Question
Cindy worked for Wheels Plus, an automobile service center as a service technician. She was the only female in the service shop. Harry, another service
Cindy worked for Wheels Plus, an automobile service center as a service technician. She was the only female in the service shop. Harry, another service tech, periodically made comments about his sexual escapades while working in the shop. Cindy, knowing that the service shop area had a history of being an "all guys" shop, did not complain about the comments for fear of being terminated. Harry started making comments to Cindy directly about going out with him which she refused. About two weeks after she refused to go out with Harry, Harry reported to the Wheels Plus manager, Barry, that a customer complained about a vehicle Cindy worked on. An investigation revealed that it appeared that she made a mistake in failing to secure a tire after rotating it, causing it to squeak while the customer was driving. Although Cindy denied that she was the one who secured the tires, Barry decided to terminate her employment for the apparent mistake. After her termination from employment, Cindy filed an EEOC Charge, alleging gender discrimination, sexual harassment and retaliation. Among other things, Wheels Plus defended that it has a sexual harassment reporting policy, which Cindy electronically signed as a part of the handbook acknowledgement, and Cindy failed to take advantage of it during her employment. Identify what Cindy will need to establish to prove her claims, analyze Wheels Plus' defenses, whether the defenses are likely to succeed, and what facts will be important to this analysis. In your answer, identify how would you recommend that Wheels Plus respond to the EEOC Charge and whether this case would be appropriate for mediation.
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