NASRA JABALDI V. CHARGERS FOOTBALL, LP

The plaintiff, Nasra Jabaldi, is a22-year-old female of Lebanese descent. Nasra and her family immigrated to the United States in 2015due to the continuing border strife between Israel and the Hezbollah in Lebanon.Nasra's immediate family consists of her mother and father, and two younger brothers. They are devout, peaceful Muslims. Unfortunately, Nasra's parents have been unable to find regular employment.However, luckily for the Jabaldifamily, Nasra's older aunt and uncle have resided in the United States for several years, having immigrated toLos Angelesin 1998.The older Jabaldis are recently "empty nesters", both of their children having recently married and found jobs.Nasra, her parents and brothers, have been living with the elder Jabaldis for the last two years.

In Lebanon, Nasra's father was a successful banker and merchant, and her mother a traditional stay-at-home Muslim mother.Both Nasra and her brothers are extremely intelligent.Her younger brothers have completed high school and are now attending local colleges on scholarship, supplemented by student loans and part-time income from working in a convenient store.Nasra has also completed high school, but based on objections from her parents, she has not been allowed to attend college or even seek employment.As a result, Nasra became extremely frustrated and distressed with her life situation.

Finally, exasperated with her inability to seek employment or education, Nasra saw an advertisement for theLos AngelesChargers' cheerleading squad, the "Charger Girls".(It would be fair to say that in addition to her intellect, Nasra was an extremely beautiful young lady).Although Nasra had no prior dancing or cheerleading experience, she applied and made the squad.

Of course,whilebeing scantily clad in front of perhaps millions of fans in the stadium and on television was indeed contrary to her own firmly held Muslim beliefs, Nasra was elated to have a job which could provide her the income necessary to find a place of her own and ultimately go to college. After three weeks of trying to hide her new employment from her parents, upon questioning regarding her whereabouts, Nasra told her parents about her new job.Obviously, the fact that she had decided to work outside the home (not to mention the type of job she had found) caused her parents to be extremely upset.Her father demanded that she quit, or move out. Nasra refusedand moved in with another Charger Girl she had recently met.Additionally, now that she was on her own, Nasra obtained part-time employment at a local 7-Eleven Store.

At the start of the season, the Chargers organization produced its annual "Charger Girls Calendar"for the next year,in which Nasra was "Miss January".Additionally, part of the duties of being a Charger Girl required attendance at team public relations and marketing functions in the community, for which they were compensated.(The organization would first ask forvolunteers, and if that didn't get enough participation, squad members would be designatedand paid by the Chargers). Additionally, Charger Girls were often asked/encouraged to attend events hosted by the players who were sponsors of local charities.In those cases, the involved player would generally give any Charger Girls a sizeable gratuityfrom his own fundsfor attending.Although she had previously led a rather sheltered life, Nasra took to her new-found "stardom".She was funny and engaging. She liked the players and the players liked her. Then,about a monthinto the season, a prominent Charger linebacker, Hussein Mustafa (an African-Americanof theMuslimfaith) began directing a lot of attention toward Nasra.

Mustafa'sconduct basicallyinvolved sexual comments and requests for sexual favors at approximatelythreeof these events.Twoof those events were team-sponsored events, and the last one occurred at a function sponsored by Mustafa and two other Charger Players for disadvantaged inner-city youth inLA. At the first twoteam-sponsored events, Mustafa struck up a conversation with Nasra, asking what a good Muslim girl would be doing out of traditional attire, much less in the scanty uniforms required at games and at events.Nasra explained that it was just a job to her and that she was nevertheless a devout Muslim. Mustafa expressed some doubt about her explanation and suggested that he'd like to see more of "Miss January".At the next event, Mustafa's questioning and suggestions continued, but went a little farther. He suggested that if they got together, she could more completely fill her role as a traditional Muslim wife, and that he liked Lebanese Muslim women, with their "lighter" dark skin. At this function, Mustafa began to engage in some light touching(arm and shoulder)of Nasra while in conversation.Nasra continued to advise Mustafa that she had no interest in him and that she wished he wouldn't talk to her. Finally, at the player-sponsored event, Mustafa followed Nasra after she went to the ladies' room, and when she exited, briefly blocked her path, touched heron the arm, and told her that he could provide her with a life she'd never dreamed of. Nasra pushed him out of the way and immediately left the event.

These functions occurred over a period of three weeks, the last occurring on a Thursday. On thefollowingTuesday, Nasra reported Mustafa's conduct to the Charger Girls coach, Christie Rivers. Christie was somewhat sympathetic. She confirmed that Mustafa's conduct was a violation of theNFL and theteam's sexual harassment policy and that she would speak to the Player Relations Representative about Mustafa's conduct. (The Chargers have alegally compliantsexual harassment policy,including training,whichall employees - including players - are required to complete).According to the EEOC charge, Nasra statesChristie also advised Nasra that some suggestive talk is commonplace in the culture of American professional sports, which might be foreign to her culture, and perhaps she might need more time to adapt to that culture.Sheallegedlyalso suggested that she might want to try and avoid Mustafauntil the matter could be investigated and resolved.She told Nasrashehad enough information to get started and would get back with her in the course of her investigation.Christie was able to reach the Player Relations Representative on Thursday, and the Player Relations Representativehad contacted Mustafa on Friday and left a messagesimplythat they needed to meetthenextTuesday. However, onSunday, Mustafa saw Nasra on the sidelines of the Chargers game (versus the Tennessee Titans).On this occasion, Mustafa told Nasra that she must not be a real Muslim since Muslim girls weren't supposed to run like that, although "it did look nice from behind".Nasra ignored the comment and tried her best to stay as far away from the bench as possible.

Feeling helpless, the following Monday, Nasra called and left a message on Christie's phone that she was resigning.Christie called her back and told her she was sorry if that was her decision, but told Nasra she would call her back if she needed more information during her investigation.Nasra never heard back from Christie.The income from her job at 7-Eleven was not sufficient to payher portion of therent on her new apartment, and Nasra was left with no other alternative than to return to her parents, which also required her to quit that job.She felt remorse and asked for forgiveness for having disregarded her father's wishes and violating the tenets of her faith. By the same token, she was angry at Mustafa for his treatment of her, and the Chargers' organization for mishandling the problem.She is depressed by her current situation but has not sought any counseling or psychological treatment.She went on-line and filed a charge of discrimination with the EEOC, claimingsexualand religiousharassment.A mediation is being conducted 90 days after Nasra quit.The football season is over.

Nasrawasexpected to make $50,000.00for the season. (She's already been paid$18,000.00).She was averaging $250.00 per week at the 7-Eleven. No legal fees have been incurred to date, although it is fair to estimate that each side will spend $100,000.00 in legal fees over the next two years if the case is not settled.(It can be safely assumed that the Chargers organization hasbetween 400-450employees).Obviously, the Chargers do not want the publicity, and Nasra wants to close this chapter of her life.

1. Determine what facts are missing which might bear upon the legal strengths or weaknesses, or your negotiation/mediation strategy. (If there are questions you have relating to the facts of the case, you are not to "make them up").
2. Calculate the best and worst-case scenarios under Title VII, and provide justification.Formulate a realistic bargaining range with target and resistance points.