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Employment Law case study

WRITE A BRIEF  ABOUT A CASEI HAVE CREATED. THIS IS A HYPOTHETICAL CASE DEALING WITH AN EMPLOYMENT PROBLEM. YOU ARE AN ATTORNEY HIRED TO REPRESENT THE PARTIES.YOU WILL BE EXPLAINED HOW TO USE  IRAC, THAT IS THE FORMAT ATTORNEYS USE TO WRITE LEGAL BRIEFS. 

Mrs. Jones is your client she comes to you with the following set of facts. Mrs. Jones is a 42 year old African American female with a high school degree, who has worked in many retail stores for over 20 years. Her positions have varied from stocking, clerking, purchasing, as well as Asst. store manager and store manager with 5 different companies. Mrs. Jones walks with a limp and uses a cane and weighs 275 lbs.      Mrs. Jones has seen an advertisement for a clerk job at XYZ drug stores. She sends in her resume and has an interview within a few days. One week later she calls to find out if she got the job and is told no.  Company gave it to a less experienced white male with no health or physical problems age 30.
Mrs. Jones sues XYZ Company for not hiring her.
List all issues that relate to the facts given for Mrs. Jones AND for XYZ Company as well. Intertwine these issues with the law and determine what the courts may find.
After 6 months of hard negotiations by you as the attorney and XYZ attorneys, a settlement is reached.  Mrs. Jones is hired as an Asst. manager of one of the many stores the company owns. She is being paid 50 pct. less than the other store managers which she was aware of in the settlement agreement. After working for the company for 3 years at the same store (age 45) she got a promotion to store manager and 3 annual raises. She is still however 50 pct. lower in pay than the other managers.  Mrs. Jones has difficulty sometimes because of her limp and use of a cane. It is very difficult for her to use the bathroom  because of her weight and the size of the toilet. 
Mrs. Jones had complained to her supervisor that the toilet was too small and needed to be changed. She also complained that 2 other employees were making fun of her and teasing her because of her weight ( now 290 lbs. ) They called her FATTY.  Her supervisor said just ignore it not a big deal and toughen up. He also told Mrs. Jones to loose weight and the toilet would not be a problem.  Mrs. Jones went to the HR manager and explained all of the above.  She also told the HR manager that her supervisor came drunk sometimes when he  checked on her store . Finally after this meeting the HR manager talked to Mrs. Jones supervisor and gave him a warning (as to the drinking only ) even though the supervisor and the HR manger  did talk about all the issues that Mrs. Jones mentioned. Mrs. Jones is feeling very emotionally distraught and needs to take a couple of weeks from work. After 2 weeks she comes back to work and 5 days later her supervisor terminates her for poor work performance
Like above , list up all the issues that Mrs. Jones has as well as all the issues XYZ Company has and the other employees involved in the facts have as well.  Again intertwine all of the issues with the law and determine what the courts may find 

Please use you:  1) class notes 2) Google scholar cases and articles    3) California labor laws 4) employment law discrimination 5) Findlaw    6) Equal Opportunity Employment Commission                                       
GOOD LUCK COUNSELORS !!!!

Here are helpful topics you can use. Try to incorporate as many as apply to the case given.

1 employment at will / exceptions  contract and tort theory and public policy

2 wrongful discharge / violation of the law or employment contract

3 employee privacy rights /testing and screening and monitoring

4 employment discrimination protected class    race color religion origin gender age (40 )  disability

5 disparate treatment discrimination  form of discrimination results vs the protected class intentionally

6  Prima face case  plaintiff has produced sufficient evidence of his or her claim that case will be decided for plaintiff  unless no evidence to rebut by defendant

7 disparate impact discrimination not discrimination on the face has a discriminatory effect    protected group of people affected

9 Constructive Discharge    so intolerable working conditions caused by employer that a reasonable person in same situation would be compelled to quit

10 sexual harassment demanding of sexual favors in return for job benefits or language and conduct that is so sexually offensive that it creates a hostile work environment

11 reasonable accommodation and undue hardship      disabled people as employees

12 defenses to employment discrimination    Business Necessity- related to job performance                Bona Fide Occupational Qualification / legitimate seniority system / after acquired evidence of employee misconduct

13  Civil Rights Act / Equal Employment Opportunity Commission / Old English Common Law

 

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