THE CASE OF GROUNDS FOR COMPLAINT?

Based on Klopfenstein v. National Sales and Supply, LLC (E.D.Pa. June 5, 2008) 2008 WL 2331948

[As the scene opens, Tamara Klopfenstein, the newly hired part-time receptionist for National Sales and Supply, LLC, is sitting at her station.Off to the right working at his desk is Jason Shrager, a company vice president.]

Tamara [to herself]:Well, I have been here a couple of weeks and I'm not sure if I like the place.I must say I was apprehensive when I learned shortly after I was hired that company vice president Rich Blum, who interviewed me for this job, wrote on my application:"Looks nice, dresses well."What does that have to do with being a good receptionist?[Looks at her computer screen.]Oh, I see I have an e-mail from sales manager Mark Sanchez.[Reading e-mail as Mark reads from his desk in class.]

Mark:Hey, Tami, I was thinking maybe we should go to lunch on Friday together? . . . . . . Thoughts?I feel bad you have been working here for a couple of weeks and we haven't got to know each other yet.

Tamara [to herself]:This is just offensive.There is no reason why a man and a woman should go out to lunch together without any other party around.To me that's a date.That is a lunch date and that is very offensive to me.And while I'm on the subject, it also offends me that Mr. Schrager and Mr. Blum keep asking me to get them coffee.I'm not a waitress and that is not in my job description.Yes, Mr. Blum explained to me during my interview that I would be expected to get coffee for him and Mr. Schrager, so the first couple of times I did it were alright.But every day?They are just reinforcing an outdated stereotype.I don't mind getting coffee for guests.But I find the requests from the vice presidents to be demeaning and embarrassing.On three occasions, someone - I don't know who - has even entered a reminder on my electronic calendar that coffee was due at 3:00 p.m.

Mr. Schrager [pokes his head out of his office.To Tamara]:Tami, it's time for my afternoon coffee.Could you please get me a cup?

Tamara:I've been working here for six weeks, Mr. Schrager, and I just have decided I can't keep fetching coffee for you and Mr. Blum.Sorry.

[Mr. Schrager returns to his desk without speaking and begins typing.]

Mr. Schrager [typing]:Tami, I want to be clear so there are no misunderstandings.One of your many responsibilities as a receptionist/ data entry clerk is making and getting coffee for Rich Blum and me.This is not open for debate.Please don't make an easy task a big deal.[To himself]I'll cc Rich on this.

Tamara [typing]:Mr. Schrager and Mr. Blum, I don't have a problem getting coffee and/or water for our guests when they come in.I don't expect to serve and wait on you by making and serving you coffee every day at 3:00.If I would have known that when I took the job, I would never have taken the job.I will be more than happy to sit down and talk to you about this matter.

Mr. Schrager [typing an e-mail at his desk while Tamara is reading it at hers]:I'm sorry it didn't work out so please pack up your things.We will send you your last check next week.

[Tamara goes over to Mr. Schrager's desk]

Tamara:Am I permitted to work the rest of the day?

Mr. Schrager:You will be paid regardless of whether or not you finish the work day, but you may stay if you prefer.

Tamara:OK.I'll stay for the rest of the day.But I want you to know that I will be filing a discrimination and harassment complaint.

Mr. Schrager:Just pack your things and leave now.You'll get your full salary for the day.

what's the legal question?

do you agree with the worker or the company? why? explain.