Teddy`s Supply, sexual harrassment hostile environment

Teddy`s Supply, sexual harrassment hostile environment

Scenario Summary  Virginia Pollard worked as a cashier and clerk for Teddy’s
Supplies, a family-owned chain of film production equipment supply
stores in Pennsylvania and New Jersey.  During a routine
performance evaluation, Virginia’s supervisor at Teddy’s complained
that she made too many personal phone calls when she worked in the
West Orange store.  The supervisor noted this on Virginia’s
annual review, and warned her to keep personal calls to a bare
minimum while at work.  Soon thereafter, Teddy transferred
Pollard to guard film equipment in the main warehouse behind the
storefront; Virginia couldn’t make personal calls there, and her
work became exemplary. Her performance evaluation three months
after her transfer was “meeting expectations” with no negative
comments. Virginia Pollard was the only woman working in the warehouse,
and she was often the victim of pranks perpetrated by her six male
colleagues. Her co-workers taped her drawers shut, locked her out
of the guard shack she sat in to watch the inventory, filled the
guard shack with trash, and backed a forklift up to the door and
made it backfire in her ear. One day a Teddy delivery driver sat in
Pollard’s chair and, when she tried to push him out of it, he bent
her over his lap and spanked her. Pollard’s new supervisor, Steve
King, rarely enforced Teddy’s rules against smoking, horseplay,
foul language, and sexual harassment, and often indulged in such
behaviors himself.  Teddy’s had a written sexual harassment
policy which included a method for employees to report sexual
harassment – the method included filing a complaint with the direct
supervisor unless the direct supervisor was the perpetrator. In
that event, the employee was to file the complaint online at
www.ReportTeddysafely.com.  The form for reporting was a one
page document. A copy of the policy which Virginia Pollard signed
is located here.  The policy specifically states, “In the
event of a violation of this policy, employees should report the
violation to their direct supervisor, unless doing so would put the
employee at risk of further discrimination or harassment. In that
case, the employee should report using the company website form
which will submit the incident to Human Resources.” Pollard never filed a complaint with Steve King, her supervisor;
she also did not file a complaint at the website, although she
claimed she told King in July 2008 that she felt she was being
“picked on” by the guys she worked with. She claims Steve King told
her to “grow some balls” and to “get over herself.” She testified
during the NJ Human Rights Commission hearing that she tried to
file an anonymous complaint but the website wasn’t working the day
she tried to do so. In August of 2008, King and the other warehouse workers put a
sign on a truck that read “HARDHAT REQUIRED/BRA OPTIONAL.” King and
another employee called Pollard over to look at the sign and
encouraged her to do as it said. She refused and tried to walk
away. King promised not to report her to management, whereupon she
lifted one side of her shirt in the back and exposed part of her
bra on her backside. Upper management learned of the incident that
October by a co-worker who filed an anonymous complaint
online.  After a brief investigation, Pollard was fired for
exposing her bra. None of the men were disciplined. A man replaced
Pollard in the guard shack. That November, Pollard filed a charge of sex discrimination with
the New Jersey Commission on Human Rights. The Commission found
that Pollard had been the victim of sex discrimination and that
Teddy’s reasons for firing her were pretext, and awarded her back
wages and damages. Teddy’s appealed to the circuit court, including
in their case that Pollard had committed several infractions,
including participating in the spanking incident. They reported
that Pollard had failed to report any sexual harassment and
included a copy of their sexual harassment policy as part of their
defense case. The Circuit Court found that Teddy did have good
reason to discipline Pollard but that firing her was in fact
disparate treatment when compared with the utter lack of discipline
given to King. The circuit court reversed the Commission’s award of
damages because it believed that Teddy had been right to discipline
Pollard, but they ordered Teddy’s to reinstate Pollard to her old
position. Pollard appealed to the New Jersey Court of Appeals and
refused to accept her job back.   Your role in answering the questions: 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.
. 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 that had found that Pollard was the victim of
sexual harassment and disparate treatment. Please answer these
questions:A. 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. . 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. 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
cases that provide precedent support to your defense
statement.) 3. Current scope of sexual harassment policy is too narrow and
is advised for improvements. It seems that the policy needs to be
more imperative and strict. Sometimes it is quite blurred and
therefore is not effective. For example look at: “This policy
prohibits of
any employee by another employee, coworker, supervisor, or vendor.
All employees are entitled to a harassment and discrimination free
environment. The company has a “zero-tolerance” policy with respect
to harassment or discrimination. A safe work environment is the
goal of Teddy’s Supplies.” The new statement should read as
follows; “The company prohibits sexual harassment of its employees
and applicants for employment by any employee, non-employee, or
applicant. Such conduct may result in disciplinary action up to and
including discharge. This policy covers all employees. The company
will not tolerate, condone or allow sexual harassment, whether
engaged in by fellow employees, supervisors, associated, clients or
other non-employee who conduct business with the company.“
Employees who have complaints of sexual harassment should report
such complaints to their supervisor. If this person is the cause of
the offending conduct, the employee may report this matter directly
to Human Resource, Vice president, President, etc. Your complaint
will be promptly and thoroughly investigated. Confidentiality of
reports and investigations of sexual harassment will be maintained
to the greatest extent possible. Any manager, supervisor, or
employee who, after appropriate investigation is found to have
engaged in sexual harassment of another employee will be subject to
disciplinary action, up to and including discharge.
www.elinfonet.com/pickedpol/144.html 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? Explain your answer.

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