Question
Wanting a change of scenery after recent unpleasantness, characters from Harry Potter moved to a suburb of Orlando, Florida. To show his change of heart,
Wanting a change of scenery after recent unpleasantness, characters from Harry Potter moved to a suburb of Orlando, Florida. To show his change of heart, Lucius Malfoy purchased Gringott's Bank (a full-service bank in Kissimmee, Florida, that employed many male and female employees). Malfoy also hired others who had moved from the United Kingdom to work in various roles at the bank. Current Florida law applies to all people and events.
Miss McGonigal began work for the Bank as a probationary bookkeeper. After five years, she was promoted to Executive Vice President and received a significant raise. The half-giant Hagrid (whose only skill was the ability to care for wild and dangerous animals) was employed solely as the grounds-keeper. Hagrid's best friend, Harry Potter, was extraordinarily wealthy following receipt of enormous rewards and a fortune as his inheritance. Harry Potter was the bank's largest depositor.
While Miss McGonigal was seated at her desk, Hagrid walked behind her, briefly pinned her to her chair by placing his enormous hand on her shoulder, and tickled her with a feather from a gigantic flying beast. He said nothing, but just winked at her when she looked up to see who had touched her. She had not known Hagrid was there. The first time he did this, Miss McGonigal just giggled. She never told anyone she had developed claustrophobia, or that the stress of being restrained aggravated her stomach ulcer. Hagrid never touched or tickled anyone else and no one else knew it happened.
The second time Hagrid surprised her this way, Miss McGonigal told him to stop. After the third time, she immediately wrote Lucius Malfoy a letter asking him to make Hagrid stop. Her letter told Malfoy she found Hagrid's behavior offensive, and that she felt Hagrid had created a sexually hostile work environment. She simultaneously mailed a copy of the letter, with the original and a copy of the signed claim form, to the Edwal Employment Opportunity Commission (EEO) and to the Florida Commission on Human Relations ("FCHR").
As a result of this fling, Malfoy separated Hagrid and Miss McGonigal by transferring Miss McGonigal to the branch of the bank in Crawfordville to become the branch bookkeeper. Malfoy reminded her that Hagrid's best friend was the bank's largest depositor.
Miss McGonigal was so upset she could not sleep, and her stomach ulcers became worse. She decided she could no longer work at the Bank, so she resigned and drove to your law office to ask what she could do
prompts to help students recognize the issues that are presented, which often are obscure. Part I: Hypothetical Facts: Wanting a change of scenery after recent unpleasantness, characters from Harry Potter moved to a suburb of Orlando, Florida. To show his change of heart, Lucius Malfoy purchased Gringott's Bank (a full-service bank in Kissimmee, Florida, that employed many male and female employees). Malfoy also hired others who had moved from the United Kingdom to work in various roles at the bank. Current Florida law applies to all people and events. Miss McGonigal began work for the Bank as a probationary bookkeeper. After five years, she was promoted to Executive Vice President and received a significant raise. The half-giant Hagrid (whose only skill was the ability to care for wild and dangerous animals) was employed solely as the grounds-keeper. Hagrid's best friend, Harry Potter, was extraordinarily wealthy following receipt of enormous rewards and a fortune as his inheritance. Harry Potter was the bank's largest depositor. While Miss McGonigal was seated at her desk, Hagrid walked behind her, briefly pinned her to her chair by placing his enormous hand on her shoulder, and tickled her with a feather from a gigantic flying beast. He said nothing, but just winked at her when she looked up to see who had touched her. She had not known Hagrid was there. The first time he did this, Miss McGonigal just giggled. She never told anyone she had developed claustrophobia, or that the stress of being restrained aggravated her stomach ulcer. Hagrid never touched or tickled anyone else and no one else knew it happened The second time Hagrid surprised her this way, Miss McGonigal told him to stop. After the third time, she immediately wrote Lucius Malfoy a letter asking him to make Hagrid stop. Her letter told Malfoy she found Hagrid's behavior offensive, and that she felt Hagrid had created a sexually hostile work environment. She simultaneously mailed a copy of the letter, with