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?
Duong can bring forth a prima facie case based upon how his height fits as a matter of Title VII wherein uneven application of height restrictions, serve as a pretext for disparate treatment of protected groups such as the group that Duong is from. The specific employment practice of height restrictions at the trucking business adversely and disproportionately affects Asians who ...
This solution provides students with the protections and legal recourse that a person who has been discriminated against for their height could seek as well as the Title VII's rules in reference to discrimination in the workplace regarding employment law on height discrimination.