Juan is a chemical engineer at Blue Whale Chemicals. He is the only Hispanic employee in his department. He is terminated after 10 months on the job based on poor performance. According to his supervisor, Juan continued to be the least productive employee in the department in spite of frequent feedback and training given to him. Juan believes he has a good claim for discrimination because he was the only Hispanic in the department. Which of the following holds true in this scenario?

Claims of national origin discrimination are the fastest growing category under Title VII.

¨Drug tests searching for illegal substances are medical exams.

¨To be defamatory, statements must be false or, if true, must damage the reputation of the plaintiff. 

To comply with the Equal Pay Act, an employer may reduce the wage rate of the higher paid employees or raise the pay of the lower paid employees.

Differences in wages are permitted under the Equal Pay Act (EPA) if based on age or family size.

When courts consider whether a worker is an employee or an independent contractor, under the economic realities test, courts consider whether a worker is economically dependent on the business or is in the business for himself or herself.

The “lion tamer” doctrine is that an employer’s decision is discriminatory, even if the decision maker was motivated by a legitimate concern, if the decision maker was relying upon negative information from another employee motivated by unlawful discriminatory or retaliatory animus.

Bob is hired as a financial analyst at Eager Beaver Investors under the employment condition that for the first three months he will not be eligible for any incentives. Based on Bob’s performance during this three-month period, the company will classify him as a permanent employee, raise his salary by 10 percent, and provide him a share of incentives. However, even after Bob performs above the standard during the first five months at her job, the company refrains from acting accordingly to avoid certain costs. Thus, Bob can avail a cause of action for:

It is unlawful for a person or other entity to hire for employment in the United States an individual without verification of his or her employment eligibility.