Whether a state employer's refusal to hire a person based on race while citing workforce racial balance concerns constitutes intentional racial discrimination under Title VII and the Equal Protection Clause

QUESTIONS PRESENTED “For the purpose of Title VII and the Equal Protection Clause, does a state employer’s refusal to take a required step for the hiring of a person because of that person’s race Constitute intentional racial discrimination if the refusal was based upon the employer’s various concerns about the racial balance in the employer’s workforce?” . P ; 1. Does acase in which the court held that arbitration clauses in employment contracts are enforceable as a matter of federal law? 14 Penn Plaza LLC v. Pyett 556 US 247( 2nd Cir. 2009). 2. Should the District/Appellate Court have awarded backpay? Can an employer avoid suits under the Equal Employment Opportunity Act of 1972 By proving that discriminatory hiring tests are jobrelated? Albemarle Paper Company v. Moody 422 US 405 (4th Cir. 1975). . 3. Did the Circuit Court use the proper standard of evidence for establishing that an employer’s asserted nondiscriminatory reason for a hiring decision is pretextual? Can an employer's use of the word “boy” to refer to an employee ever be evidence of a racial animus?Anthony Ash v. Tyson Foods, Inc. 546 US 454 (11th Cir. 2006) : 4. May a worker sue his employer for retaliation under the Civil Rights Act of 1866? CBOCS West, Inc. v. Humphries 533 US 442 (7th Cir. 2008). 5. Is the Equal Employment Opportunity Commission’s Regulations, which permits the verification of a timely filed discrimination charge after the limitations period, valid? 6. Does the Court’s ruling Village of Willowbrook v. Olech, 528 U.S. 562 (2000), allow so-called “class of one” equal protection claims against government ' bodies in the context of employment discrimination? Engquist v. Oregon Department of Agriculture 553 US 591 (9th Cir. 2008). 7. Does a case in which the Court held that if an employer may be held liable under Title VU of the Civil Rights Act if an applicant can show that his need For.an accommodation was a motivating factor in the employer’s decision, Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. 575 ‘ US (10th Cir: 2015). oo : an oe ce : ce : 2. 8. Does an intake questionnaire submitted to the Equal Employment Opportunity Commission qualify as the charge of discrimination required by the Age Discrimination in Employment Act, even if the EEOC did not treat the questionnaire as a charge? Federal Express Corporation v. Holowecki 552 US 389 (2nd Cir. 2008)). 9. Does congress have the authority to prohibit racial discrimination under Title VII absent proof that a governmental agency purposely discriminated on the basis of race? Can a court rely on statistical evidence to find prima facie case of race discrimination? Hazelwood School District v. United States 10. May a plaintiff, under Title VU of the Civil Rights Act of 1964, sue an employment discrimination claim that falls outside the statute's 300day limit? May a plaintiff sue on claims that fall outside the period so long as the , claims contribute to claims that took place within the period? 11. Did both Courts erred in its discretion to deny the petitioner's application to proceed Forma Pauperis under 28 U.S.C. § 1654? 12. Did the recruiting procedures violate the Equal Protection Clause of the Fourteenth Amendment? 13. Does the given name of the civil rights activist name “Malcolmx” resulted in his job discrimination with him being barred from employment due to being an . african American male? :