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Paper Topic:

Gender Discrimination

MEMORANDUM

TO : Senior Partner

FROM : Paralegal

DATE : 26 December 2006

RE : Collins v . ABC Advertising

SUBJECT : The viability of Ms . Collins ' claim for gender discrimination in employment against ABC Advertising

ISSUES PRESENTED

Is ABC Advertising liable for gender discrimination in employment in not promoting Ms . Collins

Is Ms . Collins entitled to damages in the form of lost wages and benefits

Is Ms . Collins entitled to a judgment in her favor ing ABC Advertising to promote her to a higher position

ANSWERS TO THE ISSUES

Yes

, ABC Advertising can be made liable for gender discrimination in employment in not promoting Ms . Collins under Title VII of the Civil Rights Act of 1964 as amended

Yes , Ms . Collins is entitled to damages in the form of lost wages and benefits , as allowed in claims under Title VII of the Civil Rights act of 1964 as amended

No , Ms . Collins is not entitled to a judgment in her favor ing ABC Advertising to promote her to a higher position this is essentially asking the court for a writ of mandamus , which shall not lie unless the act to be performed is a ministerial one

THE STATEMENT OF THE FACTS

Ms . Ellen Collins is an unmarried individual living with a female domestic partner and an adopted disabled child . She is currently employed by ABC Advertising , a national marketing and advertising firm specializing in domestic and international advertising , as an account executive . She began working for the firm as a summer intern and was hired full-time upon completion of her MBA in 1989 . In the course of her employment with the firm , she has won three national awards for her work , and consistently receives an outstanding ' performance evaluation rating each year . In spite of this , however , MS . Collins has never been promoted since she was hired , notwithstanding the fact that upon hiring , she was advised that good job performance could mean the position of account vice president in two years

In the meantime , the male employees hired for the same position as Ms Collins from 1989 to 1999 have been promoted one to four times in the said period , and receive significantly higher salaries . have had the same achievements as she

The company 's response to a preliminary inquiry was that Ms . Collins does not fit the image ' that is right for higher positions that entail high visibility , extensive travel , and greatly increased client contact . Because Ms . Collins refuses to change her plain ' appearance and because of her parental responsibilities , the company feels that although she is a good employee , she is not qualified to represent it in certain capacities . The company argues that in the advertising field it is essential that higher administrative employees project a polished appearance and engage in social and fraternal activities in to obtain and conduct business

Ms . Collins now requests our opinion on whether or not she has been discriminated against because of her gender , and whether or not she is entitled to damages in the form...

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