1. Did ABC advertising discriminate against Jean on the basis of sex when they failed to promote her?
2. Did ABC discriminate against Jean because of her religious beliefs and practices?
3. Did ABC discriminate against Jean because of her national origin?
1.Ms.Riyadh has not proved enough evidence to conclude that ABC discriminated against her because of her sex.
2.Yes, Ms. Riyadh has some strong evidence that a reasonable jury might conclude that she has been discriminated against because of her religious beliefs.
3.No, Ms. Riyadh hasn't any proof of being discriminated against because of her national origin.
Statement of Facts
Ms.Riyadh has been employed as a account executive by ABC Advertising since
1978. ABC Advertising is a national marketing and advertising firm specializing in
domestic and international advertising. She was hired by ABC after receiving her M.B.A
with honors from the University of Michigan. While being employed by this company
she has won three national awards.
Ms.Riyadh feels that ABC has illegally discriminated against her. She alleges
that it is company practice to promote employees from within. She states that each year
she has received "outstanding performance" evaluation ratings since she has been
employed there ABC has never given her a promotion and has repeatly pasted her over
Ms. Riyadh claims that all the male employees hired between 1978 and 1988 in
same classification as she is have received a promotion from one to four times, and
they also earn higher salaries. None of these employees have won any awards and are
marginal employees. Ms.Riyadh says only three women have been promoted since she
was hired, but men do outnumber women in all positions.
At a preliminary inquiry ABC's response to Ms.Riyadh's allegations were that
she was not promoted because she doesn't "fit the image" that is right for the higher
positions. They claim that the higher positions have high visibility, require extensive
travel and have increased client contact which include presentations before corporate and
professional groups. Although ABC states that Ms.Riyadh is a good employee they do
not believe that she is "qualified" to represent them in certain capacities. They argue that
Jean is a plain woman; she refuses to wear make-up nor adornments of any kind. She is
also very religious and takes a daily "prayer and meditation" during her lunch breaks.
Her religious beliefs prohibit certain types of "fraternizing" such as drinking alcoholic
beverages and eating certain types of foods. ABC argues that it is essential that higher
administrative employees project a polished appearance and engage in social and frater-
nal activities in order to obtain and conduct business.
Ms.Riyadh feels that ABC discriminated against her because she is a woman and
because she is of Indian ancestry and an adherent to Islam. She feels none of these factors
interfere with her ability to perform at a higher position. Ms.Riyadh also claims that when
she was hired by ABC she was informed that if she did a good job that she could be
expected to be promoted to account vice president within two years.
Sex discrimination is being discriminated against based on sex. Under Title VII
of the Civil Rights Act of 1964 it is unlawful to discriminate against any employee
or applicant for employment because of his/her sex in regard to hiring, termination,
promotion, compensation, job training or any other term, condition, or privilege of