1st Open Memo--discussion Outline
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TO: FROM: DATE: RE:
Professor Vath Asa Behnia September 26, 2007 First Open Memo—Outline of Discussion Section
I. Main Question Presented II. Umbrella paragraph A. Overall Conclusion: Mrs. Tortelli’s complaint does state a claim under Title VII of the Civil Rights Act of 1964. B. Statute: listing of 42 U.S.C.A. § 2000e-2 C. Linking sexual harassment with Title VII: statute does not mention sexual harassment; Supreme Court links the two in Harris v. Forklift Sytem, Inc. 510 U.S. 17. D. Linking sexual harassment with hostile work environment: “Under certain circumstances, the creation of a hostile work environment due to sexual harassment can violate Title VII.
Henson v. Dundee, 682 F.2d 897.
E. Elements of a hostile work environment (found in Henson) 1. victim belongs to a protected group 2. employee was subject to unwelcome sexual harassment 3. alleged harassment was based on sex 4. alleged harassment is sufficiently severe & pervasive so as to alter work conditions F. Elimination of Undisputed Elements
1.
Undisputed elements: #1, # 3 above
2. Disputed elements: # 2, #4 (whether unwelcome & whether severe and pervasive) III. First Issue: Unwelcomeness A. Conclusion: Mrs. Tortelli’s conduct did indicate that the alleged sexual advances were unwelcome. B. Cases: i. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (S.Ct. 1986) ii. Morgan v. Fellini’s Pizza, Inc., 64 F.Supp.2d 1304 (N.D.Ga, 1999) iii. Powell v. Haverty Furniture Companies, Inc., 912 F. Supp. 532 (M.D.Ga. 1996)
IV.
Second Issue: Severe and Pervasive A. Conculsion: The alleged harassment is sufficiently severe and pervasive so as to alter conditions of employment. B. Cases: i.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (S.Ct. 1986)
ii.
Faragher v. City of Boca Raton, 524 U.S. 775 (S.Ct. 1998)
iii.
Powell v. Haverty Furniture Companies, Inc., 912 F. Supp. 532 (M.D.Ga. 1996)
Professor Vath Asa Behnia September 26, 2007 First Open Memo—Outline of Discussion Section
I. Main Question Presented II. Umbrella paragraph A. Overall Conclusion: Mrs. Tortelli’s complaint does state a claim under Title VII of the Civil Rights Act of 1964. B. Statute: listing of 42 U.S.C.A. § 2000e-2 C. Linking sexual harassment with Title VII: statute does not mention sexual harassment; Supreme Court links the two in Harris v. Forklift Sytem, Inc. 510 U.S. 17. D. Linking sexual harassment with hostile work environment: “Under certain circumstances, the creation of a hostile work environment due to sexual harassment can violate Title VII.
Henson v. Dundee, 682 F.2d 897.
E. Elements of a hostile work environment (found in Henson) 1. victim belongs to a protected group 2. employee was subject to unwelcome sexual harassment 3. alleged harassment was based on sex 4. alleged harassment is sufficiently severe & pervasive so as to alter work conditions F. Elimination of Undisputed Elements
1.
Undisputed elements: #1, # 3 above
2. Disputed elements: # 2, #4 (whether unwelcome & whether severe and pervasive) III. First Issue: Unwelcomeness A. Conclusion: Mrs. Tortelli’s conduct did indicate that the alleged sexual advances were unwelcome. B. Cases: i. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (S.Ct. 1986) ii. Morgan v. Fellini’s Pizza, Inc., 64 F.Supp.2d 1304 (N.D.Ga, 1999) iii. Powell v. Haverty Furniture Companies, Inc., 912 F. Supp. 532 (M.D.Ga. 1996)
IV.
Second Issue: Severe and Pervasive A. Conculsion: The alleged harassment is sufficiently severe and pervasive so as to alter conditions of employment. B. Cases: i.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (S.Ct. 1986)
ii.
Faragher v. City of Boca Raton, 524 U.S. 775 (S.Ct. 1998)
iii.
Powell v. Haverty Furniture Companies, Inc., 912 F. Supp. 532 (M.D.Ga. 1996)
