race discrimination

There is a scenario attached about a person who’s employment was terminated. This person thinks that he was fired for race discrimination. Two questions should be answered about the scenario:

(A) If Carter files a Title VII claim of race discrimination, what will the parties each be required to plead and prove in meeting their respective burdens of proof and production should litigation subsequently ensue? Explain.

(B) Describe in detail all causes of action which Carter may likely assert against Harper & Jennings, P.C. and identify the elements of each cause of action which Carter will be required to prove in order to prevail on the claim. Will Carter likely succeed on these claims? Explain.

The Scenario:

Carter, a black man, was employed as a legal secretary for Harper and Jennings, P.C. Although his work was adequate when he began, it never improved and never reached the level of competence of the other secretaries in the office with comparable experience. He was never offered any suggestions for improving his work, although the other secretaries, all of whom were white, were offered such guidance during annual reviews. In addition, although no one has ever demonstrated overt hostility toward him because of his race or color, he has on many occasions over the years overheard the tail end of jokes, told outside his presence, in which light-skinned black individuals were the butt of the jokes. At one time or another he has heard just about every employee, as well as the owners of the company, tell such jokes. Recently, outside his cubicle, two white male management level employees remarked that the company was hiring too many of �them� and that soon �if we�re not careful� there would be �more of �them� than there are of �us�.� Each time this happens, Carter experiences a strong sense of hurt and ostracism. On one occasion, Carter mentioned to his immediate supervisor that he found these comments to be personally disturbing. Last week, Carter had his annual performance appraisal and received average to below average ratings. Following the appraisal, the company terminated Carter�s employment.

DIRECTIONS: Answer the questions. Your response should be typed, double-spaced with one inch margins and may not exceed three pages in length.
I don’t need sources it is not an essay each question should be answered separately.


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