QUESTION 43 Use this fact pattern to answer Question #s 43 - 46. Jose Martinez worked at Heartland Corporation as a sales associate for five years. He met all performance goals and had an exemplary professional relationship within his sales territory and with his customers. Sparky Narrowmind became Jose's new supervising manager when his original manager, Oscar Kindheart, retired. In a recent sales meeting, Sparky asked Jose how he had "crossed the border to get into the U.S. Jose Martinez is a U.S. citizen who's his parents were born in Mexico. Jose did not answer and did not speak for the remainder of the meeting. Over the next 3 months, Sparky's comments about Jose's family's country of origin became more hostile. Despite this, Jose continued to meet performance goals and continued to work well with his customers. One day Sparky called Jose into his office, explained that a decrease in sales and an economic downturn in the industry meant Jose had to be fired. Jose was the only salesperson in the company to lose their job. The percentage decrease in sales that led to Jose's termination was much less than a sales decrease the company experience 2 years prior, and no employee was terminated at that time. Jose contacts your office for 2 legal advice. You advise him the prohibition on discrimination based on national origin under Title VII. Question #43: What evidence supports the claim that Jose Martinez is a member of a protected classification? A. Jose is a U.S. Citizen. B. Jose is from Mexico. C. Jose's parents' country of origin is Mexico. D. None of the choices above. QUESTION 44 Using the facts in Question #43: Will Jose Martinez be able to prove a prima facie case of National Origin Discrimination under Title VII? A. Yes because he continued to meet performance goals required by his job and maintained a positive professional relationship with his sales customers. B. Yes because he was terminated from his sales position. C. Both choices A and B. D. Neither choices A nor B. QUESTION 45 Using the facts in Question #43: Does the employer have the ability to argue they terminated Jose for legitimate and non-discriminatory reasons? A. Yes. The employer experienced an economic downturn due to a decrease in sales over prior years. B. Yes. Despite Jose's efforts, he was unable to prevent a decrease in sales for the company. C. No. An economic downturn is never a legitimate and non-discriminatory reason for an employer's actions under Title VII. D. None of the choices above. QUESTION 46 Using the facts in Question #43: Will Jose Martinez succeed in his Title VII discrimination case? A. No because courts do not question industry downturns. B. Yes because Jose can offer evidence of pre-text under the Shifting Burden Analysis: he was the only sales person in the company to be fired and the decrease in sales was less than a previous decrease when no employee was fired. C. Yes because Jose can introduce evidence that he was harassed based on his national origin D. None of the choices above