Job Discrimination Legal Analysis

In response to a job posting, Ana Armstrong, a *-year-old woman, applies for a job as a driver at Deluxe Delivery Services. She has a valid driver’s license and has driven extensively for 25 years, but never for pay. Ten years ago, she received one speeding ticket, for which she paid a required fine. She is a vegetarian and a Cap- ricorn. After a brief interview, at which all of these facts emerge, Ana is rejected for the position by Bob Brown, Deluxe’s owner. Ana comes to you for legal counsel. You do some investigation. The first call you make is to Bob, who admits that the job is still open, but explains that he rejected Ana because “Capricorns make lousy drivers.” Bob adds, “I only hire driv- ers with spotless records; besides, she’s too old to adjust to the rigors of driving a van all day, especially since she doesn’t eat meat.” When asked whether Ana’s gender played a part in the decision, Bob replies, laughing, “Of course not. I love women. I’m even married to one!” You then drive by Deluxe’s lot to conduct a visual survey and see an almost total absence of women drivers. It is common knowledge that there is a heavy turnover in the delivery-driving business. How would you analyze this case based on the law of individual disparate treat- ment discrimination as you understand it?

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