Liberty Mutual Insurance Company had a rule prohibiting its adjusters and first-year supervisors from attending law school. Joan Chescheir was hired by Liberty Mutuals Dallas office in March 1973 as a claims adjuster. In January 1975, she voluntarily resigned but in June of that year was hired in Libertys Houston office as a claims adjuster. In August 1976, the Houston office received an anonymous letter disclosing that Ms. Chescheir was attending law school. She was fired after she admitted she was attending law school. Charity OConnell was also a claims adjuster during the same period. During a coffee break with new employee, Timothy Schwirtz (also an adjuster), Ms. OConnell relayed the story of Ms. Chescheirs firing. Mr. Schwirtz said, Oh, thats strange, because when I was hired, when Wells [claims manager] interviewed me, he told me that I could go to law school and if I came to the Houston office, there were law schools in Houston. Ms. OConnell went to her supervisor and told him she also was attending law school. She refused to quit law school and was fired. William McCarthy, Libertys house counsel, attended law school while working as an adjuster and was retained as house counsel upon his graduation. The trial court found that Mr. McCarthys supervisors were aware of his contemporaneous law school career. Alvin Dwayne White was employed as an adjuster in Libertys Fort Worth office and asked for a transfer to Houston so he could attend law school. He was given the transfer and attended law school in Houston. James Ballard worked as an adjuster in Houston, attended law school, and was promoted to supervisor while in law school. Supervisors and employees were aware of his law school attendance, but the law school rule was not enforced against him. None of the male employees known to have been attending law school was fired. Ms. Chescheir and Ms. OConnell filed suit in federal district court. The lower court found that Liberty Mutual had violated Title VII. Both women were given back pay. Liberty Mutual appealed. What should the court decide and why? [Chescheir v Liberty Mutual Ins. Co., 713 F.2d 1142 (5th Cir. 1983)].

1. Liberty Mutual Insurance Company had a rule prohibiting its adjusters and first-year supervisors
from attending law school. Joan Chescheir was hired by Liberty Mutuals Dallas office in March
1973 as a claims adjuster. In January 1975, she voluntarily resigned but in June of that year was
hired in Libertys Houston office as a claims adjuster. In August 1976, the Houston office
received an anonymous letter disclosing that Ms. Chescheir was attending law school. She was
fired after she admitted she was attending law school. Charity OConnell was also a claims
adjuster during the same period. During a coffee break with new employee, Timothy Schwirtz
(also an adjuster), Ms. OConnell relayed the story of Ms. Chescheirs firing. Mr. Schwirtz said,
Oh, thats strange, because when I was hired, when Wells [claims manager] interviewed me, he
told me that I could go to law school and if I came to the Houston office, there were law schools
in Houston. Ms. OConnell went to her supervisor and told him she also was attending law
school. She refused to quit law school and was fired. William McCarthy, Libertys house counsel,
attended law school while working as an adjuster and was retained as house counsel upon his
graduation. The trial court found that Mr. McCarthys supervisors were aware of his
contemporaneous law school career. Alvin Dwayne White was employed as an adjuster in
Libertys Fort Worth office and asked for a transfer to Houston so he could attend law school. He
was given the transfer and attended law school in Houston. James Ballard worked as an adjuster
in Houston, attended law school, and was promoted to supervisor while in law school.
Supervisors and employees were aware of his law school attendance, but the law school rule was
not enforced against him. None of the male employees known to have been attending law school
was fired. Ms. Chescheir and Ms. OConnell filed suit in federal district court. The lower court
found that Liberty Mutual had violated Title VII. Both women were given back pay. Liberty
Mutual appealed. What should the court decide and why? [Chescheir v Liberty Mutual Ins. Co.,
713 F.2d 1142 (5th Cir. 1983)]