Problem
U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit on behalf of Luis Vasquez, against his former employer, the Children's Home, Inc., a Tampa non-profit children's organization. The lawsuit claims the employer violated federal law when it refused to consider a male employee for a management position in a maternity home program based on his sex. Further, after voicing his concerns about not be considered because he is a male, he was excluded from applying for any other positions with the organization, the EEOC said.
According to the EEOC's lawsuit, Children's Home's upper management and human resources personnel discouraged a male manager, Luis Vasquez, from internally applying to a position in a newly created Adolescent Motherhood Program, which was similar to his then-existing position. The EEOC said that Vasquez was told that management "wasn't sure if they would accept males to work at the new motherhood program," and asked, "... can you imagine males changing pampers, working with babies and with pregnant girls?"
Vasquez sought a new position with the organization because the program where he was employed didn't receive renewed funding. Soon after complaining about the refusal to consider him because of his sex, he was advised that there were no other positions available at the organization for him. Vasquez's less-experienced female subordinate was selected for the newly created position, the EEOC said.
Answer the following questions.
A. For this memo, you will be the judge hearing this case. You should review the arguments and the laws governing sex discrimination and recommend a decision in this case. You should either recommend that that case should be decided in favor of the EEOC and Luis Vasquez or the employer. This recommendation should be in the subject line of your memo and also appear in your summary.
B. Based on your recommendation, give you reasons for your decision. Why have you ruled in either the EEOC and Luis Vasquez's or the employer's favor?
C. Regardless of your recommendation, argue in favor of the employer's position and actions?
D. Regardless of your recommendation, argue in favor of the EEOC and Luis Vasquez's position.