Given the following scenario, answer the questions below: Chloe Smith, is an account representative for CTE Advertizing, a company employing 13 full-time and 3 part-time employees in Oxford, MS. She took the job right after college and now is departing after three years to go to graduate school. The employer was thrilled with Chloes work, and when it gets notice that she is leaving, CTE sets out to find a replacement. Sylvia, an African American, applies for the job. Sylvia holds an associate degree from an online business institute, and has spent the last five years working as a sales rep for a regional radio station. One year ago Sylvia's sales performance won her promotion to Executive account representative in one of the station's major departments. However, CTE rejects Sylvias application on November 1, 2018 because she is not a graduate of a four-year college. This action triggers a charge with the Memphis EEOC two months later on January 6, 2019. Statistical evidence shows that in the local labor market for sales representatives African Americans are significantly less likely to have four-year college degrees than Whites. The employer defends its education requirement by attributing Chloes success to the fact that she was college-educated, noting that the account representative position involves not only traditional sales work, but also more complex responsibilities such as preparing reports, and training and supervising other sales staff. The investigation reveals, however, that, until Chloe, none of the CTEs prior successful account representatives had college degrees. Additionally, this requirement is not the industry standard. Most importantly, the employer presents no evidence that a college degree is more predictive of, or correlated with, job performance than a degree from a business institute plus significant relevant experience (i.e., Sylvias qualifications), or other credentials and experiences that would render a person qualified for the job.

1. Is CTE a covered employer under Title VII? Why?

1. No, CTE does not meet the minimum employee threshold.

2. No, CYE does not have enough full-time employees

3. Yes, CTE does meet the minimum employee threshold.

4. Only A & B are correct

5. None of the above are correct.

2. Which form of actionable discrimination is being addressed in this scenario?

1. Disparate treatment

2. Intentional discrimination

3. Disparate impact

4. Only A & B

3. Was the case filed in a timely manner?

1. No, waited too long

2. Failed to file within the 300 day minimum for Tennessee.

3. Yes, filed in time

4. Only A & B

4. What would the employer's defense in this case?

1. Business necessity

2. Bona Fide Occupational Qualification

3. Legitimate nondiscriminatory reason

4. A & B only

5. Who will prevail? Slyvia or CTE? Why?

1. CTE, because the college education is a BFOQ and business necessity.

2. Slyvia, because CTE's BFOQ was a pretext.

3. CTE, becuase Slyvia did not file in a timely manner

4. Slyvia, because CTE's college education is not a business necessity.

5. None of the above