Fact Pattern

Ann Hopkins works for Tom Cruise and is part of his consulting firm (Tom and Friends Consulting LLP). Tom likes Ann because she gets good results for his clients and in the process makes lots of money for him and the firm. Ann was up for partnership, but denied two years in a row.

Ann has come to you claiming her denial of partnership was based on her lack of conformity to stereotypes about how women should act and what they should look like. Often co-workers (never Tom Cruise) described her as aggressive, foul-mouthed, demanding, and impatient with other staff members. During her most recent evaluation, a written comment made by a partner stated that what Hopkins needed was a "course in charm school."

After her promotion was postponed for the first year, Hopkins met with the head supervisor of her department, Thomas Beyer, who told her that to increase chances of promotion she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry." Hopkins was well qualified for partnership (per Tom Cruise), and frequently outperformed her male co-workers (except for Tom Cruise - of course). Many male employees said they would not be comfortable having her as their partner because she did not act the way they believed a woman should.

Despite Tom Cruise's best efforts, Ann resigned from the consulting firm when she was rejected for partnership for the second year and sued for violating her rights under Title VII of the Civil Rights Act of 1964.

Assignment

As none of the facts are in dispute - Tom Cruise was able to get the parties to stipulate to all the facts. In this situation you are Ann's attorney and now it is your job to present a three page brief to a private mediator advocating for Ann Hopkins and explaining why she is a victim of gender discrimination. This brief should be put in the format of a professional letter to Judge Leo Wagner of Judicate West(Links to an external site.) (he is resident in the Orange County office) and should not be more than three pages double spaced. Please be sure to address the following two points (each getting their own IRAC):

1. Whether Gender is a Determining Factor
2. Constructive Discharge

I am not going to give you a specific means to organize the document, but I would ask that you make it clear to me in some manner where you apply IRAC to each of the two issues discussed. The rules for the two legal issues you are to analyze are set forth in this week's chapter of the textbook. If you are struggling with this point, I would ask that we discuss during office hours (please).

Hints

• The same hints as the previous Case Analysis assignments apply.
• In this situation I am placing emphasis on your ability to understand and apply IRAC and to present an organized document.
• If you never intend to take another law related course again in your life - congratulations as this will be the last time you utilize IRAC.