Assume the same facts as #17 and #18 above. Assume that Employer files a motion
ID: 461968 • Letter: A
Question
Assume the same facts as #17 and #18 above. Assume that Employer files a motion for summary judgment asserting that Plaintiff’s unwillingness to work the required hours establishes a legitimate, non-discriminatory reason for not hiring her and that Plaintiff in turns asserts that Employer’s proffered defense is pretextual. Assume that Plaintiff supports her claim of pretext with an affidavit from the secretary of one of the men who interviewed her in which she swears that she overheard her boss say to another one of the interviewers, I don’t care whether [Plaintiff] says she can work the required number of hours or not—the last time we had a b*tch in a sales position, she gave us nothing but trouble. Will Employer’s motion for summary judgment be granted? a.Yes, because even if the secretary’s allegations are true, they still don’t establish that the Plaintiff was not hired because she was a woman and not because she was unwilling to work the amount of hours required. b.No, because the secretary’s allegations are sufficient to create an issue of fact as to whether the Plaintiff’s gender was impermissibly considered in the decision not to hire her. c.Yes, because even if the secretary’s allegations are true, Employer still had a valid reason for not hiring Plaintiff: she was not willing to work the number of hours required by the position. d.a and c.
Explanation / Answer
b.No, because the secretary’s allegations are sufficient to create an issue of fact as to whether the Plaintiff’s gender was impermissibly considered in the decision not to hire her.