1. Betty Wont, a six year employee on the sales floor of a retail store was denied a promotion to supervisor. Of the three employees who applied for the promotion, Ms. Wont was the only women. Ms. Wont had 1 year more seniority than the other candidates. The record shows that Ms. Wont had a mediocre attendance record the previous year due in part to the problems her child was having adjusting to Betty's recent divorce. Women comprise 45% of the employer's total workforce and 2% of the supervisory staff. Ms. Wont believes she was at least equally if not more qualified than the man who won the promotion. She also believes that the employer denied her the promotion because of her sex and wishes to sue under Title VII.

(a) As attorney for Ms. Wont, how would you attempt to prove your case?

(b) As attorney for the employer, how would you defend the action?

(c) How should the court evaluate the evidence?
 

2. The supervisory job that Ms. Wont applied for was a first level position involving the supervision of a team of sales employees. In addition to selling, the supervisor is responsible for assigning work, scheduling, evaluating employee performance, and other administrative tasks. In defense of the Company's promotion decision, the store manager explained that he conducted a 45 minute interview with each of the three employees and that, on the basis of these interviews as well as brief conversations he had with other supervisors, the store manager promoted the individual he felt was most capable. Though the Company lacks written guidelines for promotion, the manager testified that, "I hired Paul Smith because I found him to be the sharpest and most congenial. Betty Wont was less articulate and had a tendency to be abrasive. This could antagonize the workers she must supervise."

Does the store manager's testimony satisfy Burdine? Assume the testimony is credited, must the Employer win?
 

These problems are based on your CB materials at pp. 118-157.