Project #2587 - Employment Discrimination Memorandum

Employment Discrimination Memorandum

 

Format: This memo will be typed and doubled spaced (yes that is different from usual memo formatting) in Times New Roman 12 Point Font. The correct length is whatever it takes to adequately explain your recommendation to the client. I doubt a quality paper will be any less than 3 pages, but should not exceed 6. Given your newly found status as attorney, your paper should be grammatically correct and include generic cites to used material. Here is an example from Professor Brad Reid at ACU:

Quote you textbook: Miller-Jentz Page _____ “”.

Quote cases from Lexis-Nexis: Jones v. Smith (Alaska Supreme Court, 2005) and quote language from the case “ ”. Include the case name, court, state, and year.

Quote legislation: Arizona Entertainment Code, Section _____ “”. In like manner, quote regulations.

Quote the Web: www.makeanA.com “”.

Quote articles: Litigation Reporter, January 20, 2005 “”.

Quote interviews: Interview with Jane Smith, May 15, 2005 ““.

 

Fact Pattern:

You just passed the bar and are working at a small firm in Dallas when a new client, an American-born, Hispanic male of Mexican descent, strolls into your office with the following situation:

 

My name is Juan Garcia and I work for a paper company, Dunder Mifflin, as a warehouse worker.It is my job, along with my other 20 co-workers, to move huge pallets of paper onto various delivery trucks and make sure that the trucks leave on time to deliver paper to my company’s clients.I have worked there for about 10 years now, and I have received generally good performance reviews which range anywhere from “adequate” to “excellent” depending on the year.

 

Last month, my boss, Michael Scott, began advertising that Dunder Mifflin was looking to hire a new warehouse manager for a nearby branch office that they were planning on opening.The requirements for the job were that you had to have at least 4 years of warehouse experience, have good people skills, and have “leadership” qualities.The job pays a lot more than my current job, so I immediately applied for the position.I submitted my application and interviewed for the job.A week ago, I got a letter from my boss saying that I did not get the job because “You keep speaking Mexican at work and it makes the other employees who don’t speak Mexican uncomfortable.I’m sorry, but you are not right for this management position.”I know that I am qualified for this job, and I think that this letter proves that the only reason I didn’t get the job was because of my race since I am a Hispanic male.I also learned at work that the person that they hired was a white male who only has 9 years of warehouse experience.

 

I do speak Spanish a lot at work.I am fluent both in Spanish and English, but I prefer to speak in Spanish.Half of my co-workers also speak Spanish and we all talk in Spanish when we are making small talk or joking around while we load the trucks.My boss has told me during past performance reviews that my speaking Spanish makes some of my co-workers who don’t speak Spanish uncomfortable because they don’t know what we are saying.I don’t really care though, because I am not friends with any of the non-Spanish speakers.I speak English during all of our official office meetings so I don’t see why it matters at all.

 

Anyways, I think my boss may be a racist and I think that I should have been hired for the management position.I still have my warehouse job, but I really wanted that management position.Do you think I have a good case for racial discrimination?Why or why not?How would my employer try to defend against this suit if we did decide to sue Dunder Mifflin?Additionally, can my boss fire me if I do sue Dunder Mifflin?I don’t know what to do, and I am pretty angry at the whole situation.

 

Your task is to draft a memo to the client expressing your opinion as to whether or not you think that Juan Garcia has a good case for racial discrimination. You should answer all of his questions including:does he meet the qualifications for a racial discrimination case, is it a good case, why is it a good or bad case, how would the employer try to defend against the suit, and can his boss fire him for filing suit? Please submit your assignment through this link and upload your paper.Due: Thursday February 28, 2013 at 6:00 PM

 

Scoring is as follows:

Grammar – 30% - This includes using memo format and citing where appropriate as well as correctly using basic grammar conventions with regards to spelling and punctuation.

Recommendation and Analysis/Comparison – 70% - Remember to answer all of the questions.

Subject Law
Due By (Pacific Time) 02/27/2013 12:00 pm
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