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).
The federal statute that is applicable to Anne’s case is Title VII of the Civil Rights Act of 1964. It states that it is an unlawful employment practice for an employer to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual or employment opportunities or otherwise adversely affects his status as an employee, because of such individual’s race, color, religion, sex, or national origin (Bennett-Alexander & Hartman 2019).
The accounting firm became liable for discrimination once they denied her of partner and said “she has a better chance at making partner if she wore more makeup, jewelry, and acted more femininely”. The firm violated the federal statue on the basis of sex. Gender stereotyping is defined as an overgeneralization of characteristics, differences and attributes of a certain group based on their gender. Chapter VII and state fair-employment practice laws regarding gender cover prohibit the use of gender as the basis to any decision.
Anne’s case can be compared to Price Waterhouse v. Hopkins. Same scenario; female denied promotion and she sued under Title VII for sex discrimination. The district court found that Price Waterhouse did discriminate against Hopkins.
In order to prevent future exposure to liabilities the organization must take the necessary steps to create and push for change. I would implement training on Title VII of the Civil Rights Act of 1964, to provide a solid foundation for the organization to build upon.
Bennett-Alexander, D., & Hartman, L. P. (2019). Employment law for business. New York, NY: McGraw-Hill Education.
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