Preview

Ceo Liability Brief

Good Essays
Open Document
Open Document
2919 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ceo Liability Brief
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)

Dear Sir,

I believe that our company stands to lose a lot as a result of a successful suit against us by Ms. Pollard. We have reason to believe that if these actions are taken to court, we will find it difficult to deny the allegations and defend ourselves in the lawsuit. Harassment is defined as a punishable offense, and is inappropriate and illegal for company workers, both management and the labor force, to participate in any behavior which is deemed harassing, threatening, demeaning or uncomfortable by the person who is claiming harassment. According to the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA), and the evidence presented by Ms. Pollard, our workers and management have clearly participated in violations of those orders. A simple defense on our part is to claim that there was no hostile work environment created, and that these incidents were few and far between, however, according to the law petty slights, annoyances and isolated incidents will not rise to the level of illegality, but I believe the amount of abuse that Ms. Pollard has taken, and can prove against us, is clearly enough to reasonably see how she can claim a hostile work environment. The fact that Ms. Pollard may have been 'easy' with some of the other gentlemen or inviting in some other ways does not mean that she has no case. She has voiced her disapproval of her treatment on many occasions and has made

You May Also Find These Documents Helpful

  • Good Essays

    Gm520 Es Essay Example

    • 638 Words
    • 3 Pages

    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.…

    • 638 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Hrm593 Week 3 Assignment

    • 967 Words
    • 4 Pages

    * Based upon the scenario, does the employee have a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is the likely outcome?…

    • 967 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    MGMT 520 week 6

    • 1759 Words
    • 5 Pages

    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.…

    • 1759 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Mgmt 520 Week 5 Assignment

    • 1552 Words
    • 7 Pages

    Based on the given facts, she was the subject of jokes in her work place as she was being picked on based on her gender. Since she was the only woman in her department, the male employees subject her to cruel and mean jokes on several occasion when other workers placed a sign on a truck that stated "Hardhat Required/Bra Optional”. This is clearly an illustration that she is working in a hostile environment since the repeated jokes made on her gender has created an intimidating place of work. The case of Meritor Savings Bank v. Vinson is applicable to Pollard where the Supreme Court ruled that hostile work environment sex discrimination is an actionable wrong under Title VII. The fact that the Vice President of the bank made sexual advances against complainant created a hostile work environment and is a form of a sexual harassment covered by Title VII of the Civil Rights Act of 1964. The severe and pervasive conduct of the vice president who repeated sexually abused on the victim in exchange for sexual favors at the office qualify the acts as punishable under Title VII. Here, the acts of the Teddy’s workers against Pollard constitute Hostile Work Environment (HWE) sexual harassment through the vulgar sexual jokes and…

    • 1552 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Bsbwor501 Unit 2

    • 1220 Words
    • 5 Pages

    It is possible that 1995 Automobile Corporation could get sued by the 2 female employees if it is proven that they were aware of the harassment occurrence. 1995 Auto Corporation is also liable for hiring the harassing individual on grounds of being unfit for the job at hand (due to the existing circumstances), yet still kept in the supervisory position. At this time, the EEOC will notify 1995 Auto Corporation with the name & contact info of the investigator assigned to your case. If there is a possibility that the case be resolved through mediation and settlement, this would be advantageous for the company. Litigation is defined as legal proceeding brought to a court room (EEOC, 2003). With this being said, it is obvious that this can be time and money consuming; deposition, subpoenas, preparing exhibits, interviewing witnesses must be done before just to prepare (also, if any pretrial motions arise, the case could go on indefinitely). On the other hand, mediation (if the victims agree to participate) can be reached outside of a courtroom (which is a plus for keeping the brand name of 1995 Auto Corporation in tact) in a private, relaxed setting. Here, the process may take some time and energy, but the results are gratifying…

