I want it to be done in IRAC way that is why I added the second doc.

SEX DISCRIMINATION SCENARIO

Annabel Nevins works for a large corporation and is responsible for soliciting contracts and then providing services to the customers she has solicited. She has been with the company for five years and has been very successful both in the number of contracts she has brought to the company and in the satisfaction of her customers.

In August, 2018 Ms. Nevins applied for a promotion to Chief Account Executive, which would be the next step up in management and would require her to supervise ten (10) additional staff. Her immediate supervisor has recommended her to the company Promotion Committee.

There are twenty-five partners on the Promotion Committee, five of whom are women. In recommending her for promotion, her supervisor noted that Ms. Nevins’ performance has been outstanding and that she has played a key role in the consistent successful performance of her department. He went on to state that he did not believe any of the other candidates being considered for promotion had a comparable record to Ms. Nevins. The company had five promotion opportunities available and one other woman was considered apart from Ms. Nevins. The company denied Ms. Nevins’ promotion request. It did promote the other woman who applied.

Ms. Nevins’ supervisor discussed with her the reasons and provided guidance on what she could do to increase her chances for promotion in the future. He explained that the Promotion Committee praised her character as well as her accomplishments, describing her as "an outstanding professional" who had a "deft touch," a "strong character, independence and integrity." Clients appear to have agreed with these assessments.

The supervisor explained, however, that Ms. Nevins’ aggressiveness apparently spilled over into abrasiveness. He "indicated that she was sometimes overly aggressive, unduly harsh, difficult to work with, and impatient with staff." One partner described her as "macho", another suggested that she "overcompensated for being a woman", a third advised her to take "a course at charm school." Several partners criticized her use of profanity; in response, one partner suggested that those partners objected to her swearing only "because it's a lady using foul language." Ms. Nevins’ supervisor suggested that she "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry." He explained that it would aid in her chances for promotion in the future.

Ms. Nevins believes that she was denied promotion based on her sex (gender).

1. Explain the process should Ms. Nevins want to file an employment discrimination complaint.

2. Explain why the denial of promotion is employment discrimination.

3. Explain why the denial of promotion is not employment discrimination.

4. Do you think the denial of promotion is employment discrimination? Why/why not.