Based off the readings below: What questions could i ask the character "Mike Manley" during the Discovery Requests

Case Study:

Giselle Girly has been employed as an international sales representative for Manley Men Lumber Products (MMLP) since 1995. MMLP is a large company (500 plus employees) who manufactures pre-fabricated building kits that are assembled onsite, such as small log cabins and outdoor workshops. MMLP's headquarters are in San Francisco, California, and it is a California corporation. MMLP sells the kits wholesale to retail distributors such as outdoor and sporting centers, as well as home improvement retailers. MMLP has a healthy overseas market in many places, particularly in Scandinavian countries and in North America (Canada). Girly started working at MMLP as an administrative secretary for the company president, Henry (Hank) Heman, and worked her way up to her current position very quickly. Girly is the only female out of 20 international sales representatives at MMLP. Girly's sales have been in decline over the past two years, particularly after she was reassigned over her objection to the Japanese-Asian market, where sales representatives are typically men. Girly was informed of this transfer in an memorandum she received from Mike Manley, a more senior sales representative at the company. Girly had been in the top 25% of sales reps in the Northern Europe region (Denmark, Norway, Sweden, Ireland), but now ranks in the bottom third.

The MMLP sales staff is a boisterous group, who hold quarterly week long meetings in various convention spots around the globe, such as Las Vegas, Amsterdam, and New York. Typically, after sales meetings conclude for the day, Heman and the "boys," as he calls them, go out for a night on the town, where sales talk continues. (Heman has repeatedly reminded Girly that he considers her "one of the boys.") At the concluding banquet for the last sales meeting, the banner over the podium read "What happens in Las Vegas stays in Las Vegas." Girly often feels left out at these affairs, but usually tags along, even going with the group to adult entertainment spots around the globe. When there, she appears to willingly participate in some of the sexual banter that occurs.

Noel Fair is the Vice-President for International Sales. Fair has worked hard for MMLP for 30 years and traditionally controls the hiring, firing and placement of international sales reps. He has never cared for Girly, because he believes that she obtained her position after a sexual liaison with Heman, although he has no proof of this. Heman is often teased by his employees about being an international playboy, and appears at each formal company function with a new supermodel on his arm. Fair did not have input into Girly's promotion to sales rep, as he usually has had in the past. Heman simply promoted her into the position. Fair admits that Girly did well in the Northern Europe market. However, Fair has often noted, and has said in mixed company, that this market is so strong that even a monkey could do well. The Northern Europe sales rep always has among the highest sales, regardless of who has had the region, and it was no exception when Girly had the region.

Fair also did not have input into Girly's transfer into the Japan-Asia market, traditionally a weak area for sales. Once again, shortly after Girly's marriage to a Swedish soccer player, Heman stepped in and transferred Girly, and told Fair to put someone else in Northern Europe. Fair doubted that Girly could perform well, due to the male bias in the industry there. However, he was glad to see Manley, an up-and-comer, have a chance at the prime market.

Shortly after her placement in the Asian market, Fair began to see a significant decrease in sales in the Japan-Asia market, a lower percentage of the total sales than ever before (things were booming elsewhere though). At sales meetings, Girly became more and more adamant that she could not perform well in the market due to the male bias. However, Girly managed to stay in the top 2/3 of sales producers. Fair grudgingly had to admit that he was impressed, although he still considered Girly an underperformer who slept her way to the job.

Fair is retiring in June and has been asked by Heman to choose his replacement, with Heman having the final say. Both Manley and Girly have applied for the position. Manley has slightly more experience in international sales with the company. Manley's sales are among the top in the company since he has been with the Northern Europe region; prior to that, he held the Japan-Asia market and performed as well as can be expected, staying in the top half of sales producers. Fair likes Manley, who is not tainted by possible inappropriate relations with the boss, as Fair considers Girly. Fair recommended Manley, and Heman promoted Manley.

Several weeks later, Heman and Fair are having late afternoon drinks in the conference room when the human resources manager brings in an EEOC charge filed by Girly, alleging a hostile working environment and sexual discrimination in the promotional decision by Fair and Heman. She alleges that she had a consensual sexual affair with Heman, and that while the affair was on, she was consistently promoted, but that when she ended the affair, she was transferred in retaliation. She further alleges that MMLP participated in the quid pro quo sexual discrimination by failing to promote her into Fair's position. MMLP responds to the EEOC charge, denying any affair or quid pro quo sexual discrimination, and stating that Manley was the better qualified applicant. MMLP further states that it has an employee grievance program and a written policy against sexual harassment in the workplace.

MMLP hears nothing more, until they receive a copy of the "right to sue" letter from the EEOC to Girly about six months later. During this time, the human resource manager reminds the staff that despite the awkwardness, that Girly must be treated as if everything is normal. At the next quarterly sales meeting, Girly stays in the hotel and misses the after-hours activities.

Girly then files a lawsuit, alleging violations of Title VII, sexual discrimination in the failure to promote, a hostile working environment, and retaliatory transfer. MMLP responds, and discovery begins. At the first motion hearing, the judge rules against MMLP's motion to dismiss and motion for summary judgment, and sets the matter down for jury trial. The judge warns MMLP's lawyers that the company does not want to face a San Francisco jury in this case, and strongly suggests settlement of the case. Girly and MMLP agree to sit down to a mediation.