Question
Sarah Crane was employed by Lawless, Inc. (Lawless) for approximately five years as a computer programmer. Sarah always had excellent annual evaluations and received raises
Sarah Crane was employed by Lawless, Inc. ("Lawless") for approximately five years as a computer programmer. Sarah always had excellent annual evaluations and received raises each year. Sarah is a transgender woman and began hormone therapy while working for Lawless. Sarah grew her hair longer and began wearing dresses and skirts to work. Sarah met with Human Resources and informed them that she was transgender and that she wanted to change her name on record in her personnel file from Charles to Sarah.
Sarah's supervisor, thinking it was funny, occasionally called her "Lola" (obscure reference to a song by The Kinks). Her supervisor also regularly called her "Charles" or "Charlie" despite repeated use of the wrong name, and also reported the instances where he had called her Lola. HR said that they would investigate, but Sarah never received an update about it.
However, shortly after her meeting with HR, Sarah began to notice that she was not getting the same job assignments that she used to get. Significant amounts of work were being given to other programmers, even employees with less seniority. Her supervisor continued to call her by the wrong name.
One day Sarah's supervisor called her into his office and placed her on a Performance Improvement Plan ("PIP"). Sarah had never received any warnings, write-ups, or comments about her performance prior to reporting her supervisor to HR. Approximately one month into the PIP, Sarah's supervisor brought her in for another meeting and told her she was being terminated. Her supervisor stated that it was just not a good fit.
Instructions:
1. Throughly review the Factual Background above, as well as the state discrimination laws you will be citing (either Connecticut or your own state if they offer protection for gender identity).
2. Compose a pre-litigation letter to Lawless, Inc. on behalf of Ms. Crane explaining how you (as Ms Crane's attorney) believe that Lawles has discriminated against her based on her gender identity.
3. Explain your position to Lawless using a combination of the facts of the case and the laws that you believe were violated.
4. Let Lawless know that your client would prefer to resolve this matter without the need for litigation.
5. Ask Lawless to have their legal representative contact you within 10 business days to discuss the matter further.
Are you going to seeing if the employer wants to settle out of court.
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