Please read this case and answer the questions
separately:
1. What is the issue of the case? (Write it in the form
of a question Ð it is the question the court must
answer)
2. What are the applicable rules in the case (define
them). Why are the rules
applicable?
a. What kind of discrimination is taking place Ð disparate
treatment or disparate impact? Justify your answer.
b. What protected class or classes are affected? Why?
3. Analyze the case. In other words, apply the facts to
the rules and explain why the facts either support or refute the
rule. In other words, do the facts seem to suggest that the rules
were broken or not. Be specific! Explain and justify your answers!
Be thorough!
4. What is your conclusion? (what is the decision that
the court will make Ð it should logically follow your
analysis).
Jane Harris came to work at the S&J department store two
years ago. In Jane’s initial assignment in the finance department,
she proved to be a good and hard worker. It soon became obvious to
both Jane and her department head, Rich Jackson, that she could
handle a much more responsible job than the one she held. Jane
discussed this matter with Rich. It was obvious to him that if a
better position could not be found for Jane, S&J would lose a
good employee. As there were no higher openings in the finance
department, Rich recommended her for a job in the accounting
department, which she received. Jane joined the accounting
department as payroll administrator and quickly mastered her
position. She became knowledgeable in all aspects of the job and
maintained a good rapport with her two employees. A short time
later, Jane was promoted to assistant manager of the accounting
department. In this job, Jane continued her outstanding
performance.
Two months ago, Bob Thomas was hired in the accounting
department. Ralph Simpson, vice president of administration for
S&J, explained to Jane and Steve Smith, head of the accounting
department, that Bob was a trainee. After Bob had learned all areas
of the department, he would be used to take some of the load off
both Jane and Steve and also undertake special projects for the
department. Several days after Bob’s arrival, Jane learned that Bob
was the son of a politician who was a close friend of the president
of S&J. Bob had worked in his father’s successful election
campaign until shortly before joining S&J. Last week, Steve
asked Jane to help him prepare the accounting department’s budget
for next year. While working on the budget, Jane got a big
surprise: She found that Bob had been hired at a salary of $3,200
per month. At the time of Bob’s hiring, Jane, as assistant manager
of the accounting department, was making only $3,000 per month.
After considering her situation for several days, Jane went to see
Ralph Simpson, the division head, about the problem. She told Ralph
that she had learned of the difference in salary while assisting
Steve with the budget and stated that it was not right to pay a
trainee more than a manager.
She reminded Ralph of what he had said several times “that
Jane’s position should pay $40,000 per year considering her
responsibility” but S&J just could not afford to pay her that
much. Jane told Ralph that things could not remain as they were at
present, and she wanted to give S&J a chance to correct the
situation. Ralph told Jane he would get back to her in several
days. About a week later, Ralph gave Jane a reply. He stated that
while the situation was wrong and unfair, he did not feel that
S&J could do anything about it. He told her that sometimes one
has to accept things as they are, even if they are wrong. He
further stated that he hoped this would not cause S&J to lose a
good employee.
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