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Instructions
read the attached employment arbitration award authored by Arbitrator M. Catherine Farrell and answer the following questions in the text box provided:1. What are the two forms of discrimination that the Claimant has alleged in this case?2. How did the Arbitrator decide on each of these allegations and what criteria was used to base these decisions?3. In one sentence, state the employer's ("Respondent's") position.4. On page 7 of the Award, the words, "prima Facie" appear. Please define this term.
Answer
Employment Arbitration AwardQuestion 1The claimant alleges that the forms of discrimination displayed are those of gender and age. These characteristics are identified under the legal terms of protected class and persons are immune from discrimination based on their age and gender characteristics. The claimant arguments therefore revolve around the fact that the employer discharged employees based on these characteristics and thus demonstrated violation of anti-discrimination law.Question 2 The arbitrator dismissed the claimants allegations based on the fact that she was unable to prove that her employer had discriminated against her as she claimed. The criteria that was used by the arbitrator in coming up with this decision was one that was based on two theories; disparate treatment and...
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