RIGHT TO HIRING PRIVACY AND PERSONAL INFORMATION

Full Answer Section

The question about how the applicant's husband handled the fact that she was away from home so much is also discriminatory. This question is based on the stereotype that women are primarily responsible for childcare and that men are not. This stereotype can lead to discrimination against women in the workplace, as employers may be less likely to hire or promote women who have children.

2. Was the interview “tainted” to begin with, as the interviewers were all male and the applicant was female? Why or why not?

The fact that the interviewers were all male and the applicant was female could be considered a factor that tainted the interview. This is because the interviewers may have been more likely to ask discriminatory questions to the female applicant. However, it is important to note that the mere fact that the interviewers were all male and the applicant was female does not necessarily mean that the interview was tainted. The attorney would need to consider all of the facts and circumstances of the case, including the specific questions that were asked, to determine whether the interview was tainted.

3. What else would the attorney need for facts or other written evidence before the attorney decides there is sufficient grounds to file a grievance or complaint against company?

The attorney would need to gather additional facts and evidence before deciding whether there is sufficient grounds to file a grievance or complaint against the company. This evidence could include:

• The applicant's written statement of the interview
• Notes or recordings of the interview
• Witness statements from people who were present at the interview
• Any other documentation related to the interview, such as the job application or the offer letter

The attorney would also need to consider the applicant's damages, such as the emotional distress she suffered as a result of the interview. If the attorney believes that the applicant has a strong case, she may file a grievance or complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the case and may decide to file a lawsuit against the company on behalf of the applicant.

In addition to filing a grievance or complaint with the EEOC, the applicant may also file a lawsuit against the company in court. The applicant would need to prove that the company discriminated against her on the basis of her sex in violation of Title VII. If the applicant is successful in her lawsuit, she may be awarded damages, such as back pay, front pay, and emotional distress damages.

Sample Solution

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. The questions asked by the interviewers in this case could be considered a violation of Title VII's prohibition on sex discrimination.

Specifically, the questions about the applicant's marital status, children, and childcare responsibilities are all questions that are not job-related and could be used to discriminate against the applicant on the basis of her sex. For example, an employer may be more likely to hire a male applicant who is married with children, because the employer may believe that the male applicant is more likely to be stable and reliable.