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Give a thorough explanation of how both disparate treatment and disparate/adverse impact cases operate. What are they, how do you recognize them, how are they proven (what are the necessary elements), and what defenses are available to each, describing how to prove such defenses.
2. Answer the following fact pattern:
Linda was employed with Southern Telephone Company as a telephone operator for ten (10) years. Bored with this job, she applied for an open position as a telephone repairman which paid $10.00 per hour more than she was currently earning. This position required the employee to be able to climb to the top of a telephone pole wearing a tool belt weighing approximately 15 to 20 lbs to make repairs. Southern Telephone Company refused to admit Linda into the training program for the position claiming that she was incapable of performing the duties of the position because she was female. Discuss this scenario from both Linda’s and Southern Telephone Company’s point of view, including the basis for the relevant claims and defenses.