You Decide Week 6

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: | | Mr. Moore, As per your request as to whether Teddy’s Supplies is potentially liable for the harassment charges the answer is “Yes”. Your company is liable for the conduct of your employees. You have a sexual harassment policy in place that was violated. Your employees created a hostile work environment that is clearly stated that “zero-tolerance” will be in place to keep a safe work environment. You also stated in your policy that harassing behavior is prohibited and banned. Although Ms. Pollard never filed a complaint but did mention she was being picked on. Mr. King was way out of line posting a sign that reads “HARDHAT REQUIRED/BRA OPTIONAL”. This type of behavior from management calls for serious reprimanding. Mr. King was quoted telling Ms. Pollard that she needs to “grow some balls” and “get over herself” when she told Mr. King she felt she was being picked on. These are all very serious allegations. Not to mention the truck incident or the slapping her backside incident. You have some stiff charges against the company. The worst case scenario for damages would be monetary and an apology from everyone who offended Ms. Pollard. Ms. Pollard’s attorneys could ask for amounts in the thousands. At least $100,000.00 in damages. | | | | Comments: | Your memo went into some detail regarding the liability of Teddy's Phyllis. Kudos! However, a full credit response would include case law as required in the question to support your opinion. | | |