BLAW 3400 Write your answer here: M3 Employment Discrimination 15 Points Student Name: Question 1: Read Case 21.3, Franchina v. City of Providence, beginning on page 467. The issue is whether the city should be held liable for a hostile work environment. The court's decision states the need to prove that the conduct was severe or pervasive in order to establish harassment, but this excerpt does not directly address this element. In determining whether conduct is severe or pervasive courts look at several factors. These include the frequency of the conduct and the extent to which it is physically threatening as opposed to a mere offensive utterance, and the extent to which it unreasonably interferes with an employee's work performance. See the description of the incident that is included in the preface to question 3. Based on that, and what is described in the excerpt of the case that is in your textbook, explain whether a court would conclude that this was severe, or pervasive, or both. Write your answer here: Question 2: Consequences. See the question on page 468 under the heading "Critical Thinking - Economic." What is the appropriate measure of damages for this result? Explain, and specifically discuss whether punitive damages would have been appropriate in this case. Write your answer here: Question 3: Implications. See the question on page 468 under the heading "Critical Thinking - Legal Environment." Your book asks "What steps might an employer take to avoid the circumstances that occurred in the Franchina case?" In the full version of the case there is an incident described in detail. At a Christmas Party "Franchina was berated by McGarty. He screamed obscenities at her, spit as he yelled at her, and, at a whopping 6"6", attempted to use his body to block her from leaving so he could continue his bellowing. He called her a f***king doughnut, a f***king zero and a f* * *king loser." The direct supervisor of McGarty was 15 to 20 feet away from where this occurred, yet said nothing. When Franchina sought assistance the supervisor responded, "I'm not your f* **king baby-sitter". On a break between classes, you go to the MTSU Student Union Building to get a cup of coffee. As you enter the building, you observe conduct like this between 2 students in the food court. What do you do? Be specific