Brenda is a 43-year old naturalized US citizen from Guatemala. She has worked for ABC Company for 13 years, starting after she came to this country to study. During that time she has, from time to time, been the subject of snide comments about her Hispanic background. One employee even had to be disciplined over repeated anti-Hispanic comments. Despite this, ABC has always treated Brenda fairly and addressed her concerns promptly. Her salary and performance ratings are right in the middle of her peers.
Recently, the company replaced Brenda’s supervisor with a younger woman who had just joined ABC. Brenda had applied for the job, but was told that the company wanted someone with newer skills at that position. Eventually, a 39-year old woman from another company was hired for the position.
Brenda was very upset and consulted a lawyer.
-What laws should the lawyer review?
-Does Brenda have a ‘cause of action’ ?
-What would the company’s likely defense(s) be?
-If she does bring suit, would her career at ABC be over or is she
-protected from retaliation? Explain.