reply to the students’ response and not the question in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name
Read the following hypothetical. Using your issue-spotting skills, analyze the potential exposure to liability of the Accounting Firm based on the actions of the Partnership Review Committee.
Anne is an accountant at a large Accounting Firm. She applied for Partner, but was denied. In their report, the all-male Partnership Review Committee stated that Anne would have a better chance at making Partner if she wore makeup, jewelry, and acted more femininely. Over the past 10 years with the Firm, Anne has received excellent performance evaluations and recently secured a $10M client for the Firm.
Instructions: Please write in essay format. Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).
Based on the information that was provided the Accounting Firms potential exposure to a liability claim with Anne is for Disparate Treatment (Prmia Facie Case) and Disparate Impact. Discrimination of the facially neutral policy under the Title VII guidelines protects Anne because she falls within a protected class. Under the Title VII Provisions “An employer cannot discriminate based on Gender.” This would apply to promote equal opportunity in the fundamentals of employment relationship: Hiring/firing/promotions. The fact that Anne is a female applying for a position with an all-male Partnership review committee, who decided to not hire her based on her gender. Facially neutral policy states that a specific workplace policy that applies to all employees. In reference to case: 42 U.S.C Section 1981. – Equal Rights under the Law “Patterson v. McLean Credit Union”.
The fact that Anne was qualified for the position based on her tenure with the company for 10 years and in her performance reviews received excellent ratings and the fact that she was an asset by securing a $10M client makes her eligible to apply for the position as partner.
Compensatory damages should be awarded to Anne for her hardship. – Money awarded to compensate the injured party of direct losses
(Bennett-Alexander & Hartman, 2015)