Search This Blog

Thursday, August 9, 2012

Group 2: Chapter 7 Question 15 by Devyn Greenberg


Court Decision:

George was being recruited by NASA for a position that required him to undergo extensive psychological testing. George was told that he was suspected of being homosexual and he neither denied nor affirmed if he was. NASA ultimately didn’t hire him, and George filed a claim stating he was discriminated against because of NASA’s perception of his sexual orientation.

The district court ruled in favor of the plaintiffs, yet it was over turned stating "gay people are a 'quasi-suspect class' entitled to heightened scrutiny."

Questions to Consider:
On what legal provisions can George base his suit? Is he likely to win? Would the outcome be different if George applied for a flight engineer position that did not involve classified national security information?

Group Decision:
We believe that, based on the information given, George does not have the ability to win the suit because the speculation that NASA denied him because of their suspicion of his sexual orientation. It was never clearly stated who was the one that told George that NASA was suspicious, and it was purely speculation. So we believe George does not have a case.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.