Jin,an Asian male,is fired after being late for work three times.His employer has a rule that employees may be fired after being late for work twice.However,the rule has only been enforced against Asian workers while employees of other national origins have been retained with only a warning.In this scenario,Jin:

Question

Quizplus · Accepted Answer

Jin has a national origin discrimination claim based on disparate treatment because the employer treated Asian workers differently from non-Asian workers. The action is not considered disparate impact because the policy of terminating employees after being late does not adversely impact those of a given national origin. Rather, the employer's selective enforcement is an example of disparate treatment.

Jin,an Asian Male,is Fired After Being Late for Work Three