Employment Discrimation

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.Riyadh is a good employee they do

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not believe that she is "qualified" to represent them in certain capacities. They argue that

Jean is a plain woman; she refuses to wear make-up nor adornments of any kind. She is

also very religious and takes a daily "prayer and meditation" during her lunch breaks.

Her religious beliefs prohibit certain types of "fraternizing" such as drinking alcoholic

beverages and eating certain types of foods. ABC argues that it is essential that higher

administrative employees project a polished appearance and engage in social and frater-

nal activities in order to obtain and conduct business.

Ms.Riyadh feels that ABC discriminated against her because she is a woman and

because she is of Indian ancestry and an adherent to Islam. She feels none of these factors

interfere with her ability to perform at a higher position. Ms.Riyadh also claims that when

she was hired by ABC she was informed that if she did a good job that she could be

expected to be promoted to account vice president within two years.

Analysis

Sex Discrimination

Sex discrimination is being discriminated against based on sex. Under Title VII

of the Civil Rights Act of 1964 it is unlawful to discriminate against any employee

or applicant for employment because of his/her sex in regard to hiring, termination,

promotion, compensation, job training or any other term, condition, or privilege of

employment. Title VII also prohibits employment decisions bases on stereotypes and

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assumptions about abilities, traits, or the performance of the individuals on the basis

of job sex. Title VII prohibits both intentional discrimination and neutral job policies

that disproportionately exclude individuals on the