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Tad’s exclusion from the job is consistent with a business necessity and would not cause undue hardship. Disparate treatment is presumptively valid; it is not necessarily unlawful, but it is highly unlikely to withstand scrutiny at the pretext stage. The fact that a legitimate reason for exclusion existed from the outset, and that the employer chose not to offer the job to Tad, is not evidence of pretext.
Example 3: Disparate Treatment Based on Age. Kasey and Kaleb are both 17 years old. Kasey has completed his first year of community college and has been admitted into the community college's nursing program. Kasey is interested in earning a nursing degree and hopes that the education will eventually qualify him for the California Registered Nurse license. Kasey's experience includes a year as an EMT-Paramedic in his community, training with a private company that is a high-quality provider of advanced life support services. Kaleb has only been in the public school system for one month, and has missed two weeks of school, and was not involved in any incidents of behavior that would impair his ability to succeed in school. Neither Kasey nor Kaleb has any previous criminal record.
Craven also made a handful of serious dramas, including the highly acclaimed The Serpent and the Rainbow (1986). The psychological thriller follows a small town psychiatrist (Nicolas Cage) as he investigates the unexplained deaths of a group of men. The film won the Grand Prix at the Cannes Film Festival and was nominated for two Academy Awards, one for Best Picture and the other for Best Actress (Susan Sarandon). Craven's Oscar nomination (which he lost to Brian De Palma) was the second of his career.
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