third memorandum on Ms. Shewin’s case is due this week. In Unit 1, you
summarized the facts and prepared draft follow-up questions for lead counsel
to use in a future client interview.
week you will write a 1000-1250 word memorandum,addressed to the client, not
to lead counsel.
your earlier work and any additional research you consider needed, please create
a draft memo to the client that includes the following items:
Summary of the facts;
Summary of the issues;
Analysis of each cause
Summary of the
additional information needed, and
which of Ms. Shewin’s claims is the strongest
HERE IS THE CASE FACTS:
Ima Shewin is a 45-year-old
African-American woman with advanced degrees in English and journalism from the
University of Chicago. She has been employed by The Blabber, a newspaper in
Atlanta, Georgia, for 10 years. She started as an entry level researcher. Two
years later, she was promoted to a junior-level reporter position, and two
years after that, to a senior-level reporter position. She has now been a
senior-level reporter for the last six years.
During the first eight years of her
employment, Shewin reported to George Doright. Two years ago, The Blabber
reorganized, and Doright was moved to another division in the company. Since
then, Shewin has reported to Arthur King, The Blabber's senior editor.
Following the reorganization, two editors have retired. Although Shewin applied
for these positions, they were not offered to her. In fact, she was only
invited to interview for one of the positions, although she believes she met
the qualifications for both.
Last month, she applied for a junior-editor
position she has been after for several years now. Based upon the
qualifications that were identified in the job's classified ad, she felt she
was a shoo-in. She applied and was interviewed. The interview with Mr. King did
not go as well as she had hoped. The interview took place over lunch in a
restaurant. King started out the conversation by engaging in seemingly harmless
social banter, but Shewin was uncomfortable with his personal questions about
her relationship with her boyfriend. A few weeks after the interview, the
company announced that it was hiring Gene Whiz, someone from outside the
company. Whiz is 26 years old and recently earned a master's degree in
journalism from the University of Chicago. He has worked as a reporter for a
small local newspaper.
Shewin believes a number of factors
may have been held against her. For example, only three women are in the upper
levels of management, and all were promoted prior to the reorganization. King
was not involved in the promotion decisions for any of the three women.
King has a reputation for making
sexist comments, which several women in the company find offensive, as do a
number of men. For example, he described one pregnant reporter as
"barefoot and pregnant." He has also asked Shewin out to "discuss
business," invitations that she has declined. She feels that rejecting him
may have something to do with her not getting the job.
Another possible factor is that
there are only five African-American senior managers in the company. Shewin has
heard through the rumor mill that Whiz is part AfricanAmerican.
Also, prior to Mr. Doright's
transfer, Shewin filed a complaint against some of her male colleagues.
Apparently the men whose cubicles were surrounding Shewin's area had a habit of
discussing their weekend dates in graphic detail on Monday mornings. Although
they did not make these comments directly to Shewin, the conversations were
quite loud and she overheard them regularly. After several months of hoping
they would stop, Shewin brought this matter to Mr. Doright, who sternly told
the employees to stop such behavior. However, since Arthur King became the
senior manager, her coworkers have reverted to their old behavior, and King has
taken no action against them, despite Shewin's repeated complaints to him. In
fact, Shewin has observed King laughing at the conversations as he walked by.
He did not, however, participate in the conversations.
Finally, Shewin is more than 40
years old and has concerns that she may be getting passed over because of her
age. A friend of hers overheard King talking to another senior manager,
speculating as to when Shewin would finally retire.