...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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...Race and Ethnicity in Childhood Obesity Abstract Many early life risk factors for childhood obesity are more prevalent among blacks and Hispanics than among whites and may explain the higher prevalence of obesity among racial/ethnic minority children. Eliminating racial/ethnic disparities in health and health care is a national priority, and obesity is a prime target. During the last 30 years in the United States, the prevalence of obesity among children has dramatically increased, sparing no age group. Obesity in childhood is associated with adverse cardio-metabolic outcomes such as hypertension, hyperlipidemia, and type II diabetes and with other long-term adverse outcomes, including both physical and psychosocial consequences. By the preschool years, racial/ethnic disparities in obesity prevalence are already present, suggesting that disparities in childhood obesity prevalence have their origins in the earliest stages of life. Several risk factors during pregnancy are associated with increased risk of offspring obesity, including excessive maternal gestational weight gain, gestational diabetes, and smoking during pregnancy, antenatal depression, and biological stress. During infancy and early childhood, rapid infant weight gain, infant feeding practices, sleep duration, child’s diet, physical activity, and sedentary practices are associated with the development of obesity. Studies have found substantial racial/ethnic differences in many of these early life risk factors...
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...INTRODUCTION You have asked me to advise you on the facts of the case, and in my opinion of Teddy’s Supplies’ potential liability. This memorandum I will advise whether the company is exposed to liability on all issues I feel are in play. Additionally, in preparation for the case, I have researched related statutes and include precedential cases either for or against Teddy’s case which impact liability. In my opinion, I shall include the “worst case” of damages the company may have to pay Virginia. Statement of Facts Ms. Virginia Pollard was employed as a cashier and clerk for Teddy’s Supplies store in West Orange, New Jersey. She was sexually harassed (according to the company’s sexual harassment policy) during her assignment at the main warehouse where she was the only female employee. The following actions by Pollard’s male counterparts at the warehouse constitute employment discrimination under Title VII of the Civil Rights Act of 1964: I. Playing regular pranks on Pollard while on the job, including, II. Taping her drawer shut III. Filling her work station with trash IV. Backing a forklift up to the door and causing it to backfire in Pollard’s ears. It is important to note that, Virginia’s performance was satisfactory as she was clearly meeting expectations and received no negative commentary from her supervisor during this particular period wherein she faced employment discrimination. Eventually, Pollard was fired when she lifted one side of her shirt...
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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 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) This memo is in regards to the decision to settle the sexual harassment case with Mrs. Pollard. In reviewing the case, we have identified many areas in which Teddy’s is liable for a sexual harassment case. First, as the only woman in the warehouse, she was the victim of pranks by her male co-workers. These pranks included: taping her drawers closed, locking her out of the guard shack, filling the guard shack with garbage, backing a forklift up to the door and causing it to backfire in her ear. This qualifies as harassment as defined by the U.S Equal Opportunity Commission (EEOC). The EEOC identifies offensive conduct of harassment as “offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”( http://www.eeoc.gov/laws/practices/harassment.cfm). The above actions committed by the...
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...A. Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes. Quid pro quo- In legal usage, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. For example, under the common law, a binding contract must involve consideration: that is, the exchange of something of value for something else of economic value. If the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did actually exist and the contract may be void by law. Hostile environment harassment- employment discrimination consisting of unwelcome verbal or physical conduct (as comments, jokes, or acts) relating to the victim's constitutionally or statutorily protected classification (as race, religion, ethnic origin, or age) that has the effect of substantially interfering with a person's work performance or of creating a hostile work environment. Pollard was a victim of hostile environment harassment. In the case Gallagher v. C.H. Robinson, even though members of both sexes were exposed to the offensive conduct in the Cleveland office, considering the nature of the patently degrading and anti-female nature of the harassment, it stands to reason that women would suffer, as a result of the exposure...
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...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 ear. B. Pollard was taunted by her coworkers and one of Teddy’s drivers. The driver was sitting in her chair and she asked him to get up. When he refused, she tried to forcibly push him out of the chair and as she did this, he grabbed her, turned her over his knee and then spanked her. This is sexual harassment die to the fact that Pollard in no way showed signs of sexual arousement toward the driver that would encourage or provoke him to spank her. C. Steve King, Pollard’s supervisor in...
