Meanwhile theres another problem that Kyle just found out about today. Apparently, Mario, an AZAP team leader,
Question:
Meanwhile there’s another problem that Kyle just found out about today. Apparently, Mario, an AZAP team leader, and Katy, an employee on his team, had a brief affair 6 months ago. Their work romance was sparked during the long nights they worked together on a big project (24/7 schedules are a fact of life at AZAP). Katy quickly concluded that their fling was a big mistake and told Mario that it was over almost right away. But Mario didn’t feel the same way and has been badgering Katy to hang out with him. Worse, whenever they encounter one another at work, he tries to make some kind of physical contact, often cornering her when no one is around and trying to caress or kiss her. And, most recently, he’s been texting Katy constantly, sending messages about how much he loves her and, in one case, sending her a nude picture that he took of her during their fling. Totally stressed out, Katy handed Kyle her resignation this afternoon, briefly recapping the 6 months for him. As she was leaving, Katy said that she was on her way to the EEOC to file a sexual harassment charge against AZAP.
Analyze whether Katy has a Title VII tangible action or hostile environment (or both) sexual harassment claim against AZAP based on Mario’s conduct. Your analysis should include responses to the following:
- If you believe that Katy may have a claim, identify that claim and the law upon which it could be based, discuss the elements of the claim, and explain to what extent she could establish each element. To receive points for this part of the question, you must reference a case in the course reading in which a similar Title VII claim was analyzed, providing the full name of the case and the page(s) on which it appears in the textbook. If you believe that Katy would not have a claim, explain your analysis in detail. To receive points for this part of the question, you must reference a case in the course reading in which a similar Title VII claim was analyzed, providing the full name of the case and the page(s) on which it appears in the textbook. If additional information would be helpful to your analysis, explain how and why it would impact your analysis. and What, if any, course of action should AZAP take in connection with Katy’s complaints and resignation?