appearance, age and looks. It is the Federal law that protect people from employer discrimination in terms of age, race,national origin and religion. In this case, Chisrstie has more than 15 employees so she is covered under other provision except age under federal law. Jerry,Conor and Abigail can consider local or state anti discriminatory laws against her. It is hard to prove that one is get rejected and other hired for age only but they had communication proof then three of them have claim and can sue Christie as well. It comes under direct discrimination.
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