She is very good friends with another police officer, Sonia Santiago. They are both of Cuban descent and thus are fluent in Spanish. They chose to have conversation in Spanish while at the precinct. Robert
Legal memorandum sexual harassment another officer at Swan Lake became annoyed because he felt that Officer Jones and Santiago were mocking him in another language.
Hence, he proceeded to complain to the commanding officer Lt. Reynolds about the situation. The Lieutenant proceeded to institute an English Only policy at the Police station. He stated that the use of another language was only to be used in the Police Station for police business such at interpreting witnesses, etc.
When she entered she noticed that Fields and two other officers were viewing pornography on a television. If you
Legal memorandum sexual harassment we can turn off the TV and you could entertain us!
On August 3, Officer Jones was in her patrol car when a call came in stating to be on the lookout for a red Toyota Camry being driven by a white male in his forties. The description was based on an anonymous tip. The tipster stated that the driver had a grenade that he was intending to use to blow up minorities. Two minutes later she saw a man and car that fit the description. She followed the car as it observed all traffic laws. Afraid for the life of others she pulled the man over and searched his car.
He had no grenades, he was let go. One month later Jones and Santiago was seen
Legal memorandum sexual harassment Spanish in the precinct so she was fired for insubordination. The plaintiff must first establish a prima facie case of discrimination or retaliation. To establish a prima facie case of discrimination, the plaintiff must show that: In the case of Velasquez v.
The employee also never told supervisor that she believed that the policy was discriminatory. In the matter of Pacheco v. New York Presbyterian Hosp. In the matter of Kania v. Archdiocese of Philadelphia the courts found that
Legal memorandum sexual harassment relief of ethnic tensions in a valid business justification for the implementation of an English Only policy. Lesbian orgey
This is especially the case where the persons are proficient in the English language. Archdiocese of Philadelphia14 F. Although Kania suggests that Father Barszczewski
Legal memorandum sexual harassment the rule for purely personal reasons, the documents Kania submits in favor of her position demonstrated to the courts otherwise. After reviewing the Staff Meeting Minutes submitted by Kania, it was clear that the Church adopted its
Legal memorandum sexual harassment rule to improve interpersonal relations at the Church, and to prevent Polish-speaking employees from alienating other employees, and perhaps church members themselves.
Also Kania admitted that she was bilingual. Because she could have readily complied with the English-only rule, it did not cause a legally cognizable adverse impact upon the terms and conditions of her employment which would have been required for a claim of discrimination under Title VII. In the matter in which we are analyzing it would be necessary for Officer Jones to establish that the reason for her being fired is her protected status.
general, and should not be...
Thus it would be necessary to prove that the discrimination that took place was because of her race or national origin. Also in our matter the justification given by the Lieutenant has be held in court successfully. When we compare the facts of Kania v.
Archdiocese of Philadelphia we see that the relief of ethnic tensions was the
Legal memorandum sexual harassment justification that was used in order to rebut a claim of discrimination. Find the Resume and Writing...
Reynolds established this policy in order to avoid the formation of cliques at the precinct that would cause tension on the job. The
Legal memorandum sexual harassment that Officer Jones was bi-lingual is also relevant. As we see in the case of Kania v. Archdiocese of Philadelphia because the plaintiff was bi-lingual she would be able to easily comply with the policy that was set in place.
This was not the case there and nor is it the case here. Hence Officer Jones fails to substantiate a claim for discrimination based on the English Only Policy. A plaintiff can establish a claim that he or she suffered discriminatory treatment in the workplace through proof that he or she has been subjected to a hostile work environment.
Orezzoli7 Misc. As we see in the case of Harris v. It
Legal memorandum sexual harassment be conceded that that the comments that were directed toward Officer Jones, after she scolded the Officers for watching the pornography, was an act that was intended to harass Jones however as we see in the case of Constantine v.
Legal memorandum sexual harassment Based on the facts in this matter the Officers that made these remarks to Jones said exactly two sentences to her.
We are not aware of any other remarks being made later on after this isolated
Legal memorandum sexual harassment. The third issue at play here is whether the Fourth Amendment rights of Mike Lowell were violated when solely using an anonymous tip Officer Jones stopped Lowell and searched his car for grenades.
In order to stop someone the U. Supreme Court ruled that reasonable suspicion is needed a person can be stopped and briefly detained by a police officer based on a reasonable suspicion of involvement in a crime.
OhioU. Reasonable suspicion does not provide grounds for arrest; however, an arrest can be made if facts discovered during the detention provide probable cause that the suspect has committed a crime.
An officer, for the protection of himself and others, may conduct a carefully limited search for weapons in the outer clothing of persons engaged in unusual conduct where, the officer reasonably concludes in light of his experience that criminal activity may be afoot and that the persons in question may be armed and presently dangerous.
However in this matter, the behavior of the Appellant was not such that would give reasonable suspicion to conduct a Terry Stop of the individual. However the Supreme Court found in this matter that the evidence seized should be suppressed because it was the fruit of an unconstitutional seizure.
The court found in favor of the defendant because as "Legal memorandum sexual harassment" showed there was no corroboration done as to the validity of the claims by the informant. As we see in the matter at hand Mike Lowell was not acting in a way that would give rise to reasonable suspicion while being followed by Officer Jones.
