You are an independent human resources consultant who was hired by Teddy's Supplies to consult on this case during the appeal.
Key Players:
Francena Phillips, Cashier
"I have worked for the company for 10 years. Virginia would often come to work with tight clothes on. And all those phone calls she made were usually to men. I heard from some of the guys in the guard house that she was really easy with them, too.
Tonya Morgan, VP of Operations
I have had several interactions with Steve King and all have been stellar and am very surprised by the accusations. I require all my employees to attend yearly discrimination workshops.
Ted Moore, CEO and founder
I have over 150 employees. Although 70% of the employees are men, the executive staff, 20 in total, are comprised of mostly women.
I have made it a priority to ensure that our company hires and promotes our employees equally and fairly.
Read these questions. Open a new Word document, and write your answers in essay format. Include your name in the initial memo heading for Question 1 (as the submitter).
Save the file. Submit the document to the dropbox.
Q1. 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 laws.
d. The worst-case damages that could be imposed.
Q2. How does Title VII apply to this fact scenario?
Q3. 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.
Q4. Review Teddy's sexual harassment policy that Virginia Pollard signed. Virginia tried to make an anonymous complaint, but the website was down that day. During the Human Rights Commission case, a review of the website statistics showed that Virginia accessed the website for downloading dental coverage forms at least three times during the time-frame of the alleged discrimination, but did not try to access the complaint area. The commission determined that Teddy's ability to track employees' website use violated privacy rights, and refused to consider this information. Provide three recommendations to the CEO for a way to ensure that future employees cannot claim "technical issues" for not filing a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law.
Q5. Would Pollard's case be affected if her replacement was female? If so, how? If not, why not? Explain.