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Part I
Scenario I: Discrimination
The Mad Beach Club, which is a small casual restaurant in Cleveland, Ohio. There is a total of 19 employees where only 4 of them are full time. We had two applicants that applied for the position, there was Mandie that is transgender and 46 years old who has multiple years in waitressing and bartending as her job experience. Then we have Joy, which is 25 years old with only 1 year of Hooters experience behind her. Mad Beach Club hires Joy and Mandie finds out there was a 25-year-old college student that was hired with less work experience than her. Mandie files a lawsuit of discrimination against Mad Beach Club. When Mandie files the discrimination against the employer, she must first see that this happened in the state of Ohio, happened within 6 months of filing the lawsuit, and did this happen because of age or gender. Mandie answering these questions might feel it is because of gender and age (Corporation, 2010). The outcome of this lawsuit would be that there was age discrimination. The reason would be that hiring a 25-year-old that has only 1 year of experience compared to multiple years of qualified experience. When they go to court, the plaintiff must have proof that age was not the cause of their hiring decision (Twomey, 2017)
Ohio law does not protect transgender cases of discrimination based on transgender or any LGBTQ communities for employment, housing, and public accommodations (Trans Know Your Rights, 2018). If not protected under LGBTQ, if Mandie was a transgender male then there could be a suit for hiring a female over a male using the sex discrimination. There are some questions that still need to be answered because it is hard to determine if this more of a sex discrimination or LGBTQ. If it is based on sex discrimination then there could be chances for Mandie to win the lawsuit, however if it is just based on transgender, sexual orientation or identity/expression then there are no laws to protect these areas (Trans Know Your Rights, 2018). Transgender not being a protected class, the outcome of this suit would be slim on Mandie receiving any compensation or that she was discriminated against.
Part II
Employment Discrimination
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