Teddy's

In: Business and Management

Submitted By TinyHaley
Words 1100
Pages 5
Pollard filed a charge of sex discrimination with the New Jersey Commission on Human Rights. The Commission found that Pollard had been the victim of sex discrimination and that Teddy's reasons for firing her were pretext, and awarded her back wages and damages. Teddy's appealed to the circuit court, including in their case that Pollard had committed several infractions, including participating in the spanking incident. They reported that Pollard had failed to report any sexual harassment and included a copy of their sexual harassment policy as part of their defense case. The Circuit Court found that Teddy did have good reason to discipline Pollard but that firing her was in fact disparate treatment when compared with the utter lack of discipline given to King. The circuit court reversed the Commission's award of damages because it believed that Teddy had been right to discipline Pollard, but they ordered Teddy's to reinstate Pollard to her old position. Pollard appealed to the New Jersey Court of Appeals and refused to accept her job back.
My memo to the CEO follows:
This memo is in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, a former employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant.
To review, Teddy's has been found guilty of sexual harassment in her case by the New Jersey Commission on Human Rights, and awarded her back wages and damages. Teddy's appealed to Circuit Court, and the original decision was overturned, but Teddy's was ordered to reinstate Pollard to her old position. Pollard has appealed that decision. I believe Teddy’s is liable on several points. Ms. Pollard was a victim of gender based harassment at Teddy’s, and this fact was not only known and seen by a supervisor, but also…...

Similar Documents

Teddy's Supplies

...You are the independent Human Resources Consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal information you can find. 1. Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. (Points: 30) Answer: To: J. Doe, CEO From: William Outlar, Consultant Date: April 8, 2011 Re: Virginia Pollard Case After reviewing the case there is a glaring issue that you had with Mrs. Pollard. The guys she worked with created a very hostile work environment that led to where we are now. Coupled with the supervisor being in on these activities and not being disciplined will be a hard sell to a judge or jury. Below I listed several elements that classify a hostile work environment; Hostile Work Environment – Sexual Harassment Five (5) general......

Words: 1579 - Pages: 7

Teddy's Supply Co

...Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis of the case against Teddy's. (Points : 30) This memo is in regards to the decision to settle the sexual harassment case with Mrs. Pollard. In reviewing the case, we have identified many areas in which Teddy’s is liable for a sexual harassment case. First, as the only woman in the warehouse, she was the victim of pranks by her male co-workers. These pranks included: taping her drawers closed, locking her out of the guard shack, filling the guard shack with garbage, backing a forklift up to the door and causing it to backfire in her ear. This qualifies as harassment as defined by the U.S Equal Opportunity Commission (EEOC). The EEOC identifies offensive conduct of harassment as “offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”( http://www.eeoc.gov/laws/practices/harassment.cfm). The above actions committed by the...

Words: 1514 - Pages: 7

Teddy's

...Teddy’s Supplies Sexual Harassment Policy All employees of Teddy’s Supplies are required to read and follow this policy. This policy was implemented on January 1, 2002, and is in effect until further notice. Scope of Policy This policy prohibits any illegal discrimination or harassment of any employee by another employee, co-worker, supervisor, or vendor. All employees are entitled to a harassment and discrimination free environment. The company has a “zero-tolerance” policy with respect to harassment or discrimination. A safe work environment is the goal of Teddy’s Supplies. Responsibility and Reporting structure All employees are responsible for following this policy. In the event of a violation of this policy, employees should report the violation to their direct supervisor, unless doing so would put the employee at risk of further discrimination or harassment. In that case, the employee should report using the company website form which will submit the incident to Human Resources. Employees have the option of anonymously reporting incidents, but doing so does not provide the employee with any protection under the law. (Access the reporting form on the benefits page of the intranet.) Behavior Banned All illegal, discriminatory, or harassing behavior is prohibited. Discipline invoked Employees found to violate this policy may be terminated, suspended from work without pay, or transferred. This document will be considered the “warning” in the event of termination...

Words: 377 - Pages: 2

Test

...in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, an employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant. To begin, I do feel that Teddy’s is liable on several points, including the fact that Ms. Pollard was a victim of gender based harassment at Teddy’s, and that this fact was not only known and seen by a supervisor, but also participated in by same supervisor. Despite the fact that Ms. Pollard did not file a formal complaint against her co-workers or supervisor based on her experiences, it may be understood that she felt threatened by the continued and apparently sanctioned abuse. When she attempted to report the incidents to her supervisor, Mr. King, he responded in additional harassing statements. Furthermore, Ms. Pollard had a recent performance review that rated her work as ‘exemplary’ and did not include any complaints. In addition, Ms. Pollard was the victim of repeated verbal jokes and physical harassment. Regarding the comments from other employees concerning the case, I feel these should not be considered as they are merely circumstantial and not factually related to the incidents described. The complainant’s points are particularly damaging in that her supervisor was the one who created the hostile environment that led to the sex-based harassment at Teddy’s. I have been asked to extrapolate on potential......

