On April 12, 1993, Mehrnet Bahadirli sought employment as a pizza delivery person at the Westgate Parkway store, a Domino's pizza franchise in Dothan, Alabama. According to the plaintiff, he visited the store and was told that he was well qualified for the position, but he never received word regarding the job. The plaintiff alleges that on his return to the store around April 25, 1993, he was told that he would not be hired for the position. According to the plaintiff, in the interim four other individuals were hired at the Westgate Parkway store.
According to Clarkfinn, plaintiff was told that the application had been misfiled and that the Westgate Parkway store did not have any openings.
Bahadirli contends that on learning he would not be hired, he went directly home and asked his wife to call the shop and inquire about employment. Plaintiff alleges his wife was offered a position over the phone. Clarkfinn is the corporate entity that owns the Domino's Pizza franchise at issue here. Mr. Clark owns 75% of Clarkfinn's stock and serves as the corporation's president.
- The issue is whether the franchiser or the franchisee is ultimately responsible for the discriminatory acts. What result?