Reference no: EM132289186
1. What is the issue of the case? (Write it in the form of a question – it is the question the court must answer)
2. What are the applicable rules in the case (define them). Why are the rules applicable?
a. What kind of discrimination is taking place – disparate treatment or disparate impact? Justify your answer.
b. What protected class or classes are affected? Why?
3. Analyze the case. In other words, apply the facts to the rules and explain why the facts either support or refute the rule. In other words, do the facts seem to suggest that the rules were broken or not. Be specific! Explain and justify your answers! Be thorough!
4. What is your conclusion? (what is the decision that the court will make – it should logically follow your analysis).
Jane Harris came to work at the S&J department store two years ago. In Jane's initial assignment in the finance department, she proved to be a good and hard worker. It soon became obvious to both Jane and her department head, Rich Jackson, that she could handle a much more responsible job than the one she held. Jane discussed this matter with Rich. It was obvious to him that if a better position could not be found for Jane, S&J would lose a good employee. As there were no higher openings in the finance department, Rich recommended her for a job in the accounting department, which she received. Jane joined the accounting department as payroll administrator and quickly mastered her position. She became knowledgeable in all aspects of the job and maintained a good rapport with her two employees. A short time later, Jane was promoted to assistant manager of the accounting department. In this job, Jane continued her outstanding performance.
Two months ago, Bob Thomas was hired in the accounting department. Ralph Simpson, vice president of administration for S&J, explained to Jane and Steve Smith, head of the accounting department, that Bob was a trainee. After Bob had learned all areas of the department, he would be used to take some of the load off both Jane and Steve and also undertake special projects for the department. Several days after Bob's arrival, Jane learned that Bob was the son of a politician who was a close friend of the president of S&J. Bob had worked in his father's successful election campaign until shortly before joining S&J. Last week, Steve asked Jane to help him prepare the accounting department's budget for next year. While working on the budget, Jane got a big surprise: She found that Bob had been hired at a salary of $3,200 per month. At the time of Bob's hiring, Jane, as assistant manager of the accounting department, was making only $3,000 per month. After considering her situation for several days, Jane went to see Ralph Simpson, the division head, about the problem. She told Ralph that she had learned of the difference in salary while assisting Steve with the budget and stated that it was not right to pay a trainee more than a manager.
She reminded Ralph of what he had said several times "that Jane's position should pay $40,000 per year considering her responsibility" but S&J just could not afford to pay her that much. Jane told Ralph that things could not remain as they were at present, and she wanted to give S&J a chance to correct the situation. Ralph told Jane he would get back to her in several days. About a week later, Ralph gave Jane a reply. He stated that while the situation was wrong and unfair, he did not feel that S&J could do anything about it. He told her that sometimes one has to accept things as they are, even if they are wrong. He further stated that he hoped this would not cause S&J to lose a good employee.