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Duong is an American of Vietnamese ancestry. He wants to wor

Duong is an American of Vietnamese ancestry. He wants to work for A-1 Trash Collection, Inc. as a trash collector. Duong is very strong as he has done amateur weight lifting for five years. However, when he applies he is told that he is too short because all employees who work on the trucks must be at least 5'7", and he is 5'4''. A-1 is a family business run by Bob and his son Dave, who drive two of the trucks, and their wives who staff the office. There are also two other drivers and six other helpers. Discuss whether Duong can bring a case under Title VII or another law? What does he have to prove to prevail?

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Duong would not bring an action under Title VII, because the Civil Rights Act does not apply in this case. He would only be able to use Title VII as a defense if the discrimination was for race, color, religion, sex, or national origin. In this case, we have a physical characteristic that is not qualified as a disability, so he cannot pursue under the ...

Solution Summary

Duong is an American of Vietnamese ancestry. He wants to work for A-1 Trash Collection, Inc. as a trash collector. Duong is very strong as he has done amateur weight lifting for five years. However, when he applies he is told that he is too short because all employees who work on the trucks must be at least 5'7", and he is 5'4''. A-1 is a family business run by Bob and his son Dave, who drive two of the trucks, and their wives who staff the office. There are also two other drivers and six other helpers. Discuss whether Duong can bring a case under Title VII or another law? What does he have to prove to prevail?

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