The manager was confronted with a large room packed with applicants for only a handful of openings.

The manager was confronted with a large room packed with applicants for only a handful of openings.

The manager was confronted with a large room packed with applicants for only a handful of openings.  To screen out some of the people, he announced that all the women with pre-school age children should go home.  One of those sent home filed a charge of sex discrimination.  The company responded by saying that it did not discriminate against women.  In fact, many women worked at the facility in question.  It was only women with young children that the company preferred not to hire, because child care responsibilities often interfered with work responsibilities.  Therefore, the company said it did not violate Title VII by discriminating because of child care obligations and not because of sex, per se.

IS THIS SEX DISCRIMINATION?

ANSWER:  (Phillips v. Martin Marietta, 1970, et al.)

CASE 5:        The bank teller said that she had complied with her supervisor’s sexual demands because she was afraid of losing her job.  She had had intercourse with him forty or fifty times over the years.  On various occasions he had fondled her in front of other employees, followed her into the women’s restroom, exposed himself, and forcibly raped her.  The bank’s management responded that it had know way of knowing that any harassment was going on.  The teller had been progressing through the ranks based on merit, and she had never disclosed that she was being harassed, even to her co-workers or friends.

IS THIS SEXUAL HARASSMENT?

ANSWER:  (Meritor Savings Bank v. Vinson, 1986)

NATIONAL ORIGIN DESCRIMINATION

 CASE 6:         Manual Fragante applied for job as a clerk with the City and County of Honolulu.  He scored the highest of 721 applicants on a civil service eligiblity test but was not hired because the employer believed that he was deficient in his oral communication skills since he had a “heavy Filipino accent”.

SHOULD HE BE HIRED?

ANSWER: (Fragante v. City and County of Honolulu, 1989)

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