Here is the list of liabilities that I believe your company is exposed to:
1) Sexual Harassment and more importantly Hostile Work Environment. “When the workplace is permeated with “discriminatory intimidation, ridicule, and insult,” that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” This is what we can find under Title VII of the Civil Rights Act of 1964. The act that the warehouse employees performed when they have put a sign on the truck that read “HARDHAT REQUIRED/BRA OPTIONAL” can alone prove that point. What is worrisome is the fact that Pollards supervisor also participated in this act. You as an employer are responsible for the actions of your management team- supervisor King. Title VII inputs the supervisor’s acts in the employer. In 2013, in the Vance v. Ball State University, the U.S. Supreme Court stated, “if the supervisor’s harassment culminates in a tangible employment action, the employer is strictly liable. But if no tangible employment action is taken, the employer may escape liability by establishing, as an affirmative defense, that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.” As your advisor I see no actions that have been taken by your company to prove any one of those two defenses.
2 ) Violation of the Civil Rights Act of 1866 which guarantees that all persons in the United States have the same right to make and enforce contracts and have full and equal benefit of the law. Even though your company had Sexual Harassment Policy present it was not enforced equally to all employees. Pollard has been terminated for the violation where King and other warehouse workers were not after the “bra incident”. “Title VII prohibits employers from treating applicants…