Employment Law class
Complete and Submit Case Study 3 (Chapter 1)
The Treasury Department’s Bureau of Engraving and Printing retained Aspen Personnel Services, Inc., to provide tour services at the Bureau. In July 1995, Aspen hired Trayon Redd as a tour guide. In March 1996, Aspen removed Redd from her job at the Bureau. When Redd complained to Aspen about her dismissal, Aspen rehired Redd and attempted to reinstate her at the Bureau. The Bureau refused. Redd, who is five feet seven inches tall and weighs about 348 pounds, perceived the Bureau’s behavior in these affairs as a response to her weight.
First, Redd alleges that on the occasion of her hiring, Banks told Redd and her mother that the tour guide job required a lot of walking in the sun, drinking water, and limiting one’s consumption of milk. Redd regards these remarks as obesity-based aspersions on her ability to guide tours. Second, Redd finds another obesity-based aspersion in Banks’s remark to Redd’s mother, in December 1995, that Redd would surely lose some weight with all the walking that the tour work required.
Redd alleges that Redd’s mother told Banks in a phone conversation that “full-figured” women are not unable to perform the job of a tour guide. Redd alleges that later that day, after a conversation with Banks, Walls told Redd that her evaluation was substandard and that she would be terminated. Redd’s view is that Banks’s opposition was behind the termination and was driven by obesity concerns and/or a desire to retaliate for Redd’s mother’s “full-figured” remarks.
Do you agree that Trayon Redd’s claim of disability discrimination depends on whether she is considered to be an employee or an independent contractor?
Redd v. Summers, Secretary of the Treasury, 232 F.3d 933 (D.C. Cir. 2000)..
Submit your answers, in minimum of 500 words, in an Microsoft Word document.
Font: Arial; 12-point
Line Spacing: Double
APA formatting (highly encouraged)