Labor and employment Law
Question to be answered relating to employment Law must be in APA format and use of references in paper as well as a reference page; will submit to turn-it in to check for plagerism.
A. Ms. Ali is employed as an account executive with ABC Advertising (“ABC”). ABC is a national marketing and advertising firm specializing in domestic and international advertising. For several reasons, Ms. Ali believes ABC has illegally discriminated against her and she now wants to sue the company. Ms. Ali states that despite receiving “outstanding” performance evaluation ratings each year, and earning several national awards, she has repeatedly been denied a promotion.
She also says that all of the male employees who were hired in the same classification as hers have been promoted from one to four times and earn significantly higher salaries. These employees have not won any national awards, and a few of these individuals are marginal employees. Men greatly outnumber women in all positions at ABC.
ABC responded to a preliminary inquiry by asserting that Ms. Ali was not promoted because she doesn’t “fit the image” that is right for the higher positions. ABC claims the higher positions have high visibility, require extensive travel, and have greatly increased client contact, including presentations before corporate and professional groups. ABC argues that Ms. Ali is a very plain woman, that she refuses to wear make up or adornments of any kind, other than a head scarf, and that she is very religious. They also state that she takes a “prayer and meditation” break during her lunch break, and that her religious beliefs prohibit certain types of behavior such as drinking alcoholic beverages and eating certain foods. In addition, she has refused to go on certain business trips because she believes that she should be home for her husband and children.
ABC officials state that while Ms. Ali is a good employee, they do not believe she is “qualified” to represent ABC in certain capacities. ABC argues that in the advertising field, it is essential that higher level employees project a polished appearance and engage in social activities in order to network with clients. Also, some business travel is a requirement for the position. Ms. Ali is also 45 years old; ABC states that these positions are typically reserved for younger employees who present a youthful image for the company.
Ms. Ali states that ABC is discriminating against her. She argues that these factors are not relevant to her ability to perform in any of the higher positions, and that ABC is simply creating excuses to justify discriminating against her. She further states that when ABC hired her, she was advised that if she did a good job, she could expect to be promoted to the position of account vice-president within two years.
Ms. Ali seeks damages for lost wages and benefits. She also wants a court order directing ABC to promote her to a higher position.
1. Identify all of the claims that Ms. Ali may have under Title VII of the Civil Rights Act of 1964.
2. Discuss any defenses available to ABC