Newscorp Legal Scenario Analysis

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NewsCorp Legal Scenarios Ahmed Elmogahzy LAW 531 3/4/2013 Noel Woodward NewsCorp Legal Scenarios Legal Scenario 1 In the first scenario we are faced with a couple of factors that could determine whether or not Pat has a case against our company. The first determining factor is that Pat was an at-will employee of ours, and was aware of this agreement. It is important to note that we do, in fact, have a signed document to prove this understanding. Secondly, regardless of the document, the state of Vermont is an employment-at-will state, meaning that its employees, unless specifically stated, can leave their employment, or be terminated, without any reason. The only exceptions to this doctrine occur under circumstances that include;…show more content…
In order for us to determine our liability, should Paula sue for discrimination, we need to understand what the courts consider a hostile working environment, and determine if Sam has, in fact, created one. According to the U.S. Supreme Court, the frequency of the discriminatory conduct, the severity of the conduct, which includes whether it was physically threatening or humiliating, and whether or not the actions unreasonably interfere with the employee’s job performance, are all factors that determine if a hostile work environment exists (Cheeseman, 2010). The first factor to consider is that Paula and Sam had a sexual relationship that Paula ended. While there is no law prohibiting such a relationship it can be considered motive for Sam’s behavior. Secondly, it is Paula’s indication that Sam started exhibiting unwanted behaviors after the break up. In order to understand if these behaviors created a hostile environment we must determine what these unwanted behaviors were and if they were actually occurring or not. Thirdly, Sam claimed that Paula’s work was suffering due to lack of interest. We must determine, in fact, if Paula’s work performance was suffering. If it was indeed suffering then we must determine why it was suffering. In order to determine the facts of this case I would recommend that both Paula and Sam are suspended, with pay, in order to conduct an investigation. If it is determined that Paula’s allegations of unwanted sexual behaviors is true, that it was motivated by inappropriate supervisory relationship, and it affected her job performance, than a hostile work environment was created and we are in violation of Title VII. In the case of Sam blocking Paula’s transfer to another department, “because she may get pregnant”, we can be held liable under the Pregnancy Discrimination Act of 1978, which forbids discrimination in employment based on

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