Words: 385 - Pages: 2

Teddy's Supplies

...A. Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes. Quid pro quo- In legal usage, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. For example, under the common law, a binding contract must involve consideration: that is, the exchange of something of value for something else of economic value. If the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did actually exist and the contract may be void by law. Hostile environment harassment- employment discrimination consisting of unwelcome verbal or physical conduct (as comments, jokes, or acts) relating to the victim's constitutionally or statutorily protected classification (as race, religion, ethnic origin, or age) that has the effect of substantially interfering with a person's work performance or of creating a hostile work environment. Pollard was a victim of hostile environment harassment. In the case Gallagher v. C.H. Robinson, even though members of both sexes were exposed to the offensive conduct in the Cleveland office, considering the nature of the patently degrading and anti-female nature of the harassment, it stands to reason that women would suffer, as a result of the......

Words: 774 - Pages: 4

Mgmt 520 You Decide Week 6

... Virginia Pollard worked as a cashier and clerk for Teddy's Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey. During a routine performance evaluation, Virginia's supervisor at Teddy's complained that she made too many personal phone calls when she worked in the West Orange store. The supervisor noted this on Virginia's annual review, and warned her to keep personal calls to a bare minimum while at work. Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldn't make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was "meeting expectations" with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her coworkers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day, a Teddy delivery driver sat in Pollard's chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollard's new supervisor, Steve King, rarely enforced Teddy's rules against smoking, horseplay, foul language, and sexual harassment and often indulged in such behaviors himself. Teddy's had a written sexual harassment policy that included......

Words: 1259 - Pages: 6

Business Law

...Virginia Pollard worked as a cashier and clerk for Teddy’s Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey.  During a routine performance evaluation, Virginia's supervisor at Teddy's complained that she made too many personal phone calls when she worked in the West Orange store.  The supervisor noted this on Virginia's annual review, and warned her to keep personal calls to a bare minimum while at work.  Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldn't make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was "meeting expectations" with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her co-workers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day a Teddy delivery driver sat in Pollard's chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollard's new supervisor, Steve King, rarely enforced Teddy's rules against smoking, horseplay, foul language, and sexual harassment, and often indulged in such behaviors himself.  Teddy's had a written sexual harassment policy which......

Words: 1312 - Pages: 6

Teddy's Supplies

...Race and Ethnicity in Childhood Obesity Abstract Many early life risk factors for childhood obesity are more prevalent among blacks and Hispanics than among whites and may explain the higher prevalence of obesity among racial/ethnic minority children. Eliminating racial/ethnic disparities in health and health care is a national priority, and obesity is a prime target. During the last 30 years in the United States, the prevalence of obesity among children has dramatically increased, sparing no age group. Obesity in childhood is associated with adverse cardio-metabolic outcomes such as hypertension, hyperlipidemia, and type II diabetes and with other long-term adverse outcomes, including both physical and psychosocial consequences. By the preschool years, racial/ethnic disparities in obesity prevalence are already present, suggesting that disparities in childhood obesity prevalence have their origins in the earliest stages of life. Several risk factors during pregnancy are associated with increased risk of offspring obesity, including excessive maternal gestational weight gain, gestational diabetes, and smoking during pregnancy, antenatal depression, and biological stress. During infancy and early childhood, rapid infant weight gain, infant feeding practices, sleep duration, child’s diet, physical activity, and sedentary practices are associated with the development of obesity. Studies have found substantial racial/ethnic differences in many of these early life risk......

Words: 1514 - Pages: 7

Mgmt 520 You Decide Week 6 Scenario Summary

... Virginia Pollard worked as a cashier and clerk for Teddy's Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey. During a routine performance evaluation, Virginia's supervisor at Teddy's complained that she made too many personal phone calls when she worked in the West Orange store. The supervisor noted this on Virginia's annual review, and warned her to keep personal calls to a bare minimum while at work. Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldn't make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was "meeting expectations" with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her coworkers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day, a Teddy delivery driver sat in Pollard's chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollard's new supervisor, Steve King, rarely enforced Teddy's rules against smoking, horseplay, foul language, and sexual harassment and often indulged in such behaviors himself. Teddy's had a written sexual harassment policy that......

Words: 1254 - Pages: 6

Mgmt 520 You Decide Week 6

... Virginia Pollard worked as a cashier and clerk for Teddy's Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey. During a routine performance evaluation, Virginia's supervisor at Teddy's complained that she made too many personal phone calls when she worked in the West Orange store. The supervisor noted this on Virginia's annual review, and warned her to keep personal calls to a bare minimum while at work. Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldn't make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was "meeting expectations" with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her coworkers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day, a Teddy delivery driver sat in Pollard's chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollard's new supervisor, Steve King, rarely enforced Teddy's rules against smoking, horseplay, foul language, and sexual harassment and often indulged in such behaviors himself. Teddy's had a written sexual harassment policy that included......

