Business Law Question

Instructions

Print out race/color or national origin discrimination case th
at occurred in past year and break down the case by following the resources given below (use eeoc.gov or HR Dive as sources for cases).

Employment Law and Legislative Compliance

Bring Your Own Case (15 pts)

Student Name:

Date:

Case Name/ Jurisdiction:

Summary of Facts:

Cause of Action:

Plaintiff’s Elements + Supporting Facts:

2. X

X

3. X, etc…..

Employer’s Possible Defenses:

Thoughts/ Comments:

sample :

Employment Law and Legislative ComplianceBring Your Own Case (15 pts)

Student Name: Stephanie Sipe

Date: April 7, 2020

Case Name: Ellison v. Brady, 924 F. 2d 872 (9th Cir, 1991)[you can find this on p. 467 of the textbook]

Summary of Facts: Ellison, a revenue agent for the IRS, brought a sexual harassment suit because a co-worker, Gray, she barely knew sent her multiple letters of a personal nature.She reported his behavior to her supervisor, who instructed Gray to not contact Ellison again.Gray transferred to another office for several months and then asked to be transferred back.When Ellison heard of Gray’s request to transfer, she became frantic and file a formal sexual harassment complaint with the IRS.

Cause of Action: Hostile Environment Sexual Harassment

Plaintiff’s Elements:

1. Unwanted Physical or Verbal Conduct of a Sexual Nature:Gray sent Ellison multiple letters about his obsession with her, he followed her, and he repeatedly attempted to initiated a relationship with her. Ellison found Gray’s actions to be “weird”, “crazy”, “nuts” and was frightened by his actions.

2.Actions are Severe of Pervasive:Gray’s actions were pervasive because they happened on a regular basis for several weeks.

3.Actions Create an Intimidating or Hostile Work Environment:Ellison avoided Gray at lunch time; she left the building to get away from him; she reported his actions to her supervisor.

4.Actions Interfered with Plaintiff’s ability to work:See facts above.

5.Employer Knew or Should have known:Ellison reported Gray’s actions to her supervisor.

6.Employer failed to stop behaviors:Gray was told many times to stop contacting Ellison but he continued to contact her for weeks.

Employer’s Possible Defenses:Policy, Procedure, Prompt Remedial Action

Comments: Apparently the IRS had a policy against sexual harassment, and Ellison’s supervisor made minimal efforts to get Gray to stop his behaviors once Ellison reported him, but the behaviors were allowed to continue for weeks.Therefore the IRS failed to engage in Prompt Remedial Action.