In Desert Palace what is a mixed motive case? Give an example from the text. Question 2. Question : What remedy options exist in a mixed motive case where the jury determines that the employer demonstrated that it would have taken the same employment action of termination regardless? Question 3. Question : In Albemarle did a showing that the employer had not acted in bad faith relieve the employer from a back pay obligation? Explain your answer. Does the Supreme Court agree with the district court’s ruling in Albemarle that it has unfettered discretion in fashioning a remedy? Explain your answer. Question 4. Question : In Gilmer what position did the court take on companies that chose to place mandatory arbitration clauses in an employment contract? Question 5. Question : In Steelworkers what led Kaiser to contract with the union concerning the affirmative action training program? What did the Court state was the question before it? Question 6. Question : Can the Court set guidelines for what are permissible and impermissible affirmative action plans? Explain your answer. Question 7. Question : In San Francisco Police did the district court determine that the decision to re-score the components of the exam was not a race- and gender-conscious act? Was the city’s obligation under the consent decree not to practice racial or sexual discrimination applicable to white male police officers? Explain your answer. Question 8. Question : In Waffle House evaluate the dissent’s view as it relates to Baker waiving his “right to seek relief for himself in a judicial forum by signing an arbitration agreement.” Question 9. Question : In Beverly Enterprises are sanctions issued against government contractors calculated to punish them for failure to live up to their affirmative action responsibilities under these contracts? Explain your answer. Question 10. Question : In Saint Francis College why did the plaintiff bring a Section 1981 claim rather than rely on a Title VII claim? Question 11. Question : Can a Section 1981 claim include a charge of discrimination by one Caucasian against another? Explain your answer. Question 12. Question : Did the plaintiff prove that St. Francis College had discriminated against him because of his Arabian ancestry? Explain your answer.
