Employment Discrimination

Issue

1. Did ABC advertising discriminate against Jean on the basis of sex when they failed to promote her?

2. Did ABC discriminate against Jean because of her religious beliefs and practices?

3. Did ABC discriminate against Jean because of her national origin?

Brief Answers

1. Ms.Riyadh has not proved enough evidence to conclude that ABC discriminated against her because of her sex.

2. Yes, Ms. Riyadh has some strong evidence that a reasonable jury might conclude that she has been discriminated against because of her religious beliefs.

3. No, Ms. Riyadh hasn’t any proof of being discriminated against because of her national origin.

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Statement of Facts

Ms.Riyadh has been employed as a account executive by ABC Advertising since

1978. ABC Advertising is a national marketing and advertising firm specializing in

domestic and international advertising. She was hired by ABC after receiving her M.B.A

with honors from the University of Michigan. While being employed by this company

she has won three national awards.

Ms.Riyadh feels that ABC has illegally discriminated against her. She alleges

that it is company practice to promote employees from within. She states that each year

she has received “outstanding performance” evaluation ratings since she has been

employed there ABC has never given her a promotion and has repeatly pasted her over

for any.

Ms. Riyadh claims that all the male employees hired between 1978 and 1988 in

same classification as she is have received a promotion from one to four times, and

they also earn higher salaries. None of these employees have won any awards and are

marginal employees. Ms.Riyadh says only three women have been promoted since she

was hired, but men do outnumber women in all positions.

At a preliminary inquiry ABC’s response to Ms.Riyadh’s allegations were that

she was not promoted because she doesn’t “fit the image” that is right for the higher

positions. They claim that the higher positions have high visibility, require extensive

travel and have increased client contact which include presentations before corporate and

professional groups. Although ABC states that Ms.Riya...

... middle of paper ...

...9 F. Supp. 2d 844, 855; 2000) Plaintiff did

not show that his employers refusal to give him a light- duty assignment was because

he was a Jew.

Conclusion

Ms.Riyadh has proved that she is a good employee ABC doesn’t dispute this fact.

She has shown that she is qualified for the administrative position. Ms.Riyadh has

not proved enough evidence that she was discriminated against because of her sex or

gender. Nor has she prove enough evidence that her national origin played a role in

not being promoted . I feel that she has provided enough evidence of being

discriminated against due to her religious beliefs and practices. A reasonable jury

would likely conclude that ABC legitimate non discriminatory reason for not

promoting Ms.Riyadh is merely pretext and that her failure to believe in drinking

alcohol and eating certain foods would not interfere with a higher position with

ABC.

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Reference:

• www.lexis.com

• www.eeoc.gov.com

• www.findlaw.com

• Legal Research and Writing for Paralegals by Deborah E. Bouchoux