Reference no: EM131726191

B. Lilly Pham’s father is Vietnamese and her mother is Swedish. Her hair is black but her complexion is very fair. She has worked for ten years as a registered nurse at Astria Hospital Center [which employs one thousand four hundred full-time employees] in Vicksburg, Mississippi. Although no one has ever demonstrated overt hostility toward her, she has noticed that over the years it is usually Asian employees who are made the brunt of practical jokes or are ridiculed. At one time or another, she has observed just about every Caucasian on the ward, including the head nurse, engage in such behavior. Each time this happens, Lilly experiences a strong sense of hurt but says nothing. Over the past year it seems that every week she notices that a newly hired nurse with a dark complexion, Binh, is being called a “gook,” “slanty eyes” and “King Kong” and that Chinese menus with pornographic images drawn on them have been left on his desk. Even though no words or conduct are directed at her, Lilly is becoming more and more anxious when she has to report for work. Last month, Lilly reports what she has seen to her supervisor but since then neither the supervisor nor the HR department has spoken with her about her allegations nor, to the best of her knowledge, has the hospital interviewed anyone concerning her allegations. Meanwhile, the treatment Binh and the other Asian workers are receiving continues. When Lilly reviewed her schedule for the next quarter she noticed that she has been reassigned from her normal day shift to the midnight shift and that she has been moved from working in the pediatric ward to the geriatric ward. When she asked why her hours and ward had changed her supervisor shrugged and simply said that she was needed at that time and in that department due to nurse attrition. Also, Lilly’s most recent monthly evaluation showed a drop from her usual “excellent” rating to “fair” and noted the following comments: “Uncooperative,” “sullen at work” and “does not seem to be a team player.” Can Lilly allege a violation or violations of Title VII and, if so, what types of illegal actions can she allege (i.e., specify the protected category or action)? Does Lilly have the evidence to meet every element of her prima facie case for the violation(s) she alleges (i.e., make sure you identify and analyze every element of the prima facie)? What defense or defenses, if any, would Astria assert to each alleged violation? If the case went to a jury how what do you expect its verdict would be? Be sure to explain your answer.