August 8, 2015
Week 5 “You Decide”
Question 1 – Write a memo to the Teddy’s Supplies CEO advising him of the following:
a. The case facts
b. The decisions/proceedings to date
c. The company’s potential for liability, and under what law.
d. The worst-case damages that could be imposed.
To: Teddy’s Supplies CEO
It has come to our attention that there is a big problem in the warehouse near the West Orange store. We have a heard a lot of claims of horseplay and sexual harassment on company time. We will list some of the incidents in this memo and will suggest upper management step in and fix this problem so there will be now ...view middle of the document...
The jury will consider all facts and circumstances in awarding emotional damages.
Punitive damages when the harasser’s misconduct is particularly egregious, outrageous, malicious, or otherwise shocks the jury’s conscious. Punitive damages may also include reasonable attorney’s fees. (Cheung, 2015)
Please be advised and take note.
Question 2 - How does Title VII apply to this fact scenario?
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
* The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
* The harasser can be the victim's supervisor, an agent of the employer, and a supervisor in another area, a co-worker, or a non-employee.
* The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
* Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
* The harasser's conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Question 3 - Research and support your answer with two appellate level (including Supreme Court) U.S. cases that discuss sexual harassment and Title VII, and pertain to this case. Provide the case names, citations, facts, and decisions of those cases.
This mean sexual harassment or any harassment will not be tolerated!
There are two cases that have to do with sexual harassment and any harassment.
The first case is Faragher v. City of Boca Raton (1998). The citation is Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S.C. § 2000e et seq. This case has two supervisor sexually harassing their employees. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of...