Fact Pattern 35-1A (Questions A5-A6 Apply)

question 5

Multiple Choice

Fact Pattern 35-1A (Questions A5-A6 apply)
Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well quali?fied.He passes a test to determine which applicants are eligible for hiring,but the employer discards the results,and Erasmus is rejected.Drain-Pro continues to seek applicants.
-Refer to Fact Pattern 35-1A.To successfully defend itself against Erasmus's suit,Drain-Pro must articulate

• A)a legitimate,nondiscriminatory reason for its action.
• B)a mere fear that it would be sued if it used the test results.
• C)a pretext for its action.
• D)a discriminatory basis for its action.

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Definitions:

Binding Arbitration Clause

A provision in a contract that requires the parties to resolve disputes through arbitration rather than through litigation, with the arbitrator's decision being final and legally binding.

Beck Doctrine

A legal principle derived from a U.S. Supreme Court decision that allows union members to object to using their dues for non-bargaining activities, particularly political activities.

Grievance Process

A formal mechanism through which employees can raise concerns, complaints, or disputes to be addressed by management according to specific procedures.

Poor Performer

A term used to describe an employee who consistently fails to meet the performance standards set by their employer.