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Teddy' S Supplies Ceo

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Teddy's Supplies' CEO has asked you to advise him on the facts of the case, and your opinion of their potential liability. He wants to settle the case. 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 in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis of the case against Teddy's.

Virginia Pollard, sex discrimination claim filed against Teddy’s Supplies, the facts are follow: Ms. Pollard was the only female working in a warehouse with a male supervisor and all-male colleagues. After her relocation to the warehouse, Ms. Pollard was subjected to numerous inappropriate pranks that were not of a sexual nature. On two occasions, Ms. Pollard was sexually harassed when one of her coworkers bent her over his lap and spanked her. The second incident occurred when Mr. King, her immediate supervisor, and another employee put a sign on up that read “HARDHACT REQUIRED/BRA OPTIONAL and encouraged Ms. Pollard to do as the sign said. She refused. As she was walking away, Mr. King promised not to report her to management, upon which she lifted one side of her shirt in the back and exposed part of her bra on the backside. Prior to this incident, in July 2008, Mr. Pollard states that she informed Mr. King that she felt like she was being “picked on” by her coworkers. She claim Mr. King and told her to “grow some balls” and to “get over herself.” There is no record which proves that Ms. Pollard submitted a sexual harassment report, although she states that she tried to file an anonymous complaint but the website wasn’t working the day she tried. As a result of the internal investigation, Ms. Pollard was terminated while no corrective actions were taken against King and the six other male employees.
It is my professional opinion that you are potentially liable for Mr. King’s inappropriate conduct and actions. By condoning this type of behavior and participating in the harassment, and ultimately failing to protect Ms. Pollard makes Terry’s Supplies liable according to the 1998 Supreme Court ruling. This ruling made employers liable for incidents of sexual harassment based on the fact that the “employer is responsible for the actions of the supervisor, even when the employer is unaware of the supervisor’s.

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