Shewin Memorandum 1

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Heather M Fuller PA402: Employment Law Assignment: Shewin Memorandum #1 April 27, 2015

Anti-discrimination laws cover categories that include race, gender, religion, age national origin, and others. Ms. Shewin’s case has several factors that could be split into the discrimination categories. The first factor that can be considered is that Ms. Shewin is an African American. In the fact pattern is states that there are only five African-American senior managers in the company. This would fit into the race discrimination category because the number of African-American individuals that are in senior management positions could be subject to the EEOA depending on the records kept by the company. The gender category is also a factor
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This also helps to establish credibility because there were other people that saw and/or hear the same comments or actions that you are trying to prove happened. It is always better to make sure that you can either get something in writing or better yet have them testify in court about what they saw and heard.

3. The type of compensation, or "damages" you can hope to recover?
I thought this would be a good question to ask because in the end, anyone who files a lawsuit is looking to get something out of it. By the attorney asking what the clients expected outcome should be, this allows the attorney to prepare the case in the correct manner. It also gives the attorney the opportunity to talk with the client about what the realistic outcomes could be and how the process will work.

4. Did you speak with Human Resources regarding the interview process?
This is a good question to ask the Ms. Shewin because if she went to the HR department or an upper management person to talk to them about the inappropriate interview circumstances, then it give the case more leverage that these alleged allegations did in fact take place and when they took place. This also gives the attorney additional people to talk with to get a better understanding of what they thought happened and if they tried to handle the situation.

5. Why do you feel that you did not get the job?
I would have the attorney ask this question

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