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Liab Ility

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Submitted By manna056
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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. 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) Memo To: Ted Moore, CEO T eddy’s Supplies From: Independent HR Consultant RE: Appeal on Pollard Case This purpose of this memo is to respond to your request for the facts of the case regarding the alleged sexual harassment of
Virginia Pollard and the potential liability that Teddy’ s could be facing. More specifically, I feel you should know specifically which liabilities you are exposed to, the likelihood of being found liable, and the “worst case” scenario of the damages that may be awarded to Ms. Pollard. She may argue that there was a violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace this, could also include Ms. Pollard stating that it was a hostile environment workplace. This is defined as discrimination in the form of unwelcome verbal and/or physical conduct related to her constitutionally protected classification. To support this position Ms. Pollard could invoke case Faragaher v. City of Boca
Raton where the court found that “..the supervisor’s “were granted virtually unchecked authority” over subordinates …” (Faragher v. City of Boca Raton (97
-282) 524 U.S. 775 (1998)).
Teddy’s is liable for the conduct of its employees.
Mr. King created a hostile work environment around Ms. Pollard which included elements of sexual harassment. This would include any pranks she was the victim of in the warehouse and the sign posted on a truck that read “HARDHAT REQUIRED/BRA OPTIONAL.” Mr
. King created an environment where Ms. Pollard could be uncomfortable. The sexual harassment policy in place at Teddy’s was violated by Pollards supervisor, Mr. King and his subordinates. This policy stated that the workplace will have “zero
-
tolerance” regarding a safe work environment and that all types of harassing behavior will not be tolerated. This behavior was overlooked at the time of Ms. Pollards firing and management. The sexual harassment at hand includes Mr. King making Ms. Pollard feel pressured to show her bra, the spanking incident, and
Mr. King dismissing Ms. Pollard’s comment that she felt she was being picked on by the other employees. Even though she did not file a complaint, the events occurred and Teddy’s is liable for the actions of Mr. King and his subordinates. All damages associated with these liabilities consist of monetary payments to Ms. Pollard along with a letter of apology from each person who offended Ms. Pollard as well as a letter of apolog

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