Ana Santos is a current employee of iHiker. Ana was born in Cuba and she immigrated to the United States as a child with her parents. Ana is now a naturalized United States citizen. Ana speaks both fluent English and Spanish, but she does have a Spanish accent. Ana has a bachelor's degree in business marketing from Florida State University and worked in advertising for ten years before joining iHiker. Ana has sent an email to Miguel Rodriguez, the general counsel of iHiker, expressing concerns that a male co-worker at iHiker, Chris McClain, has been using derogatory words directed toward her and other female employees of iHiker. In addition, Ana claims that Chris McClain has used derogatory names toward another employee of iHiker who identifies as transgender. Ana has asked Chris McClain stop using the derogatory words, but Chris continues to call Ana and other employees derogatory names.

In your role working as a paralegal or legal assistant for iHiker, draft a memorandum to Miguel Rodriguez, the iHiker general counsel, addressing whether Ana has a potential claim against iHiker under Title VII of the Civil Rights Act. Discuss what steps Ana must take to bring an action under Title VII and whether Chris McClain was acting within the scope of his employment when he used derogatory names against Maria and other employees, and potential damages that Ana could recover. In addition, discuss in the memorandum what steps iHiker can take to increase diversity awareness and limit potential employment law claims in the future.