Among those who took the US Civil Service Exam, Ms. Imelda received the highest score on the written portion. Feeling confident, she applied for a position with the city of Cary, NC. The position required the preparation of written reports and the handling of complaints from the public, either by telephone or face-to-face. Ms. Imelda is a native of the Philippines and English is her second language. When she was interviewed for the position, the interviewers had difficulty understanding her because of her thick Filipino accent. The city of Cary decided not to hire Ms. Imelda because the interviewers believed that her heavy accent would impede her verbal capability to respond to complaints, which was an integral part of the position.
Upon learning that she did not receive the job, Ms. Imelda appealed through a number of channels. When these appeals proved unsuccessful, she filed an action under Title VII of the Civil Rights Act. She claimed that she was discriminated against because of her accent and thus by her national origin.
Answer the following questions about the case. I suggest doing additional research. Be sure to cite your sources.
Is the city of Cary liable for discriminatory employment? Explain.
What could the city of Cary have done to mitigate the risk of this claim?
What legal defenses do you believe are available to the city of Cary?
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