Discrimination and Theory of Discrimination


Mark Luckerberg starts a new media platform that specializes in privacy and security and advertises for a number of new positions in the company, including a personal assistant and a security analyst. Sheryl, who has a degree in computer science and experience working for a big tech firm applies for the security analyst position but gets offered the personal assistant position. Thinking that once she’s in the company she’ll be able to use the assistant position as a stepping stone to a better position, she accepts the job offer. Mark then hires Eric, who has an associate’s degree and minimal computer experience, for the security analyst position. Shortly after being hired, Sheryl overhears Mark on the phone saying how he hopes that Eric quickly learns the skills necessary to do the job since Sheryl was actually far more qualified than Eric but hey, who would want a woman in charge of security? Sheryl sues Mark.

1. Under what law would Sheryl sue Mark?

2. What would be the theory of discrimination as well as the type of discrimination? 

After leaving Mark’s company, Sheryl, who is an observant Jew, applies to be a computer science teacher at a private Catholic school. The school has a rule that every teacher has to oversee at least one student club. All student clubs meet every other Saturday. Because Sheryl observes the Sabbath on Saturday, she asks that someone else cover that part of the job. Although the principal of the school acknowledges that Sheryl is very qualified for the job, he tells her that they cannot accommodate her not working on Saturdays. Sheryl sues the school.

3. What would be the theory of discrimination as well as the type of discrimination?

4. What would be the likely outcome of the lawsuit? (Include in your discussion if the school would have any defenses.) 

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