Kitty is a receptionist at the Bluth Company, a real estate development firm with 75 employees in sunny Orange County, California. Kitty takes 10 weeks off of work after the birth of her first child. When Kitty returns to work, she finds that the company has hired a new receptionist to replace her. However, Kitty’s boss offers her a job in the copy room, making photocopies and keeping the space organized. Although the copy room job has the same pay and benefits as her old job, Kitty rejects the job because she doesn’t want to work in the small, confined space of the copy room.
After Kitty turns down the job, the Bluth company seeks to hire a new copy room attendant, noting in the job listing that candidates must have a bachelor’s degree. Ten people apply for the job: 9 of the applicants are Hispanic, 1 is white. The white candidate is hired because he is the only applicant with a bachelor’s degree. Marta, a Hispanic woman, does not get the job because she only has a high school diploma, even though she has prior copy room experience.
The population of Orange County is 60% white, 20% Asian, and 20% Hispanic. The Bluth company workforce is 95% white, 3% Asian and 2% Hispanic. In Orange County: 40% of white residents have a college degree, while only 10% of Hispanic residents do.
Kitty and Marta come to you for legal advice. They want to know: (1) what laws are relevant to their particular situation and (2) whether they would be likely to prevail in a legal claim against the Bluth Company. Explain your response in as much detail as possible.