the original and a copy of the signed claim form, to the Equal Employment Opportunity Commission ("EEOC") and to the Florida Commission on Human Relations ("FCHR"). As a result of this filing, Malfoy separated Hagrid and Miss McGonigal by transferring Miss McGonigal to the branch of the bank in Crawfordville to become the branch bookkeeper. Malfoy reminded her that Hagrid's best friend was the bank's largest depositor. Miss McGonigal was so upset she could not sleep, and her stomach ulcers became worse. She decided she could no longer work at the Bank, so she resigned and drove to your law office to ask what she could de16. Would Quid Pro Quo sex discrimination apply under the facts in the hypothetical on the first page? Why or why not? ints Quid Pro Quo applies because Miss McGonigal experienced a hostile work environment. Quid Pro Quo applies because Miss McGonigal suffered a tangible job detriment (in the form of a transfer and demotion) as a result of filing a claim with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Quid Pro Quo applies as a result of the Bank's negligently hiring, supervising, and retaining Hagrid after Malfoy knew or should have known of his wrongful acts. Quid Pro Quo applies because Miss McGonigal was constructively discharged as a result of filing a claim with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Quid Pro Quo does not apply because Miss McGonigal was not offered any benefit (or threatened with any consequence) based upon her participation in Hagrid's conduct. D Question 17 2 pts 17. What remedies would be available to Miss McGonigal if her action for Retaliation is successful? Compensatory damages, punitive damages, and attorney's fees Compensatory damages, punitive damages, and attorney's fees only Compensatory damages and punitive damages only O Compensatory damages only O Compensatory damages, punitive damages, back pay, front pay (or reinstatement), injunctionelief, and attorneys' fees Question 18 2 pts 18. Assume Miss McGonigal came to your office today so that you could prepare her initial claim form for filing with the Florida Commission on Human Relations (or the Equal Employment Opportunity Commission. Assume she was constructively discharged on January 1, 2022. What effect, if any, would this have on her action for unlawful employment practices under Florida Statutes chapter 760? There is no deadline for pursuing the claims because Miss McGonigal's injuries are continuing. O It would not change the outcome because it just shows that the Bank had adequate time to learn of Hagrid's wrongful acts and to discipline or terminate him It would not change the outcome because the statute of deadlines for intentional torts is 4 years. O All claims are time-barred and Miss McGonigal cannot file an action in court. All claims under chapter 760 would be time-barred and Miss McGonigal would be limited to pursuing tort claims. Q Search18. Assume Miss McGonigal came to your office today so that you could prepare her initial claim form for filing with the Florida Commission on Human Relations (or the Equal Employment Opportunity Commission. Assume she was constructively discharged on January 1, 2022. What effect, if any, would this have on her action for unlawful employment practices under Florida Statutes chapter 760? There is no deadline for pursuing the claims because Miss Mcgonigal's injuries are continuing. It would not change the outcome because it just shows that the Bank had adequate time to learn of Hagrid's wrongful acts and to discipline or terminate him It would not change the outcome because the statute of deadlines for intentional torts is 4 years. O All claims are time-barred and Miss McGonigal cannot file an action in court. All claims under chapter 760 would be time-barred and Miss McGonigal would be limited to pursuing tort claims. D Question 19 2 pts 19. What tort claims by Miss McGonigal (if any) against Hagrid should be successful under the facts in the hypothetical on the first page? O Negligent hiring, supervision, and retention O Assault O Battery and false imprisonment Hostile work environment, quid pro quo sex discrimination, and Retaliation Respondeat superior. D Question 20 2 pts 20. What remedies (if any) would be available for intentional tort claims? Compensatory damages, punitive damages, back pay, front pay (or reinstatement), injunctionelief, and attorneys' fees only Compensatory damages only Compensatory damages and punitive damages only O Compensatory damages, punitive damages, and attorney's fees only O Compensatory damages and injunctionelief onlyStep by Step Solution
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