1.| Question:| Teddy's Supplies' CEO has asked you to advise him on the facts of the case, and your opinion of their potential liability. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy's case which impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. | | Your Answer:| Memo to CEO: Your company is in fact in liability for negligence in protecting the best interest of your employee, Pollard. Even though she participated in many of the sexual harassment situations your upper management did anything to stop or report any of the activities they were aware of. The people put n charge failed the company and Ms Pollard by not being responsible and assuming just as much responsibility as she had in the situation. Per the EEO guidelines: An employer is always responsible for harassment by a supervisor that culminated in a tangible employment action. If the harassment did not lead to a tangible employment action, the employer is liable unless it proves that: 1) it exercised reasonable care to prevent and promptly correct any harassment; and 2) the employee unreasonably failed to complain to management or to avoid harm otherwise An individual qualifies as an employee's "supervisor" if the individual has the authority to recommend tangible employment decisions affecting the employee or if the individual has the authority to direct the employee's daily work activities. A "tangible employment action" means a significant change in employment status. Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a significant change in benefits, compensation decisions, and work assignment Employers should establish, distribute to all employees, and enforce a policy prohibiting harassment and setting out a procedure for making complaints. In most cases, the policy and procedure should be in writing. Small businesses may be able to discharge their responsibility to prevent and correct harassment through less formal means. For example, if a business is sufficiently small that the owner maintains regular contact with all employees, the owner can tell the employees at staff meetings that harassment is prohibited, that employees should report such conduct promptly, and that a complaint can be brought "straight to the top." If the business conducts a prompt, thorough, and impartial investigation of any complaint that arises and undertakes swift and appropriate corrective action, it will have fulfilled its responsibility to "effectively prevent and correct harassment http://www.eeoc.gov/policy/docs/harassment-facts.html By violating al of the above content we would recommend that Virginia be awarded damages for back pay, a psychological evaluation, a percentage of stocks/shares in the company for future earnings and action disciplinary to be taken against all parties involved| |
| Points Received:| 25 of 30 |
| Comments:| How did the management fail her?|
2.| Question:| The NJ Human Rights commission found that Pollard was the victim of Sexual Harassment and disparate treatment. Please answer these questions: a. Provide the most current definition of "sexual harassment," including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case where an employer was found liable for either quid pro quo or hostile environment sexual harassment. Describe the facts of the case, and the decision the court came to in the case. Include the citation to the case and a link to it online. Would the case apply to Pollard's case? Why or why not? Would you want to use this case in Teddy's favor or Pollard’s favor? (10 points)b. Explain which form of sexual...