You Are the Judge Hearing a Motion for Summary Judgment

question 14

Multiple Choice

You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated.The employee was the sole African-American customer service representative at the firm,who had a lengthy record of good evaluations.However,she received more negative evaluations over a period of three years after a new supervisor was hired,and the more stringent requirements applied to her were not applied to white employees.After 3 years,the employee was then selected for termination in a downsizing based on the previous 3 years' evaluations.Based on this evidence,what should you decide?

• A)you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
• B)you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
• C)you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
• D)you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee's race
• E)none of the above

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Definitions:

Public Mind

The collective beliefs, opinions, and perceptions held by the general population at a given time.

Charles Horton Cooley

An American sociologist known for his theory of the "Looking-Glass Self," which suggests that a person's self grows out of society's interpersonal interactions and the perceptions of others.

Blumer's Methodology

An approach in social research developed by Herbert Blumer, emphasizing the importance of the meaning individuals ascribe to objects, events, and behaviors in their social interactions.

Leading Questions

Questions formulated in such a way that they suggest the desired answer or influence the respondent towards a predetermined response.