...Richard Lester August 8, 2015 Professor Goldsen 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. MEMO 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 lawsuit file against Teddy’ Supplies. * Taping co-workers drawer closed * Locking co-workers out of guard shack * Having co-workers file trash * Backing up a forklift to a door and having it back fire in a co workers ear * Delivery drive spanking one of the warehouse guards * Supervisor posting a sign of the wall “Hardhats required/Bra optional” * Supervisor making worker show their bra These incidents all started in the beginning of 2008 and should not be happening in the work place. The company at this time is potentially liable for all damages to this employee. Under law Civil Rights Act of 1964. (EEOC, 1964) Teddy’s Supplies is liability for harassment if a supervisor that results in a negative employment action such as termination, failure to promote of hire...
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...1. 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 Dear Mr. Moore, After an independent study and review of this case, it is my judgment that Teddy's Supplies is indeed liable for workplace and sexual harassment against Virginia Pollard. A careful review of the case also indicates that the plaintiff, Ms. Pollard, was placed in a "hostile" environment under the supervision of Steve King. While it is not illegal for one woman to work among a group of men, careful judgment should be used by the employer in determining if the work environment is suitable for males and females. As a general rule, it is not good practice to have one female working with all male colleagues. First of all, I will define these three types of sexual harassment as stated by: http://www.strategichr.com/shrsweb2/harassment_01.shtml a) “Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected...
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...a) Sexual harassment “is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In most legal contexts sexual harassment is illegal. As defined by EEOC, it is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature”. http://en.wikipedia.org/wiki/sexual_harassment Quid Pro Quo is “most often means a more-or-less equal exchange or substitution of goods or services. English speakers often use the term to mean “a favour for a favour” and the phrases with almost identical meaning include “give and take”, “tit for tat”, “this for that”, and “you scratch my back, and I’ll scratch yours”. http://en.wikipedia.org/wiki/Quid_pro_quo Hostile work environment sexual harassment “refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee’s direct supervisor where supervisors or managers take no steps to discourage or discontinue such behavior. It is distinguished from quid pro quo sexual harassment, where a direct supervisor seeks sexual favors in return for something within the supervisor’s powers, such as threatening to fire someone, or offering them a raise. Quid pro quo has been recognized as actionable for decades...
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...Question #1: Please read Problem 11 about credit cards and the kinds of debt being incurred by consumers these days, and answer the following questions: Are banks acting in a responsible fashion with their solicitations of consumers for credit cards and increases in credit card lines? I believe that the banks are not acting in a responsible fashion with their solicitation of consumers for credit cards and credit card lines. As mentioned in the article, the banks are advertising “promotions of credit card and debt to increase limits” in an attempt to gather additional consumers. I think by advertising these credit cards to college and high school students, and then providing them with higher credit limits and promotions, the banks are aiming to increase the number of irresponsible spenders in today’s society to make money. What responsibility do consumers have with regard to credit card debt? Consumers are held completely liable for credit card debt they have incurred. The consumer had the choice to use or not use the card and should be held responsible for the actual use. What disclosure rules apply in banks’ solicitations of credit card customers? In banks’ solicitation of credit card customers, the disclosures required sent out to the customer must have the following information: (i) what interest charge and APR for the charges on the credit card, (ii) when the bills will be sent, (iii) what to do about questions on the bills, and (iv) when payments...
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...You are the independent Human Resources Consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal information you can find. 1. 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 that 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 that apply and any precedent cases either for or against Teddy's case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. (Points: 30) Answer: To: J. Doe, CEO From: William Outlar, Consultant Date: April 8, 2011 Re: Virginia Pollard Case After reviewing the case there is a glaring issue that you had with Mrs. Pollard. The guys she worked with created a very hostile work environment that led to where we are now. Coupled with the supervisor being in on these activities and not being disciplined will be a hard sell to a judge or jury. Below I listed several elements that classify a hostile work environment; Hostile Work Environment – Sexual Harassment Five (5) general elements...
