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Joan works for the City Building and Records Department. She was hired a year before Derrick who works in her department. One day, Derrick complained to her about her jewelry, a small gold cross she wore as a necklace. He told her that it offended him and that she shouldn’t wear it again. When she refused, he complained to their mutual supervisor. At her annual review, the supervisor cited her persistence in wearing the cross as an indication of homophobia that offended her fellow workers. Joan did not receive a pay increase that year, and when the supervisor retired two months later, Derrick was hired into that position. Derrick promptly fired Joan.
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If this was an actual incident, what recourse does Joan have?
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Solution Preview
Hi,
Interesting scenario!
- If this was an actual incident, what recourse does Joan have?
At will employment means that an employer can fire you for no reason. So, Joan would not have any legal recourse unless she felt that she was discriminated against for one of the protected classes under Title VII (race, religion, sex, etc.).
In order to make discrimination claim Joan would need to argue that she did not get a pay increase that year and was fired because she was female or religion e.g. her cross was a religious symbol that she had a right to …
