Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months?
Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four
…show more content…
Montgomery has employed Mrs. Pitman for seven years. Mrs. Pitman started out as a buyer trainee for the company, eventually moving her way up to associate buyer and finally to her current position of control buyer. Since joining J. Montgomery, Mrs. Pitman has carried out many functions. Not only has she helped to train new buyers, but she has also been called upon to represent J. Montgomery at various national marketing conferences. In 1998, Mrs. Pitman received a special achievement award for her contribution to the positive profile of the company nationally. With these qualifications behind her Mrs. Pitman decided to apply for the position of senior control buyer within the Marketing Division.
Consequently, Mrs. Pitman notified Mr. Brooks, the person in charge of hiring, she would apply and was permitted to fill out an application. Mr. Brooks was not encouraging, even after Mr. Lythcott, her boss, informed him of the good job Mrs. Pitman was doing. Mrs. Pitman was rejected for the position in less than a week after applying. Prior to applying Mrs. Pitman discussed her desire to be promoted with Mr. Lythcott, he responded by telling her she more than qualified for the position, except one thing. He did not say what that "one thing" was, but Mrs. Pitman took it to mean the color of her skin.
The person in charge of hiring for the position was Dave