Janice Cohen, an MBA graduate, was interviewing for an account ...

[olgavictoria]

Janice Cohen, an MBA graduate, was interviewing for an account executive position with an insurance company. During the course of the interview she disclosed that her husband was in the PhD program in business at the local university. The interviewer then commented, Well, I guess you won't be staying around here once he gets his PhD. Janice was not hired and a male with an undergraduate degree and no experience was hired for the position. Discuss Janice's rights under Title VII.

Question 2

Audra Sommers, also known as Timothy Cornish, claims to be a female with the anatomical body of a male. Sommers (his/her preferred name) was terminated from his/her employment with Budget Marketing, Inc because female employees refused to use the restroom with him/her and Sommers refused to use the men's room. Budget said there was significant disruption of the company's work routine as a result of this conflict. Sommers brought suit alleging a violation of Title VII. Does Title VII afford protection for Sommers?

[Qarqy]

Answer to Question 1

The comment was a reflection that information about marital status was being used in making the job determination. Such a decision process would violate Title VII.

Answer to Question 2

Consistent with many other such decisions, the court in Sommer v. Budget Marketing, Inc., 667 F.2d 748 (8th Cir. 1982), refused to extend Title VII protection to transsexuality. Word sex in Title VII is to be given its plain meaning and was not intended to include transsexuality.

[olgavictoria]

Thanks for the timely response, appreciate it

[bblaney]

TYSM