Sample Memo- Law School

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MEMORANDUM TO: Managing Partner FROM: Ali Salameh RE: Memo 2; Garden State Tutoring Title VII Issue QUESTION PRESENTED Can Courtney Harrison establish a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964 based on her supervisor Bill Drayton’s conduct of subjecting her to view and discuss photos of nude women while in his office, and emailing her such photos with suggestive comments? BRIEF ANSWER Probably yes. Hostile work environment sexual harassment is a prohibited form of sexual discrimination under Title VII. Courtney Harrison (Courtney) will likely have a claim of hostile work environment sexual harassment when applying the Third Circuit test: (1) intentional discrimination because of sex; (2) discrimination was severe or pervasive; (3) discrimination detrimentally affected the plaintiff; (4) a reasonable person would find the work environment as hostile; and (5) the existence of respondeat superior liability. Bill Drayton (Bill) intentionally discriminated against Courtney’s sex when she was subjected to photos, questions, and comments regarding nude women. The discrimination was pervasive; Courtney was subjected five times a week to Bill’s conduct for ten months. The discrimination detrimentally affected her work performance when she sought medical leave. A reasonable woman could find Bill’s conduct to produce a hostile work environment. The fifth prong depends on the actions taken hereinafter by employer Garden State Tutoring (GST) and is not at issue now. FACTS The client, GST, is a company that falls within the requirements of Title VII because it has more than the requisite number of employees. Courtney recently spoke to president Frances Black (Frances) about several incidents with respect to her supervisor Bill during the past ten months. Bill hired Courtney as a tutor for GST a year and a half

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