    • 1220 Words
    • 5 Pages
    Better Essays
  • Good Essays

    This case and others like it have affected businesses awareness over the years. Companies have taken sexual harassment in the workplace as a zero tolerance policy. In the case that the harassment does not affect the company it does affect employees and the work environment which can affect employee productivity. Problems that can arise from sexual harassment in the workplace are if the person being harassed does not report the violation and continues to let the harassment take…

    • 649 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Civil Rights Act of 1964, Title VII, forbids “an employer to … discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex.” Civil Rights Act, 1964. In Meritor Savings Bank v. Vinson, the court held that “a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment.” Meritor Savings Bank v. Vinson (US 1986). A hostile work environment is created when the environment at work creates anxiety so severe as to result in an alteration of the terms and conditions of employment. Hailey Course Pack, p. 140. The burden to prove such an environment was created rests on the plaintiff. The plaintiff must prove that they belong to a protected class; were subject to unwelcomed harassment; the harassment is based on sex, meaning it is not happening to members of the opposite sex; and the harassment alters the conditions of employment. Hailey Course Pack, p. 140. In this case, the court will evaluate whether Black has sufficient evidence to prove her claim of a hostile work environment.…

    • 1852 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    | Dear Mr. Moore, After reviewing this case, I can state that Teddy’s Supplies is definitely liable for the workplace and sexual harassment against Virginia Pollard. According to the facts, it’s indicated that Ms. Pollard (plaintiff) was placed in a ‘hostile’ environment and Mr. Steve King was her supervisor. Although it is not illegal for 1 woman to work with a group of men, it should be carefully determined by the employer if the environment is suitable for males and females to work together. In this case, it was not a good idea for 1 woman to work with male associates. • Workplace environment can by justified by 7 ways: race, gender, national origin, religious, color, age and disability. In this case, Pollard was constantly being harassed by her male colleagues. They played pranks on her by locking her drawers shut, filling the guard shack with trash, locking her out of the guard shack and therefore she was not able to perform her job duty since she was responsible for watching warehouse inventory. Also, Ms. Pollard was put into unnecessary risk of harm when a coworker backed a forklift up to the guard shack and it backfire into her ear. Ms. Pollard could have sustained injuries if the forklift had hit her because it weighted 3 tons and it could have easily injured her eardrums because it is very loud.…

    • 2218 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    2. Is community service a sufficient punishment for the corporation? 1. Teddy's Supplies' CEO has asked you to advise him on the facts of the…

    • 1872 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    The company should come up with strict policies of sexual harassment that is within the law. These laws should be applied to everyone regardless of their position if they are found liable for the offence. This would create an environment where people respect the privacy of others as enshrine in the bill of right. It also promotes fairness because no able would feel that he/she is above the law. This will send a strong signal to any employee on the seriousness of the case.…

    • 3064 Words
    • 13 Pages
    Better Essays
  • Good Essays

    Local Lawsuit

    • 838 Words
    • 4 Pages

    2. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit.…

    • 838 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Pre structured project

    • 638 Words
    • 4 Pages

    Your task is to address the following questions in a brief memo to the legal team:…

    • 638 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Gm520 You Decide

    • 2973 Words
    • 12 Pages

    In response to the request on potential liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard 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.…

    • 2973 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    case study

    • 812 Words
    • 9 Pages

    Qe> CENGAGE LearningAustralia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States…

    • 812 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    In my opinion, what is known as sexual harassment was not as popular a decade ago. Today, I feel that the line of intended hospitality and sexual harassment is extremely thin. People must filter what they say, how they say things, and how they may innocently touch the shoulder of their fellow employees, rather male or female. Based on the facts in the Sander’s verses Madison Square Garden (MSG) case, I believe that MSG could not have prevented themselves from liability, according to the Employers Liability for Employee’s Act which states, “employers are liable for the criminal conduct of their employee’s” (smallbusiness.findlaw.com). According to Principles of Management, the author insists, “top managers are responsible for monitoring their business environment” (Williams 8). It does not even matter if top management does not know what is going on, they will still be held responsible for their employee’s conduct.…

    • 697 Words
    • 2 Pages
    Good Essays