Draft a Legal Memorandum from the background facts

Background Facts

Lori Franchina, a rescue lieutenant with the Las Cruces Fire Department, was assigned to work a shift with fellow firefighter Andre Ferro. During the shift, Ferro subjected her to unprofessional sexual comments and conduct. Based on Franchina's account of Ferro's actions, fire chief Curt Varone filed an intra-department complaint charging Ferro with sexual harassment. No action was taken. Other firefighters then began to treat Franchina with contempt. She was spit on and shoved and was forced to undergo verbal assaults, insubordination, and other kinds of negative treatment. She submitted forty different complaints of harassment to her superiors.

Franchina filed a suit against the city of Las Cruces, asserting that she was subjected to a hostile work environment as a result of her gender in violation of Title VII.

• Take a position representing either the city Las Cruces or Lori Franchina. Using resources in the NMSU Library or free online resources such as FindLaw, Google Scholar, and the New Mexico Compilation Commission, research the issues presented for this assignment and draft a brief legal memorandum comprised of five sections:

RELEVANT FACTS: [provide 5-8 SENTENCE, DETAILED PARAGRAPH HERE about the FACTS]. ISSUES: The topic headings for each of the four issues are as follows:1. Sexual harassment; 2. Inaction; 3. Retaliation; 4. Failure to address multiple complaints; 5. Hostile work environment. An issue statement is the question presented for court's consideration for purposes of sorting out the rights and liabilities between the parties to the lawsuit.

LEGAL RESEARCH

DISCUSSION: 1. What New Mexico statute(s) do you find that are applicable, and what do they provide? [ For EACH question here, provide 5-8 SENTENCE, DETAILED PARAGRAPH conveying your "answer" and stating specific statutes.] 2. What will your firm have to prove, if your attorney wants to use these New Mexico statute(s) to argue that Samuel was wrongfully denied a medical diploma (thus, the medical college is liable). On the other hand, what would be the necessary proofs for establishing the college made an ethical decision supporting their decision not to award the medical degree (thus, the medical college is not liable). 3. What case law did you find, from which courts, and what did the case law provide in terms of the medical college's decision, ethical or unethical? CONCLUSION: Focus on the overall solution to the problem, for instance, which party will prevail and why? If you were able to find any law in conducting legal research under step 3, cite the rule(s), statute(s), and/or case(s) that are on point allowing for application as legal precedent. Thinking about the issues raised and answered in the case of Lori Franchina's employment discrimination, what are some possible solutions you would recommend for organizations in adopting standards to prevent and address instances of gender-based harassment and hostile work environments, particularly in the context of the challenges faced by Lori Franchina at the Las Cruces Fire Department? [Summarize your findings for your attorney in 2-3 sentences.]