Discrimination claim
You represent two employees that work for a company with over 100 employees. One of the employees is transgendered and the other is homosexual. Recently they were both up for consideration for a promotion at the company and were passed over for a cisgendered heterosexual.
1. What more would you want to know about the case to decide if either client has a discrimination claim?
2. Presuming the company is part of the federal government and the transgendered client was told that she would be passed over because the new position required interaction with clients and they feared that the clients apparence and background might impact sales and that while their supervisor did not have any issue with their identity he or she feared that others outside the company might not have similar views. Is there a legal claim here? Based on this is there a violation of federal law? Please draft a legal argument of a 2-4 paragraphs outlining why you think such behavior would be in violation of Federal Law (Make sure to discuss Bosctock).
3. Presuming that the company is a private company in the state of Virginia and the homosexual client was told that his new position required overnight travel where he would stay with other employees in the same room. The company has a policy that prevents opposite sex partners from traveling together for fear of potential sexual harrassment. In the past this has not been much of a problem since all but two of the employees in the company in this position are men and the two women just travel together and are both heterosexual women that are married. With the majority of remaining emoployees in this position are men they decided it would be too expensive to promote your client as they would have to pay for multiple rooms and possibly even have to pay for separate travel. When your client complains of this they offer him the position but indicate that he would have to pay for his own travel expenses when no one else has to do the same. Based on this is there a violation of federal law? Please draft a legal argument of a 2-4 paragraphs outlining why you think such behavior would be in violation of Law (Make sure to discuss the Virginia Values Act).
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