For step 1 of this paper, you were provided four precedent cases to discuss and apply to your dilemma involving the Angelus Funeral Home. These are listed below:
Jespersen v. Harrah’s Operating Co., 444 F.3d 1104 (9th Cir. 2006)
Bostock v. Clayton Cty., Georgia, 723 F.Appx. 964 (11th Cir. 2018)
Bostock v. Clayton Cty., Georgia, 140 S. Ct. 1731 (2020)
Peltier v. Charter Day Sch., Inc., 37 F.4th 104 (4th Cir. 2022), cert. denied, 143 S. Ct. 2657 (2023)
To earn points for the Step 1 legal analysis of your dilemma, you will need to discuss the four precedent cases provided and explain how they might apply to your dilemma. Jespersen (#1) and Bostock (#3), in particular, should be thoroughly discussed, including how those courts ruled on the sex discrimination theories of (a) unequal burdens; (b) sex stereotyping; and (c) but-for causation.
The cases are attached in PDF’s. The dilemma of the Angelus Funeral Home you apply it to is below:
Angelus Funeral Home Dilemma
Your father, the owner of the Angelus Funeral Home in Los Angeles, California, recently passed away. In his will, your father left you a house in Malibu and his entire interest in the Angelus Funeral Home. For the past twenty years, the funeral home has been managed by a female employee named Rhonda. After speaking with the Human Resources Director of your funeral home, you have discovered that Rhonda has been an excellent employee, but that customers have often complained of Rhonda’s unprofessional appearance. Specifically, numerous complaints have been lodged against Rhonda for being “too casual” in her clothing selection, given that she often presents herself wearing “baggie clothing” that customers find appropriate “only for a pajama party.” These complaints, which have now been showing up on social media with greater frequency, are negatively impacting your funeral home’s business.
To address this issue, you are considering implementing an employee dress code that would require all public-facing funeral home employees to wear professional attire. The dress code you are contemplating would require women, including Rhonda, to wear makeup and to style their hair in a professional manner. The dress code would further require men to wear suits and ties and to keep their hair cut short, specifically, no longer than the top of their shirt collar. It would also prohibit all male employees from wearing makeup.
You are aware that the United States Supreme Court recently weighed in on the issue of dress codes for funeral homes in the case of R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC (decided as part of the Supreme Court’s opinion in Bostock v. Clayton County, Georgia). Although you don’t know much about the Harris case, you read in the news that a male employee of the funeral home involved in that case successfully sued the funeral home for being fired after expressing his desire to wear dresses and makeup at work. Accordingly, you are concerned that your dress code, while innocent enough, could potentially lead to a costly discrimination lawsuit. Nevertheless, since Rhonda identifies as female, her biological sex, you are not truly concerned about her suing you for discrimination in the event you implement a sex-differentiated dress code for funeral home employees.
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