Although billy revealed that he is homosexual to his colleagues, he has not done anything inappropriate at work, or spoken of his sexual preference since that time.

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“You are the managing partner of a small New Jersey business (“the company”), with one location in Atlantic City. The practice has only five employees, including you. You are tasked with hiring a new computer technician for the facility. You choose to hire Billy, who is the most qualified for the position. After Billy is hired, Billy reveals that he is a homosexual to the other members of the practice. Jen, who has worked at the practice since its inception 10 years ago, and has had excellent performance for all 10 years, is devotedly religious. She sincerely believes that homosexuality is immoral and that Billy is a sinner. She comes to you and says that you need to fire Billy because he is homosexual, and that homosexuals can’t be trusted. Billy has performed superbly since he began work. He is one of the best computer technicians the practice has ever had. Although Billy revealed that he is homosexual to his colleagues, he has not done anything inappropriate at work, or spoken of his sexual preference since that time. When you don’t immediately fire Billy, Jen gets upset and says that Billy being present at work is violating her religious rights. You are concerned that if you fire Billy, you may face a lawsuit from Billy, but if you don’t, you may face a lawsuit by Jen. What should you do?”
In an essay:
(a) identify the Federal and New Jersey laws that are relevant to your decision and what specific claims Billy or Jen may bring against the company under these laws;
(b) analyze the likelihood that the company would prevail in defending a lawsuit
(i) if you fire Billy and he sues under state and federal discrimination laws, or
(ii) if you don’t fire Billy and Jen sues under state and federal discrimination laws.
(c) Based solely on your legal analysis, what should you do in this situation to best protect the company from liability? Integrate New Jersey (state and federal) statutory and case law (from Westlaw) to support your analysis of these issues. Complete this part of the assignment by posting a new thread containing your essay on the discussion board by11:59pm EST on Saturday noted on the checklist.

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