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employment discrimination?
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?
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.
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