Make sure you answer every question and each sub-part.You can use the following link: https://dhr.ny.gov/law1. Explain the difference between disparate treatment and disparate impact discrimination.2. What is the burden of proof of the Employee / Plaintiff in a disparate treatment case? What is the Employer’s / Defendant’s burden of proof?3. What remedies are available under the Title VII of the Civil Rights Act of 1964?4. Please read the following fact pattern and answer the questions below. *Hint: Use the link above to look up the Human Rights Law in NY. You will need to look at two sections: Both the statute that identifies the unlawful discriminatory practices, and the section that contains the definition of “employer” for purposes of the statute.John Smith is a solo practitioner in Albany, New York. He has one assistant in his employ, and he is looking for a paralegal. He had two applicants for the position: one male and one female. During the interview process, the male applicant volunteers that he is homosexual. After a thorough interview process, it is clear that the male applicant is the more qualified of the two. However, Mr. Smith chooses not to hire him because he is gay, and hires the female applicant instead.4.1 Please find the relevant section(s) of the New York statute that would apply to this situation. In New York, can employers discriminate against employees on the basis of sexual orientation? Please tell me the name of the statute and the section of the statute on which your answer is based. 4.2 Does Mr. Smith fall within the scope of the New York Statute? *Hint: Again, you need to know the definition of an employer as it is defined by the statute. Please tell me the name of the statute and the section of the statute on which your answer is based.
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