Andre Johnston, an African American black male, filed a Title VII claim with EEOC alleging that he was the victim of discrimination based on teh color of his skin. Mr. Johnston claimed that because he was dark skinned, his supervisor failed to promote him. His supervisor, Brenda Scales, was also an African American black, just lighter skinned. Mr. Johnston a. does not have a claim because he cannot claim discrimination based on color if his supervisor is also black b. does not have a claim because the “color” provision in Title VII was not intended to apply to black people c. can base his claim on discrimination based on color and/or race if Ms. Scales, while also black, is of different ethnicity d. can base his claim on discrimination based on color or race e. all of the choices are correct I’m stuck between c & d and am not sure which should be the correct answer. Clearly, color is a factor, but I’m not sure if race would be one too. I’m also not sure about “and/or” in choice c and “or” in choice d.

C. can base his claim on discrimination based on color and/or race if Ms. Scales, while also black, is of different ethnicity.

Explanation :
Well, a person of black color can sue another black colored person for discrimination, so it takes out option A, B and E.
The use of word “and/or” is of immense importance here and must be noted because it is the difference between option C and D.
While option D means either can be based on color or race but option C is correct since it can be because of race and/or color. The use of word “different ethnicity” must also be noted for discrimination based on race.

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