Part 1: In this part you will be acting as Jane May's attorney. draft "the Particulars are" section of the Charge of Discrimination using the information presented in the facts from Jane May below.

Facts From Jane May Jane May is a 42-year-old Asian American manager at the Woodstock location of Daisy Depot's. She had worked at the company for 10 years this past October and claims that the company discriminated against her when it recently fired her. She provided the following information to support her claim: On May 10, her supervisor, Paul Murray, a 60-year-old white male, called and told her that she had to fire an employee, Richard Medina, who refused to work on Sunday in the Woodstock warehouse. Ms. May alleges that she explained to Mr. Murray that Medina was religious and could not work on Sundays. She says that she also explained that it would violate federal and state EEO laws if the company did not respect Mr. Medina's religious beliefs. Mr. Murray cursed at her and told her to "man up" or he would reprimand and suspend her for "acting like a mother hen" and for "complaining to him about this stuff." She said that he told her that Medina worked at a restaurant on Sundays. Because she needed to protect her job, Ms. May did as she was told. On February 1, the same thing largely happened again. Mr. Murray called and told Ms. May to fire another employee who refused to work on Sundays because of the employee's religious beliefs. Ms. May said she told Murray again that it would be "religious discrimination" if she did. She claims that he told her she was getting soft in her old age. Because of her "efforts to protect her employees and the company," Ms. May was reprimanded and suspended without pay for two days and told to "man up or get out." On May 1, Ms. May was on a teleconference of store managers. When Mr. Murray requested the report on the Woodstock store, he said, "Now let's hear from the Lady's Store." Ms. May was insulted by this comment and claims he was always saying things like that. On September 1, Mr. Murray came to the Woodstock office and fired Ms. May. Ms. May claims Mr. Murray told her that the reason for her discharge was because of the low sales numbers for her store. Ms. May was replaced as store manager by a senior sales associate, Steve Spinney (a 50-year-old white male). Ms. May stated that her sales numbers were no worse and possibly even better than other store managers. She also said that the other stores in the region were headed by white men.

Part 2: then prepare the employer's position statement based on thefacts from the employer presented below.

The store has 130 employees. Ms. May had worked for Daisy Depot for 10 years this past October. Paul Murray is a 60-year-old white male. Murray had been auditing store sales performance numbers in his region and said he noticed that the Woodstock store posted unusually low sales volume on Sundays. After reviewing timesheet entries, he noticed that the store was consistently understaffed on Sundays. When he asked for an explanation, Ms. May said that her store had several employees who had strong (but different) religious beliefs that constrained their working hours on Friday, Saturday, and Sunday, but particularly on Sunday. On May 10, Mr. Murray called Ms. May and told her that she had to fire an employee, Richard Medina, who refused to work on Sunday in the Woodstock warehouse. Ms May apparently refused to do so because she felt that it was "against the EEO law." When Mr. Murray asked Ms. May how requiring Mr. Medina to work on Sundays would violate EEO laws, she "belligerently" told him that Mr. Medina told her that he practiced a religion that prevented him from working on Sundays. Because Mr. Murray had seen Mr. Medina working at a restaurant one Sunday, he accused Ms. May of speaking "hogwash" and ordered her to take charge, or he would suspend her for poor leadership and failing to follow his directive. On February 1, Mr. Murray directed Ms. May to fire another employee who refused to work on Sundays. Ms. May again refused and told him that she "wouldn't break the law this time" because she was sure that the employee's religious beliefs also prevented him from working on Sunday. Mr. Murray asked her whether she was seeing a pattern that it was interesting that in Woodstock, and in Woodstock alone, Daisy Depot was having trouble staffing the store on weekends, particularly Sundays. Because he wanted her to reflect on her trouble managing employees, Mr. Murray reprimanded and suspended Ms. May without pay for two days. During the same month, Mr. Murray also inquired about Ms. May's increasing issue with arriving late to work. She had no reason for being late other than heavy traffic. For the past 10 months, Ms. May has been late at least once per week. As a manager, she is supposed to arrive before her employees and has failed to do so several times. Mr. Murray has had to issue her five warnings that have been placed into her HR file. On September 1, Mr. Murray fired Ms. May. Mr. Murray informed Daisy Depot's VP of HR that the reason he fired Ms. May was because of the low sales numbers for her store, her tardiness record, and her recent history of insubordination. He thought she was getting "soft" and acting more like the employees' "mother hen" than their manager. Ms. May was replaced by a senior sales associate, Steve Spinney (a 50-year-old white male).