Question

Please read this case and answer the questions separately:

1. What is the issue of the case? (Write it in the form of a question – it is the question the court must answer)

2. What are the applicable rules in the case (define them). Why are the rules applicable?

a. What kind of discrimination is taking place – disparate treatment or disparate impact? Justify your answer.
b. What protected class or classes are affected? Why?

3. Analyze the case. In other words, apply the facts to the rules and explain why the facts either support or refute the rule. In other words, do the facts seem to suggest that the rules were broken or not. Be specific! Explain and justify your answers! Be thorough!

4. What is your conclusion? (what is the decision that the court will make – it should logically follow your analysis).

Jane Harris came to work at the S&J department store two years ago. In Jane's initial assignment in the finance department, she proved to be a good and hard worker. It soon became obvious to both Jane and her department head, Rich Jackson, that she could handle a much more responsible job than the one she held. Jane discussed this matter with Rich. It was obvious to him that if a better position could not be found for Jane, S&J would lose a good employee. As there were no higher openings in the finance department, Rich recommended her for a job in the accounting department, which she received. Jane joined the accounting department as payroll administrator and quickly mastered her position. She became knowledgeable in all aspects of the job and maintained a good rapport with her two employees. A short time later, Jane was promoted to assistant manager of the accounting department. In this job, Jane continued her outstanding performance.

Two months ago, Bob Thomas was hired in the accounting department. Ralph Simpson, vice president of administration for S&J, explained to Jane and Steve Smith, head of the accounting department, that Bob was a trainee. After Bob had learned all areas of the department, he would be used to take some of the load off both Jane and Steve and also undertake special projects for the department. Several days after Bob's arrival, Jane learned that Bob was the son of a politician who was a close friend of the president of S&J. Bob had worked in his father's successful election campaign until shortly before joining S&J. Last week, Steve asked Jane to help him prepare the accounting department's budget for next year. While working on the budget, Jane got a big surprise: She found that Bob had been hired at a salary of $3,200 per month. At the time of Bob's hiring, Jane, as assistant manager of the accounting department, was making only $3,000 per month. After considering her situation for several days, Jane went to see Ralph Simpson, the division head, about the problem. She told Ralph that she had learned of the difference in salary while assisting Steve with the budget and stated that it was not right to pay a trainee more than a manager.

She reminded Ralph of what he had said several times "that Jane's position should pay $40,000 per year considering her responsibility" but S&J just could not afford to pay her that much. Jane told Ralph that things could not remain as they were at present, and she wanted to give S&J a chance to correct the situation. Ralph told Jane he would get back to her in several days. About a week later, Ralph gave Jane a reply. He stated that while the situation was wrong and unfair, he did not feel that S&J could do anything about it. He told her that sometimes one has to accept things as they are, even if they are wrong. He further stated that he hoped this would not cause S&J to lose a good employee.

Answer 1

1. Is there a violation of Title VII done by SJ Department Store by treating Jane Harris differently from other employees?

Or

Is Jane Harris discriminated during her employment with S&J Department store?

2. The rule applicable in this case is Title VII of Civil Rights Act which prohibits employment discrimination based on race, color, religion, sex and national origin. The rule is applicable here because Jane is a member of protected class under Title VII based on gender.

a. Two kinds of discrimination may happen which include disparate impact and disparate treatment. Disparate treatment occurs when the employer intentionally discriminates the employee from the protected class from other employees and disparate impact occurs unintentionally due to certain employment practices. Here Jane is a member of the protected class of female gender and she is given a low salary compared to the male employees even after giving an outstanding performance. Here just being a trainee, Bob is given a higher salary than manager Jane even though the employer knew that Jane should be given a higher salary for her role and performance. Hence the discrimination here is intentional and it is a case of disparate treatment.

b. The protected class affected here is the female gender because Jane is a member of the female gender and gender discrimination is strictly prohibited under Title VII. Jane is discriminated from the male employee while considering the salary, performance and job responsibilities.

3. The facts in the case suggest the violation of Title VII because Vice President of S&J, Ralph Simpson has already told that Jane should be rewarded more but the organization found it difficult to afford paying that much to Jane who is a female employee. But at the same time they could raise the finance to give higher salary to a male employee Bob Thomas, who is only a trainee. Bob is given the position and good salary based on his father’s relationship with the S&J President and hence the case involves favoritism as well which also lead to intentional discrimination.

4. The court would agree that Jane has undergone intentional discrimination and would rule to provide damages to Jane Harris for intentional discrimination.