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QUESTION

You currently work for a bank. There is a regulation at issue that requires that all female bank employees who are in regular contact with the public...

You currently work for a bank. There is a regulation at issue that requires that all female bank employees who are in regular contact with the public wear one of two uniforms selected by the bank. These are provided at bank expense and are individually tailored to fit each employee. The styles are selected by a committee of female employees and are changed annually. No one has complained about the styles of uniform. The women complain that they are required to wear any type of uniform when the male employees who are in regular contact with the public are permitted to select their own working attire.

 Ms. Fletcher met last week with the women tellers and reviewed the basis of the uniform policy with them at some length. It was instituted in 1955 because the women tellers had entered into a fashion competition with one another, a competition that interfered with the business of the bank. To put a stop to that competition the officers of First Valley implemented the uniform policy. There was no need to require that the men be subject to this policy because they showed no signs of competing with one another over who would wear the more fashionable ensemble. Ms. Fletcher explained that the uniform policy is kept in place because there is no reason to think that the same fashion competition would not reassert itself if the uniform policy were lifted.

 Your assignment is to compose a memorandum to Ms. Fletcher indicating what you understand to be: (a) the strongest argument in support of the claim that the policy violates Title VII; (b) the strongest argument in support of the claim that it does not; and (c) your judgment as to which argument is more likely to prevail should the matter go to trial. You are to indicate the pertinent legal authorities in support of your judgment.

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