a). No, Jamal is not an Associated Industries’ employee, he is employee of the Employment Agency. Since his paycheck came from the employment agency.
b). Since, Associated Industries is not Jamal’s Employer, it does not qualify as an employer under Title VII, The employment agency would be considered as Jamal’s Employer under Title VII.
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c). If we assume that Jamal is Associated Industries’ employee and it is considered as his employer under Title VII then Jamal can put forward the following data points to prove a valid retaliation case :
Jamal was working with Associated Industries since close to one year and it is prohibited to hire employment agency if the number of employees at the firm are more than 15, and for six months during June to November, they hired 17 employees which is against the law. So, Jamal was discriminated because of his race and was asked to leave without any clear and valid reason for his firing. So, yes, since the violation of 15 employees rule was violated by Associated Industries under Title VII, they would be penalized and Jamal was working with the firm since a year, and he was not given any warning or indications to improve on his work or any other valid reason. Jamal being from African American descent has been targetted. Hence, I think his case would be strong and he should prevail.
