Develop an analysis with management tips for each of the assignment cases. At least two outside sources other than the textbook must be cited. A file containing your submission should be submitted via Turn-it-in.
Myrna, a waitress, complains to her boss that, Simon, a frequent patron of the restaurant, has been engaging in what she considers to be sexually harassing behavior. Myrna details Simon’s activities to her boss, requests that Simon be asked to stop, and that she not be required to wait on him in the future. Myrna’s boss, Stuart, the restaurant owner, says he will look into the matter. Not wishing to upset one of his best customers, Stuart puts the matter off for a few weeks, and when he eventually does get around to dealing with it, he tells Simon only that he should go a little easier on Myrna. Stuart does nothing about Myrna’s request to be relieved of any obligation to wait on Simon.
DIRECTIONS: CASE ANSWER AND TIP TO COMPLETING THE ASSIGNMENT
The minimum page length for your submissions (Turnitin) is four pages for the analysis and management tips combined, and the submission may not exceed six pages. A one-inch margin on all sides is to be used, and double spacing should be used for all lines except where block quotes dictate otherwise per APA. I don’t grade on volume, but I do grade on thoroughness. Examining a case from the plaintiff’s perspective and then from the defendant’s perspective can demonstrate your understanding of the issues and how the law applies based on assumptions from each side. I am not seeking and do not want a recount of the case presented. I am looking for you to demonstrate your understanding of the legal concepts by applying them to the information provided. Assumptions must be made due to the limited information given, but you should state your assumptions in the analysis.
Using outside cases is a great way to bolster your analysis and must be done for each case being analyzed. By researching similar cases and incorporating them into your analysis, you provide substantial support for your arguments. When including outside cases, you need to provide a brief overview of the case as well as the ruling and tie it back to the case you are analyzing. If you have a harassment case, you should locate a couple of similar cases and report information from them. You would then state that based on those cases, you can conclude that this case would most likely result in a similar ruling and tell what that might be. You must use the actual cases and not articles written about cases. Westlaw in the University’s online library databases is a great source for federal cases.
For management tips, I’m look for you to provide a narrative of how you would deal with the issue presented and prevent similar issues in the future. You can use outside sources for advice on dealing with similar issues.
Graduate work is almost always like writing a research paper. Citing published sources gives credibility to your recommendations and is a requirement. This is not about your opinion but is about applying facts learned through your research.
Postings to discussion board questions and lesson cases should use the following format and thoroughness:
Analysis – present the legal arguments related to the question. This should be very thorough. Make sure to include the analysis elements listed below as well as citations for the legal concepts used.
Management tips – provide management with advice on how to correct the current situation and/or how to prevent such a situation in the future. Well developed recommendations with specificity should be provided.
References – at least two per answer other than your book. You may use your book, but it does not count as one of your two references. Wikipedia and my class notes are not acceptable references. Please refer to the APA Manual for assistance. A link to APA information may be found under Learning Resources.
Please clearly label each section.
The online databases made available through the University Library are a great resource. Westlaw is a great resource for court cases while Academic Search Premier is very good for full-length articles.To provide a better understanding of my grading policies, a grading rubric has been posted under the Syllabus link. Also, please use primary sources when possible. This means using the actual court case documents and not articles written about cases when possible.
Is the organization private or public?
If private employment, at will applies…unless there is an implied contact such as a policy, a company handbook, written agreement or verbal agreement (must provide witnesses/proof that it existed); if public then due process applies and the person has the right to appeal the decision
What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., — in some cases more than one law will apply)
Is there a minimum number of employees required by the law(s)? For Civil Rights Act it is least 15 employees for private employers
Does a statute of limitations apply for this law or laws? For the Civil Rights act it is 180 days
What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-What is the evidence to support it? If evidence for more than one, which would be best to file under? Explain in detail using the burdens of proof analysis.
What questions or information do you need to know to decide the case one way or another?
Legal Concepts to Consider
Prima facie case
Legitimate reason/Bona Fide Occupational Qualification (BFOQ) for action/same actor defense/slap in the face qualifications defense;
Pretext/bias comments/unequal treatment(Similarly situated; by same decision maker-if not may not count); lying; pretext plus; significantly better qualifications; timing of adverse action
Adverse impact calculated by job; isolate practice
Firm shows business necessity, job relatedness or manifest relationship
A less discriminatory alternative does exist
Discriminatory motives played role in the decision however minor
Employer must show would have made the same decision anyway absence the discriminatory element
Charging party must them refute the evidence and show pretext; this may be shown by circumstantial evidenc