Burlington Industries V. Ellerth Summary

Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)

In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L.Ed.2d 527 (1967) Case Summary

3) The CEO asks you to review the sexual harassment policy currently in place, which Virginia signed. He wants you to provide him with suggestions for change to it. Review the policy and give three recommendations for changes, enhancements and ideas for making the policy stronger. Include your reason for these suggestions. If you find information online for making these changes, include citations and/or links to that information. Explain how your suggestions may have protected Teddy’s in this case. Support these recommendations with current case law.

Essentially, the case could go in light of the defendant. Despite the fact that Ms. Singleton did not prove that the offending conduct was sufficiently severe or pervasive to alter the conditions of her employment. Generally, we determine whether a work environment is sufficiently hostile by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere insulting statement, and whether it unreasonably interferes with an employee 's work performance. It is established that simple teasing, offhand comments, and isolated incidents will not amount to discriminatory changes in the terms and conditions of employment. Title VII is not intended to serve as a workplace civility code.

Claggett v. Wake Forest University, 126 N.C.App. 602, 610, 486 S.E.2d 443, 447 (1997) (citations and quotations omitted; brackets added).

In the case of Howell v. Enterprise Publishing Co. there are similar defamation claims the the case of Kaelin v. Globe Communications Corporation. On May 9, 2005 James Howell who served as the superintendent of the sewer department for the town of Abington was place on administrative leave. Howell was later eventually fired from the position due to the discovery of inappropriate and unauthorized images owned by the sewer company. After his termination, reporters at The Enterprise Company began covering Howells case for months. Howell later filled suit against the publishing company claiming they defamed him by reporting he was being charged with charges of conflict of interest and fraudulent collection of unemployment benefits and pornography

▪ In which court was the reported case decided? Will the previous decision be treated as

In 1989, Lois Jensen and Patricia S. Kosmach, miners in Northern Minnesota, filed the first ever class action sexual discrimination suit against an employer. The plaintiffs claimed they were the victims of hostile behavior such as: sexual harassment, abusive language, threats, stalking, and intimidation. The women desperately wanted a safe working environment and to be treated with respect. The plaintiffs won the liability trial, the judge ruled that the company could have prevented such a hostile work environment by teaching its employees about sexual harassment. The landmark case improved corporate standards concerning sexual harassment nationwide. This paper will discuss the trial of Lois Jensen and Patricia S. Kosmach versus Eveleth Taconite Co., the harsh treatment and unsafe working conditions they endured, the court’s decision, and how they raised awareness concerning sexual harassment in the workplace.

1. Briefly provide a synopsis of the case and clearly describe the main problem raised in the case. (10 points)

It seems this class has made me realize how tricky the justice system can be. I have been coaxed into reading more and more about the law and realizing that everything is not as black and white as it seems. For this legal research paper I decided to analyze the law concerning pay discrimination. This is a subject dear to my heart, as I believe I witnessed some of this first hand in relation to my wife when she managed a branch of a credit union.

What is at stake in this litigation for the parties in the case and more broadly? (500)

The Second Circuit in its Order vacating the old settlement indicated that there should be separate counsel for the (b)(2) Class and the (b)(3) Class as to any future resolution. . The Second Circuit held that (b)(3) counsel would be incentivized to maximize cash compensation for past harm while (b)(2) Class counsel would strive to address the network rules. . The District Court remedied the structurally inadequate representation by appointing four law firms to separately represent the 23(b)(2) class. . We interpret the restructuring to mean that each class not only needed its own lawyers, but that the settlement terms for each class must stand on their own. . As to any future 23(b)(2) settlement, the Court’s implicit directive is that

Third, we will look at a sexual harassment case. The text book talks about on case, Burlington Industries, Inc. v. Ellerth. The following incidents of boorish and offensive behavior occurred during Ms. Ellerth’s employment ():

The second way states Title VII says employers cannot discriminate with respect to the “conditions” of employment. The company’s definition of sexual harassment is similar to the one that I found in my research on this issue.

The cases of Faragher v. City of Boca Raton and Burlington Industries v. Ellerth are in many ways similar to the case of Ms. Hall and Ms. Ament because it ruled on whether employers would be held responsible for supervisor’s harassment of their subordinates. This