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There are several issues here. You need to think about the issues fully and then organize your thoughts. You may have different laws and concepts which may apply. TRY AND REFRAIN FROM STATEMENTS THAT CONCLUDE THINGS TOO QUICKLY. Be thorough….I hate to say that something should be a certain number of pages… just be thorough and explain your reasoning. Cite all of your sources and as a general guideline, I anticipate that this essay will be between 3 and 4 pages.
Assume that Julie McCoy worked on the assembly line of We Love Boats (WLB), Inc, a shipbuilding company. Her supervisor, Merrill Stubbell, twice made extremely offensive sexually based comments about Julie’s anatomy. He also expressed his desire to have contact with her (physically). These comments were made in front of the whole crew on Julie’s late night shift. He also attempted to put his arms around her on one such occasion. Mc Coy had informed Stubbell that she did not appreciate the first comment and that it greatly unnerved her. She told him that it made it difficult for her to look her coworkers in the eye. However, that did not stop him from making the second comment. McCoy filed a complaint with HR. HR looked into the matter and felt that she was overreacting. They said that the comments were made in jest. McCoy put in for a stress leave through her Worker’s Compensation Insurance. While on WC several comments were made about her sexuality by other co-workers at the company. She learned of these when she returned to work after her leave for therapy.
She was again approached by Stubbell and she objected where upon he grabbed her very inappropriately. She fought off the assault and then called the police. A report was done and the evidence showwed the assault on video cameras in the office. She had a three year contract and was terminated for insubordination after the complaints which was one year into her three year contract. During the investigation of the case, McCoy is interviewed. She admitted that she had laughed off the remarks and conduct by Stubbell, that she always thought that he was kidding and that the two had always remained friends after these incidents. However, there was testimony of 11 other female witnesses, all of whom said that they would have been outraged, depressed and upset if these comments had been made to them. Each of them added that while Stubbell never approached them, they had been approached by various other Managers and Supervisors in similar ways. Each complained that she had gone to H.R. but each was advised that this could be harmful to a person’s career.
Does McCoy have a valid WC case? If so, what is she entitled to receive? Does she have a valid breach of contract case? Why or why not?
Assume that the company takes the position that she has a WC case and the WC is the exclusive remedy for her. Are they correct? Which people if any could she sue? Suppose that the case goes to the jury. Assume that the jury reaches the conclusion that McCoy was deeply depressed about the conduct of Stubbell and found it hard to return to work. Assume that they also conclude that the conduct of Stubbell was despicable. They felt he was despicable because Julie testified that when others had complained they were “shut out” from other conversations. Each time she or others entered the room the room went silent and some sarcastic snickering could be heard.
What cause of action or causes of action would be available here and what damages would be available? Please focus on the issues of breach of contract, harassment and worker’s comp.