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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. Ms. Pollard was involuntarily transferred to a different environment, working in a warehouse surrounded by all men. Although she was transferred because she needed to be in an environment in which she would not be making so many personal calls, she never asked to be relocated to the warehouse. Being that Ms. Pollard could not report the events to her direct supervisor because he was involved in the incidents, she attempted to file an anonymous complaint online but the website was not working. Teddy’s needs to ensure that their website is working properly at all times in order to avoid this type of situation. The case states that Ms. Pollard’s supervisor (Steve King) rarely enforced any of Teddy’s rules to include smoking, horseplay, foul language and sexual harassment. This does not vie well for Teddy’s because he is already known for being a lenient boss. It does not mention that Steve King’s supervisor ever had a conversation with him regarding...
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...Administrative Agency: Ohio Bureau of Workers’ Compensation The state administrative agency is the Ohio Bureau of Workers’ Compensation. This agency interests me because I am working towards my Master’s in Human Resources. The proposed regulation will not directly affect me or the business I am working. The company I work for already has an employee wellness program in place and is not state funded. Because the program already exists, a workplace wellness grant is not needed nor warranted from the bureau. The workplace wellness grant program proposal is to help mitigate and prevent health risk factors. Preventing and or decreasing health risk factors cuts down health costs verses waiting for an illness to appear and then treating the illness. The proposal is to provide employers with grants to fund a wellness program in order to decrease the amount of workplace injuries and illnesses. The grants will be awarded to state fund employers on a first come first serve basis. In order for the employer to be eligible, they must be up to date on all premiums, fines, assessments and administrative costs. The employer must maintain active state fund coverage in order to remain eligible. If an employer already has a wellness program in place, they are not eligible. My comment is that a workplace wellness program for state funded businesses would be very beneficial to the community. The proposed rule, 4123-17-56.1 - Workplace wellness grant program rule, will agreeably decrease costs associated...
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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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...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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...American director Martin Scorsese is an elaborate labyrinth of a film. It's ever changing plot line and deeply emotional scenes make it compulsory viewing for any avid film goer. Scorsese has constructed this intricately woven film by using various film techniques the most significant of which is symbols. In the film symbols are used to present many different ideas to the audience. Scorsese who is a modern film icon constantly uses symbolism throughout his films to convey subtle ideas to the audience without them knowing. Three different motifs or symbols are used in the film to achieve this result. Water is firstly used to present the idea reality or truth; while fire is used to represent the idea of Teddy's' fantasy. ward "C" is used the film is used to represent the idea of Teddy's mental instability to the audience. These symbols are used throughout the film but primarily in three, firstly water in the opening scene. Fire is used in the scene where Teddy supposedly finds Solando and Ward C in the scene where Teddy is exploring the anoles to find Laeddis' cell. These symbols in combination create a very profound cinematic involvement for the audience and makes Shutter Island, a modern classic. The story begins on a steamboat heading towards the ominously secluded Ashecliffe mental hospital off the Boston, Massachusetts shore in 1954. On the boat the protagonist, a US Marshall Teddy Daniels and his new partner Chuck. The hospital is not just an asylum however, it is actually...
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...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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...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. [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...
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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. 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: Dear Mr. Moore, After extended further research & study on this case, I would have to say that Teddy's Supplies is reliable for workplace and sexual harassment against Virginia Pollard. The environment that Ms. Virginia Pollard was placed in was indeed a "hostile" environment under the supervision of Steve King. When there is one female working in an environment with all males the CEO is to make sure that the woman is treated fairly. Even though Virginia participated in sexual harassment situations upper level management never reported or did anything to stop those things from going on. If the harassment did not lead to a tangible employment action then the employer is liable unless 1. it exercised with reasonable care to prevent & promptly correct any form of harassment or 2. the employee unreasonably failed to complain to management or to avoid harm. Laws that apply to this are 1. Workplace harassment is any unwelcome or unwanted conduct that shows hostility or an aversion toward another person on...
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...working in the warehouse. The harassments included filling the guard shack with trash, backing in a forklift up to the door and making it backfire in her ear, tapping her drawers shut, 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...
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