Essay on Sex Discrimination
Sex Discrimination Term Papers
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The critical issue in this case is whether Farm Fresh Food, Inc. acted lawfully by denying employment to Jennifer Brand. Farm Fresh Foods further claim that Ms. Brand failed to establish a prima facie case of discrimination based on sex or religion. Furthermore, they claim that even had such case been established, Farm Fresh decision to deny employment to Ms. Brand was not a pretext for intentional discrimination. When Ms. Brand first applied for a job as a "female apprentice meat cutter", which would be an entry level management position, she was interviewed by then vice president of human resources for Farm Fresh, Richard Marty. After making it a requirement for Farm Fresh to give her Sunday's off due to her religious faith, Ms. Brand received a letter from Mr. Marty stating that Farm Fresh did not have a position for her at the time, but would keep her application in the active file for a year in case something turns up. However, when a position became available which Ms. Brand was very qualified for, she was not called up or scheduled for another interview. The Court believes that a prima facie case for sexual discrimination is established in this case. In order to shift the Burden of Proof in a disparate treatment case, the plaintiff must establish a prima facie case by preponderance of the following evidence: (1) he/she is a member of a protected class; (2) applied for and was qualified for a job opening; (3) rejected for a position; and (4) the position remained open and the employer...
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