Mike Lowell observed all traffic signals and laws. In order to stop someone you need reasonable suspicion that they are taking part in a crime. That would require you to have observed activity that would make an officer of the law suspicious of the forthcoming actions of a person.
Officer Jones in this matter failed to observe anything that would be suspicious. Her suspicion came solely from the anonymous tip that was received by the dispatcher.
As we see in the matter of Florida v. The Supreme Court ruled that the fact that the Defendant had a gun was irrelevant because he was not acting in a way that would give rise to suspicion thus the gun had to be suppressed at trial due to a violation of J. Your email address will not be published. The OpenLab is an open-source, digital platform designed to support teaching and learning at New York City College of Technology NYCCTand to promote student and faculty engagement in the intellectual and social life of the college community.
December 16, Re: There are three questions to be addressed in this memorandum. It is required that after a claim for discrimination under Title VII violation that an employer give a valid business justification for this policy.
Sample legal memo assignment examines...
The Lieutenant Reynolds stated the reason being that it would reduce cliques and help with moral. That is a justification that has be used and upheld in court. Also the fact that Officer Jones was bi-lingual shows her ability to speak English proficiently,
Legal memorandum sexual harassment it did not cause a legally cognizable adverse impact upon the terms and conditions of her employment which would have been required for a claim of discrimination under Title VII.
In order to have a claim for Sexual Harassment it must be proved that the conduct by the male officers was extraordinarily severe and repeated.
There is no evidence in this matter that that is the case. The one isolated incident that took place in the male locker room, where two sentences were said to Jones does not rise to the level needed for sexual harassment. The Supreme Court has ruled that any tip made by an anonymous tipster should
Legal memorandum sexual harassment corroborated by other pieces of evidence.
These other pieces of evidence may be a consideration of the totality of the circumstances. Being that the driver of the car gave no reasonable suspicion to the officer and the only suspicion had by Officer Jones is the suspicion she arrived with, it can be concluded that Officer Jones failed to corroborate the evidence of the tipster.
Id at In the matter in which we are analyzing it would be necessary for Officer Jones to establish that the reason for her being fired is her protected status. This was not the case there and nor is it the case here Hence Officer Jones fails to substantiate a claim for discrimination based on the English Only Policy. It is for the above stated reasons that Officer Jones not have a claim for sexual harassment. Leave a Reply Cancel reply Your email address will not be published. The OpenLab at City Tech: A place to learn, work, and share The OpenLab is an
Legal memorandum sexual harassment, digital platform designed to support teaching and learning at New York City College of Technology NYCCTand to promote student and faculty engagement in the intellectual and social life of the college community.
Search by People or Group Type. Whether in New York Officer Jones has a claim for sexual harassment based on the fact that she observed two co-workers observing pornography and when she. Sample legal memo assignment examines if a college student can sue her professor for sexual harassment. harassment memo to your employees on this topic.
Here's an Please note this is also a reminder of our zero
Legal memorandum sexual harassment policy for sexual or any other form of harassment This law applies to all types of work situations.
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Legal memorandum sexual harassment
She is very good friends with another police officer, Sonia Santiago.
Legal memorandum sexual harassment
Constructive discharge due to sexual harassment. Within one month of being hired, Tom Collins approached Tina Campbell asking her to go on a date. She refused, but he continued asking her out. Over several months Tom continued to ask Tina out, occasionally he called her into his office on the pretense of an office meeting which were excuses to ask to see her socially, and he left phone messages on her home phone. She had a confrontation with Tom and returned the roses.
Several coworkers witnessed that confrontation. Tina spoke with her supervisor at West American Securities, Brent Caan, and explained the situation him. Tina has reviewed the company personnel manual, but there is no procedure available to her to address the situation.
Tina has begun suffering from insomnia and has developed a rash. She has seen a doctor who has stated to her that both problems could be caused by stress.
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Do guys like being called cute?! It should be clearly understood that the Sexual Harassment of any employee will McNeil and Company recommends that your local legal representative also. of sexual harassment and misconduct within the Department of Justice. personal leave regardless of whether the activity is legal or tolerated.. Writing Sample (Legal...
She described the conversation as follows: Leave a Reply Cancel reply Your email address will not be published. However in this matter, the behavior of the Appellant was not such that would give reasonable suspicion to conduct a Terry Stop of the individual. Short was ranked high on the list in a number of categories. In the Equal Employment Opportunity Commission issued guidelines prohibiting sexual harassment as a form of sex discrimination and, therefore, a violation of Title VII.
Brown says that he sensed this, and he did not want to push, so he pulled back and left it up to her to initiate contact. Being that the driver of the car gave no reasonable suspicion to the officer and the only suspicion had by Officer Jones is the suspicion she arrived with, it can be concluded that Officer Jones failed to corroborate the evidence of the tipster.
Sexual Harassment Case RE: Constructive discharge due to sexual harassment. Date: March 13, STATEMENT OF FACTS. Tina Campbell had worked as a broker at West American. Klein's attorneys conducted their own investigation of an allegation lodged against the Bronx Democrat by a former IDC staffer. The resulting memo more or less. They have just been served with a complaint in a sexual harassment case . the complaint is contained in the memorandum of law included with this memo.
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