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Title Vii

In: Business and Management

Submitted By Angeldove42
Words 5593
Pages 23
Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months?

Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four elements of the test set out in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981). This test known as the McDonnell Douglass test is met when Mrs. Pitman shows that: (1) she belongs to a protected class; (2) she applied and was qualified for the job; (3) despite her being qualified she was rejected; (4) after the rejection the position remained open and employer continued to seek applicannot
s. Mrs. Pitman is also able to provide statistical evidence of discrimination and evidence of discriminatory attitudes.

Facts: Our client, Jenna Pitman, is seeking to file suit against J. Montgomery for a claim of racial discrimination under Title VII. The allegation stems from a denial of Mrs. Pitman's application for a promotion by J. Montgomery. The Application was submitted in response to a job announcement the company released on February 19, 2000 which read: "J. Montgomery seeks an energetic self-starter to fill the role of Senior Control Buyer in the Marketing Division located within our West Mifflin headquarters. The person hired should possess the requisite education and experience necessary to develop, articulate and...

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