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In this case he could argue that height is not related to job performance especially since ladders are available. He may state that Hispanic men may have a higher chance of being less than six feet tall. I would want to know fact on average heights to see if there is any truth to that. He would also want to know who currently works there to see if there is any pattern there.
4. An employee can sue under Title VII without adverse employment action. The employee must prove the sexual harassment even exists. Under Title VII they do have the right to sue even though no “tangible” losses of “economic character” have been suffered...
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