However, as Nick is unqualified for the position, the medical question is moot -- Nick would not be hired because he has no experience.
Michelle has some past experience and would be under consideration. Under the terms of the Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy in employment. The Act does not explicitly prohibit Mei-Lin from inquiring about the pregnancy, but it is recommended that she refrain from doing so, as that inquiry could be used against the company in a discrimination suit should Michelle not be hired. Although ethics are not encompassed in the law, from an ethical point-of-view it would be irresponsible for SureBuild to hire Michelle, as working as a jackhammer operator would put the fetus at risk, there could be legal action taken against the company as a result for failing to provide the fetus with adequate duty of care.
Eric is experienced, but technically does not meet all of the qualifications for the job. A minimum level of education is allowable as a means of excluding a candidate from employment. Therefore, the company can exclude Eric on the basis of inadequate education. The Age Discrimination Act of 1975 only precludes age discrimination from companies that receive federal financial assistance, which is not the case with SureBuild (USDL, 2010). So technically, the company could discriminate against Eric on the basis of age.
Felipe is experienced, but does not meet two of the qualifications. Language and education are both allowable as reasons to exclude somebody from employment. Ethnicity is not -- if Felipe could speak English his being a native Spanish-speaker could not be held against him. However, it should be noted that the company does not have to discriminate against Felipe -- if the site has many Spanish speakers, and especially a Spanish-speaking foreman, Felipe's language skills may not be a barrier to his ability to perform the job.
From a legal perspective, Eric, Felipe and Nick can all be excluded from this...
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