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...in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, an employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant. To begin, I do feel that Teddy’s is liable on several points, including the fact that Ms. Pollard was a victim of gender based harassment at Teddy’s, and that this fact was not only known and seen by a supervisor, but also participated in by same supervisor. Despite the fact that Ms. Pollard did not file a formal complaint against her co-workers or supervisor based on her experiences, it may be understood that she felt threatened by the continued and apparently sanctioned abuse. When she attempted to report the incidents to her supervisor, Mr. King, he responded in additional harassing statements. Furthermore, Ms. Pollard had a recent performance review that rated her work as ‘exemplary’ and did not include any complaints. In addition, Ms. Pollard was the victim of repeated verbal jokes and physical harassment. Regarding the comments from other employees concerning the case, I feel these should not be considered as they are merely circumstantial and not factually related to the incidents described. The complainant’s points are particularly damaging in that her supervisor was the one who created the hostile environment that led to the sex-based harassment at Teddy’s. I have been asked to extrapolate on potential damages...
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...meaning your classmates may have different questions than you do. This project is worth 100 points toward your final grade. You can access this area all week and continue updating your answers until the end of the week – be sure to hit "save answers" before leaving each time! When you are done working on the project, hit "Submit for grade," and then it will be available in the grade book for grading. Your role in answering the questions: You are the independent human resources consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal information you can find. -------------------------------------------------------------------------------- 1. 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 that states your view of whether the company is exposed to liability on all issues you feel are in...
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...1. To: Teddy’s Supplies’ CEO From: Stephanie Oco, Consultant Subject: Review & potential liabilities resulting from Virginia Pollard’s claim. The CEO of Teddy’s Supplies regarding the case that has been brought against the company by former employee, Virginia Pollard, has requested this review. I will be reviewing the case to determine if Teddy’s has any liability issues and what specific facts are relevant. There are several factors that are at play that would make Teddy’s legally liable: 1. Virginia Pollard is claiming to be a victim of “gender based harassment” while being the only female employee holding a position within the warehouse department. The harassment, taunting and pranks played by fellow co-workers was not reported to her supervisor due to the fact that Mr. King, too participated and permeated the behavior. 2. Although, Ms. Pollard did not file a formal complaint against her co-workers or supervisor she may have felt threatened by the behavior of her direct supervisor Mr. King, when attempting to report the incidents he responded in a tone that was unprofessional in nature and quite frankly made statements that furthered the harassment and hostile environment. 3. The company is not safeguarded by it’s current sexual harassment policy and fails to provide employees with proper avenues to report sexual harassment, quid quo pro, or any conduct that creates a hostile work environment which in turn leaves the company severely liable to future...
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...final grade. You can access this area all week and continue updating your answers until the end of the week – be sure to hit "save answers" before leaving each time! When you are done working on the project, hit "Submit for grade," and then it will be available in the gradebook for grading. Your role in answering the questions: You are the independent human resources consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal information you can find. 1. 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 that 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 that apply and any precedent cases either for or against Teddy's case...
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...filling the guard shack with trash and locking her out of the guard shack where she sat in to watch the inventory. Virginia was also the recipient of sexual harassment when a delivery driver sat in her chair and she attempted to push him out he bent her over and spanked her. Steve King, Virginia’s supervisor rarely enforced Teddy’s rules against smoking, horseplay, foul language, and sexual harassment. It is also noted that Steve King also indulged in such behaviors along with the other staff. Teddy’s has a sexual harassment policy that can be exercised by reporting or filing a complaint to a superior such as a supervisor or reporting it anonymously through the website that has been setup by the company. Virginia Pollard signed a copy of the sexual harassment policy that Teddy’s supplies, but she did not file a complaint with a superior or through the website anonymously. During her NJ Human Rights Commission Hearing she claims that the website was not working at the time she attempted to do so. In August 2008 an incident occurred where a sign was posted that read “HARDHAT REQUIRED AND BRA OPTIONAL”. Virginia Pollard was called over by her co-workers to view the sign and encouraged her to do as it said. After she refused King promised not to report her to management at which point she lifted one side of...
