It consists an employee and her legal rights as well as the employer’s legal rights. You are to write a legal brief as her attorney, representing her rights and remedies. You are also to write about rights, duties, and defenses of the employer.

As you know there are many types of discrimination this assignment deals only with discrimination in Employment.

You’re an attorney :)

FACTS:

Mrs. Jones is your client she comes to you with the following set of facts. Mrs. Jones is a 42 year old African American female with a high school degree, who has worked in many retail stores for over 20 years. Her positions have varied from stocking, clerking, purchasing, as well as Asst. store manager and store manager with 5 different companies. Mrs. Jones walks with a limp and uses a cane and weighs 275 lbs. Mrs. Jones has seen an advertisement for a clerk job at XYZ drug stores. She sends in her resume and has an interview within a few days. One week later she calls to find out if she got the job and is told no. Company gave it to a less experienced white male with no health or physical problems age 30.

Mrs. Jones sues XYZ Company for not hiring her.

List all issues that relate to the facts given for Mrs. Jones AND for XYZ Company as well. Intertwine these issues with the law and determine what the courts may find.

Part B CONT’D

After 6 months of hard negotiations by you as the attorney and XYZ attorneys, a settlement is reached. Mrs. Jones is hired as an Asst. manager of one of the many stores the company owns. She is being paid 50 pct. less than the other store managers which she was aware of in the settlement agreement. After working for the company for 3 years at the same store (age 45) she got a promotion to store manager and 3 annual raises. She is still however 50 pct. lower in pay than the other managers. Mrs. Jones has difficulty sometimes because of her limp and use of a cane. It is very difficult for her to use the bathroom because of her weight and the size of the toilet.

Mrs. Jones had complained to her supervisor that the toilet was too small and needed to be changed. She also complained that 2 other employees were making fun of her and teasing her because of her weight ( now 290 lbs. ) They called her “ FATTY’”. Her supervisor said just ignore it not a big deal and toughen up. He also told Mrs. Jones to loose weight and the toilet would not be a problem. Mrs. Jones went to the HR manager and explained all of the above. She also told the HR manager that her supervisor came drunk sometimes when he checked on her store . Finally after this meeting the HR manager talked to Mrs. Jones supervisor and gave him a warning (as to the drinking only ) even though the supervisor and the HR manger did talk about all the issues that Mrs. Jones mentioned. Mrs. Jones is feeling very emotionally distraught and needs to take a couple of weeks from work. After 2 weeks she comes back to work and 5 days later her supervisor terminates her for poor work performance

Like above , list up all the issues that Mrs. Jones has as well as all the issues XYZ Company has and the other employees involved in the facts have as well. Again intertwine all of the issues with the law and determine what the courts may find

Please use you:

1) class notes

2) Google scholar cases and articles

3) California labor laws

4) employment law discrimination

5) Findlaw

6) Equal Opportunity Employment Commission