Please respond to each question set in the order in which it appears below, inserting the number of the question set as a heading or in the first line of the responses to that set.
Background Facts
AZAP, a tech company founded, owned, and operated by Kyle, Mark, Sasha and Serge, four guys who grew up together, has been successful in its efforts to expand (it’s up to 25 employees) and diversify its workforce. Serge, who now carries the additional title of HR Director, has worked hard to recruit women and non-White applicants and believes that the company is much better positioned to get federal contracts.
Serge is also proud of his newly drafted AZAP code of conduct, which incorporates some language that he found online about civility in the workplace. While it’s not very detailed, he figures that since all complaints must be presented to him, he’ll be able to flesh it out as he goes along. As soon as the other guys have had time to review it, he plans to post the code somewhere.
But now Serge has some new issues to deal with. Gina, one of the recent female hires, has been complaining that Kyle yells at employees during team meetings, which she finds intimidating. Serge has told her that Kyle means no harm, but just gets a little carried away from time to time. Today she told Serge that when she and a coworker, Ted, met with Kyle yesterday, he was not only impatient and dismissive, but when Gina and Ted tried to explain the contents of a report they had just printed for him, Kyle tore it out of Ted’s hands, crumpled it in a ball, and threw it at them across the table. Serge, who had an important meeting to attend, told Gina that he’d get back to her.
On another front, some employees have told Serge that Don, a really important client, is being incredibly rude to Hassan, an AZAP engineer who is a Muslim of Iranian extraction. During meetings related to one of Hassan’s projects, Don routinely insults Hassan’s religion and makes disparaging remarks about Iran. The employees report that Don not only snubs Hassan, but actually turns his chair around so that it faces away from Hassan. Don apparently also does things like try to trip Hassan; push papers out of his reach; and on one occasion, he has jumped up and shoved Hassan out of the way so that Don could get to the espresso machine first. This news has given Serge an incredible headache. AZAP and Don are on the brink of signing a very lucrative contract and, since Hassan hasn’t complained, Serge would like to just leave things alone and hope that the contract gets signed.
Meanwhile there’s another problem that Kyle just found out about today. Apparently, Mario, an AZAP team leader, and Katy, an employee on his team, had a brief affair 6 months ago. Their work romance was sparked during the long nights they worked together on a big project (24/7 schedules are a fact of life at AZAP). Katy quickly concluded that their fling was a big mistake and told Mario that it was over almost right away. But Mario didn’t feel the same way and has been badgering Katy to hang out with him. Worse, whenever they encounter one another at work, he tries to make some kind of physical contact, often cornering her when no one is around and trying to caress or kiss her. And, most recently, he’s been texting Katy constantly, sending messages about how much he loves her and, in one case, sending her a nude picture that he took of her during their fling. Totally stressed out, Katy handed Kyle her resignation this afternoon, briefly recapping the 6 months for him. As she was leaving, Katy said that she was on her way to the EEOC to file a sexual harassment charge against AZAP.
QUESTION SET ONE
Analyze whether Gina has a claim against AZAP based on Kyle’s conduct. Your analysis should include responses to the following:
- If you believe that Gina may have a claim, identify the claim and the law upon which it could be based, identify the elements of the claim, and explain to what extent she could establish each element.
- If you believe that Gina would not have a claim, explain your analysis in detail.
- If additional information would be helpful to your analysis, explain how and why it would impact your analysis.
- What, if any, course of action should AZAP take in connection with Gina’s complaints?
QUESTION SET TWO
Analyze whether Hassan has a claim against AZAP based on Don’s conduct. Your analysis should include responses to the following subquestions:
- If you believe that Hassan may have a claim, identify that claim and the law upon which it could be based, discuss the elements of the claim, and explain to what extent he could establish each element.
- If you believe that he would not have a claim, explain your analysis in detail.
- If additional information would be helpful to your analysis, explain how and why it would impact your analysis.
- What, if any, course of action should AZAP take in connection with Don’s reported conduct?
QUESTION SET THREE
Analyze whether Katy has a Title VII tangible action or hostile environment (or both) sexual harassment claim against AZAP based on Mario’s conduct. Your analysis should include responses to the following:
- If you believe that Katy may have a claim, identify that claim and the law upon which it could be based, discuss the elements of the claim, and explain to what extent she could establish each element. To receive points for this part of the question, you must reference a case in the course reading in which a similar Title VII claim was analyzed, providing the full name of the case and the page(s) on which it appears in the textbook.
- If you believe that Katy would not have a claim, explain your analysis in detail. To receive points for this part of the question, you must reference a case in the course reading in which a similar Title VII claim was analyzed, providing the full name of the case and the page(s) on which it appears in the textbook.
- If additional information would be helpful to your analysis, explain how and why it would impact your analysis.
- What, if any, course of action should AZAP take in connection with Katy’s complaints and resignation?
QUESTION SET FOUR
Please assume for purposes of this question set that Katy can establish a prima facie case of Title VII sexual harassment against AZAP; that after exhausting her EEOC process, she got a right-to-sue letter; and that she has timely filed a Title VII sexual harassment lawsuit against AZAP.
Using the IRAC approach, analyze whether AZAP will be able to establish the affirmative defense discussed in the course reading. Your analysis should include responses to the following:
- Identify the affirmative defense.
- Analyze the rule or test that courts use to analyze that defense. To receive points for this part of the question, you must reference a case in the Lesson 6 course reading in which the rule was applied to the affirmative defense, providing the full name of the case and the pages on which it appears in the textbook.
- Third, discuss how the court applied the rule to the salient or most important facts in that case (the court’s analysis).
- Finally, analyze our fact pattern, i.e., apply the rule to our fact pattern and describe the conclusion that you anticipate a court would reach on the affirmative defense on the law and our facts.
- If additional information would be helpful to your analysis, explain how and why it would impact the analysis.