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...consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal information you can find. [pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic][pic] |1. 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 that 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 that apply and any precedent cases either for or against Teddy's case that 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. (Points : 30)| | | | | To Teddy’s Supplies’ CEO: The facts of the case of the exposed potential liabilities against Teddy’s Supplies Inc.: 1. Teddy...
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...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 that 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 that apply and any precedent cases either for or against Teddy's case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. Student Answer: 1.) A. Workplace harassment is any unwelcome or unwanted conduct that designates or shows hostility or an aversion toward another person on the basis of any characteristics protected by law, which includes an individual’s race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristics protected by law. A conduct is unwelcome if the employee did not solicit, instigate, or provoke it and the employee regarded the conduct as undesirable or offensive. Pollard was constantly being harassed by six male colleagues. She was a victim of pranks perpetrated by them that ranged from taping her desk drawers shut, locking her out and therefore hindering her from preforming her job due to the fact she was responsible for watching the warehouse inventory. Filling the guard shack with trash and putting her in harm’s way by backing a forklift up to the guard shack door and making it backfire into her...
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...of sex discrimination and that Teddy's reasons for firing her were pretext, and awarded her back wages and damages. Teddy's appealed to the circuit court, including in their case that Pollard had committed several infractions, including participating in the spanking incident. They reported that Pollard had failed to report any sexual harassment and included a copy of their sexual harassment policy as part of their defense case. The Circuit Court found that Teddy did have good reason to discipline Pollard but that firing her was in fact disparate treatment when compared with the utter lack of discipline given to King. The circuit court reversed the Commission's award of damages because it believed that Teddy had been right to discipline Pollard, but they ordered Teddy's to reinstate Pollard to her old position. Pollard appealed to the New Jersey Court of Appeals and refused to accept her job back. My memo to the CEO follows: This memo is in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, a former employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant. To review, Teddy's has been found guilty of sexual harassment in her case by the New Jersey Commission on Human Rights, and awarded her back wages and damages. Teddy's appealed to Circuit Court, and the original decision was overturned, but Teddy's was ordered to reinstate Pollard...
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...shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager. In one incident Mr. King and the other warehouse workers put a sign on a truck that read "HARDHAT REQUIRED/BRA OPTIONAL." King and another employee called Pollard over to look at the sign and encouraged her to do as it said. This clearly indicates that Mr. King had knowledge of the harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles Mr. King and the other male workers were acting as the agents for Teddy’s Supplies when they committed the harassing acts. Two recent Supreme Court cases have set forth a new test for determining when an employer is vicariously liable for a hostile work environment created by a supervisor. In Burlington Industries v. Ellerth, and Faragher v. Boca Raton, the Supreme Court held that “[a]n...
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...You Decide – Week 6 Question 1. TO: Teddy’s Supplies CEO Date: April 11, 2014 RE: Pollard Sexual Harassment Issue Jim: At your request, I have taken a look at the information that has been collected on the above referenced issue. I offer the following comments and/or suggestions: 1. Pollard was the only female working in the warehouse division of Teddy’s. Several incidents occurred which I will detail below. a. In one incident, Pollard returned to her area to find a co-worker sitting in her chair. She asked him to move. He did not move and proceeded to turn her over his lap and spank her. b. When Pollard approached Steve King to report that she was being targeted he replied “grow some ball” and “get over herself”. c. In one incident, signage was hung on one truck that read “Hardhat Required, Bra Optional”. Pollard was approached and asked to comply. She declined but then lifted the back of her shirt and showed her bra strap. This incident was reported by another employee and Pollard was fired. None of the men were disciplined. Pollard proceeded to filed a sexual harassment lawsuit. New Jersey Commission on Human Right found that her reasons for firing her were “pretext” and awarded her wages and damages. Teddy’s appealed the circuit court stating that Pollard had been guilty of several infractions, including being a participant in the spanking incident. We were also able to show that Pollard did not file a sexual...
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