Words: 1260 - Pages: 6

Memo Regarding Liability for Teddy's Supplies

...1) Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested “offer of settlement” to Virginia. Back up your offer using your analysis of the case against Teddy’s. Ms. Pollard was involuntarily transferred to a different environment, working in a warehouse surrounded by all men. Although she was transferred because she needed to be in an environment in which she would not be making so many personal calls, she never asked to be relocated to the warehouse. Being that Ms. Pollard could not report the events to her direct supervisor because he was involved in the incidents, she attempted to file an anonymous complaint online but the website was not working. Teddy’s needs to ensure that their website is working properly at all times in order to avoid this type of situation. The case states that Ms. Pollard’s supervisor (Steve King) rarely enforced any of Teddy’s rules to include smoking, horseplay, foul language and sexual harassment. This does not vie well for Teddy’s because he is already known for being a lenient boss. It does not mention that Steve King’s supervisor ever had a conversation with him......

Words: 277 - Pages: 2

Teddy's Supplies Liability

...INTRODUCTION You have asked me to advise you on the facts of the case, and in my opinion of Teddy’s Supplies’ potential liability. This memorandum I will advise whether the company is exposed to liability on all issues I feel are in play. Additionally, in preparation for the case, I have researched related statutes and include precedential cases either for or against Teddy’s case which impact liability. In my opinion, I shall include the “worst case” of damages the company may have to pay Virginia. Statement of Facts Ms. Virginia Pollard was employed as a cashier and clerk for Teddy’s Supplies store in West Orange, New Jersey. She was sexually harassed (according to the company’s sexual harassment policy) during her assignment at the main warehouse where she was the only female employee. The following actions by Pollard’s male counterparts at the warehouse constitute employment discrimination under Title VII of the Civil Rights Act of 1964: I. Playing regular pranks on Pollard while on the job, including, II. Taping her drawer shut III. Filling her work station with trash IV. Backing a forklift up to the door and causing it to backfire in Pollard’s ears. It is important to note that, Virginia’s performance was satisfactory as she was clearly meeting expectations and received no negative commentary from her supervisor during this particular period wherein she faced employment discrimination. Eventually, Pollard was fired when she lifted one side of her shirt...

Words: 1075 - Pages: 5

Virginia

...Virginia Pollard worked as a cashier and clerk for Teddy’s Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey.  During a routine performance evaluation, Virginia's supervisor at Teddy's complained that she made too many personal phone calls when she worked in the West Orange store.  The supervisor noted this on Virginia's annual review, and warned her to keep personal calls to a bare minimum while at work.  Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldn't make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was "meeting expectations" with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her co-workers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day a Teddy delivery driver sat in Pollard's chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollard's new supervisor, Steve King, rarely enforced Teddy's rules against smoking, horseplay, foul language, and sexual harassment, and often indulged in such behaviors himself.  Teddy's had a written sexual harassment policy which......

Words: 1307 - Pages: 6

You Are the Independent Human Resources Consultant Hired by Teddy's Supplies to Help Explain to the Company What the Case Against Them Will Entail. You Have Gleaned the Facts from Your Investigations Into the Situation

...Administrative Agency: Ohio Bureau of Workers’ Compensation The state administrative agency is the Ohio Bureau of Workers’ Compensation. This agency interests me because I am working towards my Master’s in Human Resources. The proposed regulation will not directly affect me or the business I am working. The company I work for already has an employee wellness program in place and is not state funded. Because the program already exists, a workplace wellness grant is not needed nor warranted from the bureau. The workplace wellness grant program proposal is to help mitigate and prevent health risk factors. Preventing and or decreasing health risk factors cuts down health costs verses waiting for an illness to appear and then treating the illness. The proposal is to provide employers with grants to fund a wellness program in order to decrease the amount of workplace injuries and illnesses. The grants will be awarded to state fund employers on a first come first serve basis. In order for the employer to be eligible, they must be up to date on all premiums, fines, assessments and administrative costs. The employer must maintain active state fund coverage in order to remain eligible. If an employer already has a wellness program in place, they are not eligible. My comment is that a workplace wellness program for state funded businesses would be very beneficial to the community. The proposed rule, 4123-17-56.1 - Workplace wellness grant program rule, will agreeably decrease costs......

Words: 659 - Pages: 3

Teddy's Supplies' Ceo

...marital status, sexual orientation, gender identity, or other personal characteristics protected by law. A conduct is unwelcome if the employee did not solicit, instigate, or provoke it and the employee regarded the conduct as undesirable or offensive. Pollard was constantly being harassed by six male colleagues. She was a victim of pranks perpetrated by them that ranged from taping her desk drawers shut, locking her out and therefore hindering her from preforming her job due to the fact she was responsible for watching the warehouse inventory. Filling the guard shack with trash and putting her in harm’s way by backing a forklift up to the guard shack door and making it backfire into her ear. B. Pollard was taunted by her coworkers and one of Teddy’s drivers. The driver was sitting in her chair and she asked him to get up. When he refused, she tried to forcibly push him out of the chair and as she did this, he grabbed her, turned her over his knee and then spanked her. This is sexual harassment die to the fact that Pollard in no way showed signs of sexual arousement toward the driver that would encourage or provoke him to spank her. C. Steve King, Pollard’s supervisor in the......

Words: 255 - Pages: 2

rise of the tomb raider | Escape at Dannemora | Lettori MP3: accessori