The following case was taken from the case files of my private practicefromabout 2001. The names of the parties have been changed to protect their identities.

Gary, Jay and Tamara worked in an upscale restaurant in Texas called SoSousMe. The restaurant was in the process of hiring a new Executive Chef. Gary promised a Jay, a male employee that he would be promoted to Pastry Chef if Gary was hired as the Executive Chef for the restaurant. Gary was hired and a few days later Gary leaves the following message on Jay's answering machine:

"Hey Jay, this is Gary. Well, I bet you know by now that I was hired as Executive Chef for the restaurant. I'm really excited about it, and I know what I told you about the Pastry Chef job. I hate to tell you this, but man, the deal is . . . even though you are the most qualified for the position, you have a stellar work record, and you are above-all the best candidate for the position . . . I really see the Pastry Chef as a woman's job . . . so I'm going to offer the job to Tamara. I'm sorry Dude . . . I'm sure we'll talk about it at work later tonight."

After talking to Gary about this, Jay was needless to say upset about the decision, so he called and scheduled a meeting with the owner. Jay disclosed the actions of Gary to the owner. When the owner asked what Jay wanted to come of this meeting, Jay said he didn't want the Pastry Chef position that way, but he did want Gary removed as Executive Chef before he caused the business to fail. The owner suggested he'd think about it and get back to Jay. The owner never contacted Jay about the decision. Within days of his meeting with the owner, Jay noticed his work environment changing. All the sudden, Jay noticed his hours being cut from 60 hours per week to working roughly 15 hours each week. Jay was being given all the "undesirable" shifts with work that was designed more for a bus boy than a Chef. After three weeks, Jay proceeded to contact the local Civil Rights Organization (as required by Texas law) and file his claim against Gary and the restaurant.

Answer the following question with detailed responses citing sources.

How would you prove each? Be as detailed as possible.