Discrimination Law

Kern v. Dynalectron Corp. 577 F. Supp.1196 (N.D. Tex 1983)
Wade Kern, a white, Baptist male, applied for a job as a helicopter pilot with Dynalectron. Under a contract with the Saudi Arabian government,

Dynalectron was recruiting pilots to fly patrol missions along the pilgrimage route to Mecca. Because such flights entered the holy area around

Mecca, and since Saudi law specifies beheading as the penalty for non-Muslims entering this area, a condition of employment was that pilots be

Muslim. Kern understood and accepted this condition and was hired. However, three months after formally converting from Baptist to Muslim, he changed

his mind. Dynalectron offered him another position that would become available in four months. Kern declined that position and demanded that he be

given another position immediately. The company refused. He brought suit, alleging religious discrimination in employment.
1. Is Kern (the plaintiff) charging disparate impact or disparate treatment?
2. What is the legal basis or provision for the discrimination that Kern is alleging?
3. What would be his prima facie case?
4. Based on your answer to the second question, what defense would Dynalectron (the defendant) use?
5. What information would Kern’s attorneys ask for? Dynalectron’s attorneys?