employment discrimination?

Question

With Christmas fast approaching, malls & department stores are beginning the process of hiring people to play Santa. Marjorie Nakamura, a Japanese-American woman applies, but is not hired, to be the Santa Claus at a mall in a major American city. She believes that the refusal to hire her was based on gender and race discrimination. Because of your acknowledged expertise in employment discrimination law, she consults with you about whether she has a legitimate case. Would Marjorie be successful in her case or not?

Answer 1

It depends on who they hired to fill the position and the reason that they gave her for not hiring her. If they hired a white male, then she has some grounds for winning her case. If her availability was limited or they hired someone with previous Santa experience she probably would not win.

Unfortunately damages in these types of situations are very difficult to determine. Did she really lose anything by not getting the job? Most attorneys don't pick up these cases unless they are class-action types or there are witnesses because they're very subjective. If I were Marjorie, I would consult the EEOC and have them investigate the company. If the EEOC finds the company at fault and the company does not offer a favorable settlement, then Marjorie could take their findings to a labor attorney who will use the findings to get her a settlement.

Answer 2

There are a number of laws that deal with employment discrimination. I would sugggest that you review FindUSLaw - they have a section on Employment Discrimination: http://finduslaw.com/finduslaw/employment_discrimination.

From FindUSLaw, I found a few statutes that apply.

Civil Rights Act of 1964 - CRA - Title VII - Equal Employment Opportunities - 42 US Code Chapter 21 - http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21
- Sec. 2000e-2. Unlawful employment practices states: It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin;...

But this only applies to employers who are:
"employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.

Hope this helps.

Answer 3

Anybody can be a Santa Claus if they are ready to give gifts to the needy. No restrictions as per God. restrictions are man-made.

Answer 4

don't waste your money some unethical lawyers will be very willing to take every cent they can and u might not recoup satisfaction at all.

Answer 5

no