Assignment:
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 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 your opinion of the "worst case" of damages the company may have to pay to Virginia.
2. The Circuit Court overturned the decision of the NJ Human Rights Commission which had found that Pollard was the victim of Sexual Harassment and disparate treatment. Please answer these questions:
A. Define sexual harassment, including both quid pro quo and hostile environment harassment. Which type(s) do you feel Pollard was a victim of (if either.) Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position.
B. Name an appellate court case where an employer was found liable for either quid pro quo or hostile environment sexual harassment. Describe the facts of the case, and the decision the court came to in the case. Explain whether you think that case applies to Pollard's case (why or why not) and whether you would want to use this case in Teddy's favor or whether Pollard may use it in her favor. Include the citation to the case and a link to it online.
C. Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment.
D. Does the existence of a sexual harassment policy provide a defense to Teddy's in this case? Why or why not? (Include the name and citation of at least two federal or state sexual harassment case(s) which provide precedential support to your defense statement.
3. Review the sexual harassment policy which Teddy's has in place and which Virginia Pollard signed. Virginia Pollard claims she had planned to make an anonymous complaint but the website allowing that was down on the day she tried to do so. During the Human Rights Commission case, a review of the website statistics shows that Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination. The commission determined that this ability of Teddy's to track employees' use of the site was a violation of their anonymity and therefore, refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future can not claim "technical issues" for why they didn't make 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.
4. How would Pollard's case be impacted if her replacement had been a female? Would her case be different? Would her damages be different?