5. On what grounds might Scott sue the restaurant or Jack? Scott can sue the restaurant or Jack for discrimination of his sexual orientation, but depending on the state they are in. The textbook states that: “Employees in approximately twenty-one states, in addition to the District of Columbia, enjoy protection under state law. State laws generally prohibit discrimination against any sexual orientation (including heterosexuals) and usually include perceived sexual orientation (regardless of whether the person identifies as such). Approximately 180 cities address discrimination based on sexual orientation through municipal laws.” (Walsh, Pg. 411). According to an online article titled “Sexual Orientation Discrimination,” this term is defined as “when an employee is subject to negative job actions, harassment, or denial of certain benefits because of his or her sexual orientation.” or the sexual orientation of someone they are close to. (Equity in the Workplace, 2015). Based on the language and reasoning that Jack is using to explain to Scott why he wasn't promoted to waiter, he is leading Scott and the viewers to assume that this is based on the sexual orientation of Scott and his friends. From the facts presented in the video, Scott displays the qualities of a diligent and dedicated worker and has in no way hindered the success of Jack or his business. Can employers use “customer preference” as an excuse to fire or not hire people? Employers have some leeway when it comes to deciding who they want to hire and/or fire; employers can rely on the use of a bona fide professional qualification to accommodate their preferences. This term is defined in the textbook glossary as "the only way an employer can prevail in ... middle of paper ... ge cases of discrimination with the EEOC." (EEOC, 2009). Unless Jack can actually demonstrate why Scott isn't qualified for the promotion, other than that customers "feel uncomfortable" around him, or that Jack's regulars aren't used to Scott's "crowd," then Jack would not have a solid defense. in this case.8. The lesson learned? During this discussion, I learned more about discrimination than I knew before. However, what I found most interesting was when going through Chapter 11 and reading about the FMLA law. This section really stood out to me because it was directly related to my current job position. I currently work at a gynecology office and am responsible for filling out patient FMLA and disability forms. Having the opportunity to read up and learn more about these acts was not only informative, but also extremely helpful!