Legal writing tasks include analytical activities, such as analyzing legal authority to produce a legal memorandum, as well as more procedural activities, such as ensuring that your citations are properly formatted and that documents conform to the court's formatting requirements. This week, your supervising attorney is still reviewing your draft legal memorandum. She asked you to send her an e-mail that contains a list of all of the authorities in your memorandum. She asks you to group the references according to type of reference source: for example, Constitutions, Statutes, Regulations, Case Law. Be sure to check each citation carefully to ensure that it follows Bluebook guidelines. Be sure that your citations are in proper legal citation format. Be sure to adhere to Northcentral University's Academic Integrity Policy. View the Northcentral Academic Integrity Tutorial to refresh your knowledge of how to achieve academic integrity.

References: This is an exercise in formatting references - be sure to include your legal memo references from your Week 6 draft.

Tutor- Below is my lego Memo draft that this Is referring to. Please read it and list the athorities.

MEMORANDUM

For the attention of Lana Lapis, Supervising Attorney

From: Ivy Emerald, Administrative Assistant at the Law Firm

Concerning the Allegation of Discrimination Made by Peggy Peridot

Date: March 5, 2020

QUESTION PRESENTED

1. Whether Peggy Peridot's former employer, the Mineral County Board of Commissioners, violated the Montana Human Rights Act when it terminated her employment?

2. Is the previous employer of Peggy Peridot, who she claims was subject to discrimination, in violation of Title VII of the Civil Rights Act of 1964?

BRIEF ANSWER

1. Yes, the Mineral County Board of Commissioners violated the Montana Human Rights Act when it terminated Peggy Peridot's employment.

2. In accordance with Title VII of the Civil Rights Act of 1964, Peggy Peridot's previous place of employment may be held accountable for discrimination.

FACTS

2. Peggy Peridot is a former employee of the Mineral County Board of Commissioners.

3. In May of 2017, Peggy was diagnosed with cancer.

4. Peggy took leave from her job to undergo treatment.

5. In October of 2017, Peggy's doctor cleared her to return to work with no restrictions.

6. Peggy returned to work in November of 2017.

7. In December of 2017, Peggy's cancer returned and she took leave from her job again to undergo treatment.

8. In May of 2018, Peggy's doctor cleared her to return to work with no restrictions.

9. Peggy attempted to return to work in June of 2018, but the Board of Commissioners told her that her position had been filled and that there were no other positions available.

10. Peggy was terminated from her job in July of 2018.

Peggy Peridot used to work at Blue Diamond Corp. when she was younger ("Blue Diamond"). She held the position of sales representative at Blue Diamond for a period of two years. She was accountable for promoting and selling Blue Diamond's wares to retail locations within her zone as part of her role.

Peggy received the news that she has cancer in November of 2019. She shared the news of her illness with her manager, Yellow Sapphire, and then made a request for time off in order to get treatment. Peggy's request was granted, and Yellow Sapphire instructed her to take as much time as she needed to complete it.

Peggy's cancer was treated over the course of many months while she was in therapy. She was confirmed cancer-free in March of 2020, and by that time she was prepared to go back to work. She reported her current situation to Yellow Sapphire and asked to be reinstated into her previous role. Yellow Sapphire informed her that the post she had had been filled and that Blue Diamond did not have any other available openings at the time.

Peggy's employment at Blue Diamond was ultimately terminated as a result of this decision. She is under the impression that the reason she was fired was because she was undergoing treatment for cancer at the time.

DISCUSSION/ANALYSIS

1. The Montana Human Rights Act

2. The Mineral County Board of Commissioners violated the Montana Human Rights Act when it terminated Peggy's employment.

3. The Board of Commissioners terminated Peggy's employment because she had cancer.

4. The Board of Commissioners did not have a legitimate reason for terminating Peggy's employment.

5. The Board of Commissioners did not make reasonable accommodations for Peggy's cancer.

6. The Board of Commissioners did not follow the proper procedures for terminating an employee.

It is against the law to discriminate in employment on the basis of a person's race, color, religion, sex, or national origin, as stated in Title VII of the Civil Rights Act of 1964. 42 U.S.C. 2000e-2 (a). Title VII does not expressly ban discrimination on the basis of a disability; nonetheless, the Equal Employment Opportunity Commission ("EEOC") has construed the Act to prohibit discrimination on the basis of disability. See 29 Code of Federal Regulations Section 1.2 1630.2 (j).

A plaintiff must demonstrate that she is a member of a protected class, that she was qualified for her position, that she suffered an adverse employment action, and that the adverse action occurred under circumstances giving rise to an inference of discrimination in order to establish a prima facie case of discrimination under Title VII. Green, 411 U.S. 792, 802 (1973); Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981).

In this instance, it is quite evident that Peggy Peridot belongs to a category that is considered to be protected. According to the Americans with Disabilities Act, she is considered to have a handicap since she has been diagnosed with cancer ("ADA"). See 42 U.S.C. 12102 (1). She is also a part of the protected class of workers who have sought time off work due to a severe health condition, thus she is eligible for this protection. See 29 C.F.R. 825.701.

In addition to that, Peggy Peridot has the necessary skills for her role. She had been working for Blue Diamond for two years and had earned excellent reports for her performance during that time. There is no evidence to suggest that her diagnosis of illness or treatment had any impact on her ability to execute the duties of her work.

Peggy Peridot was also penalized in her place of job in a negative way. Her employment at Blue Diamond came to an end as a result of the termination.

Lastly, an inference of prejudice might be drawn from the events surrounding Peggy's termination due to the circumstances. Shortly after submitting her request for a cancer treatment leave of absence, her employment was terminated. This is a resounding indicator that her employer was not willing to make any adjustments to her schedule in order to accommodate her medical condition.

CONCLUSION

1. The Mineral County Board of Commissioners violated the Montana Human Rights Act when it terminated Peggy Peridot's employment.

2. Peggy Peridot should file a complaint with the Montana Human Rights Bureau.

3. Peggy Peridot should consult with an attorney to discuss her legal options.

The above information makes it very evident that the former employer of Peggy Peridot is responsible for Peggy's claim of discrimination under Title VII of the Civil Rights Act of 1964.

References:

Selmi, M. (2000). Why are employment discrimination cases so hard to win. La. L. Rev., 61, 555.

Epstein, R. A. (1995). Forbidden grounds: The case against employment discrimination laws. Harvard University Press.

Maltby, L. L., & Yamada, D. C. (1996). Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws To Include Independent Contractors. BCL Rev., 38, 239.

Rutherford, J. (1995). Equality as the Primary Constitutional Value: The Case for Applying Employment Discrimination Laws to Religion. Cornell L. Rev., 81, 1049.

Lupu, I. C. (1987). Free exercise exemption and religious institutions: the case of employment discrimination. BUL Rev., 67, 391.