An employer operates a business in which most of the employees are caucasian females, and most of them are over the age of forty. There are a few male workers, but they also tend to be both white and older.
The business hired a younger man, in his twenties, who is also of Latino heritage. Since he was hired, he has been treated differently than other workers doing similar tasks, not because of race or gender but because he is seen as more physically capable. For certain tasks for which two female employees might be assigned, due to a physical component, he is expected to perform the work alone. He is also more productive than female employees performing the same tasks, again due to his relative physical strength and endurance, but he is not paid any more than them. When he asked for the same level of help with more difficult tasks as is given to his co-workers, he has been told by his supervisor that he doesn't need the help.
The employee also had trouble getting permission to take breaks or go on lunch, because the supervisors didn't want to let him go on break at the same time as other employees. He might ask for a break and be told "no" because the supervisor essentially treated him like he was two workers, but a woman who asked to go on break immediately after he was declined permission would often be given permission.
He has hired a lawyer, who has suggested that the employer pay a pretty significant sum as severance pay, such that he will resign without making a discrimination claim. Should the employer consider that offer, given that none of the employer's actions were actually based on race, or anything other than his physical capacity to perform work?

