QUESTION SET TWO Just as Nicole is finally settling in to work on the Dollar and Dime Stores (DDS) application form, two new problems demand her attention.

The first relates to Lucia, a sales clerk who's been complaining for some time about an overly forward customer. Last week she told Nicole that he was getting increasingly nasty when Lucia declined to give him her personal contact info. Now, there's a new wrinkle. Yesterday, he was apparently waiting for Lucia in the parking lot. When she exited the store after her shift, he was standing by the back door and tried to embrace and kiss her. Nicole had been hoping the problem would just go away and still wishes it would.

The second relates to Kim, a new clerk who works the late shift. She called Nicole to complain that her supervisor touches her unnecessarily and invades her personal space, for example, by giving her a hug every day when she arrives for work, patting her on the butt when she walks by, and standing really close to her whenever they have a conversation. Kim's not asked him to back off because she's nervous about raising the issue and wants Nicole to handle it. Nicole asked Kim whether she had used the DDS internal complaint procedure. Kim said that she has a copy of it, but doesn't want to make a formal complaint or put anything in writing. Nor does Kim want anyone, including her supervisor or any other employees at the store, to know that she's raised these issues because she preferred to stay friends with everyone.

Please respond to these questions related to Lucia: What, if anything, should Nicole do in regards to Lucia's complaints? Might Lucia have a legal claim against DDS? If so, identify the claim and the law on which it would be based, and describe what Lucia would have to prove in order to sustain the claim. Based on what we know, might she be able to do so? Explain your analysis based on our facts and the law. If additional information would be helpful to your analysis, identify that information and how it would impact your analysis. Please respond to these questions related to Kim:

What, if anything, should Nicole do in regards to Kim's complaints? Might Kim have a legal claim against DDS? If so, identify the claim and the law on which it would be based, and describe what Kim would have to prove in order to sustain the claim. Based on what we know, might Kim be able to prevail on that claim? Explain your analysis based on our facts and the law. Assuming that Kim could make out a Title VII claim against DDS and based on the facts in Question Sets 1 and 2, what would be her maximum recovery, and what procedure would she have to use to pursue that claim? Assuming that Kim could make out a Title VII claim, is there a defense that DDS could raise? If so, identify the defense, describe what DDS would have to establish in order to sustain it, and analyze whether DDS would likely to prevail on that defense. If additional information would be helpful to your analysis, identify that information and how it would impact your analysis.