Brief Craiq Vs Mo Agencies

Brief Craiq vs Mo Agencies

Fact:

Craig is working for the Mahoney Group as the branch manger. Her supervisor, Byrd, made a comment about her legs and how she should wear shorter skirts to look better. However, even though Craig did not really care about his comment since she did not want to offend Byrd, the situation did not turn better. She met him for drink because she thought that it was a meeting related to work matter so that they drank wine. Afterward, Byrd asked if she wanted to make love with him, and he would be willing to take off the blue dress that she was wearing. Also, after that, he invited her back to his house to drink more wine, but she refused. Later on she excused herself to go to restroom, but Byrd followed her into the women's bathroom. He grabbed her arms and kissed her. She left the restaurant five minutes after she remained in restaurant when someone walked into the restroom to end the kiss. Her husband knew this incident and urged her to report that but she refused. After that, the incident was not end. He kept finding Craig and asking if she wanted to have sex with him, and he even said she wanted to make love with him, but she denied. After this over and over again, Craig could not bear that and finally reported his conduct to Dawn Zimbleman, but Dawn could not help her. Eventually Craig resigned because of medical problems and stress.

Issue:

Whether Byrd is responsible for the sexual harassment acts of Craig and cause emotional distress to her? Is the Mahoney group responsible for the negligent of investigation?

Rules:

The Mahoney Group and Patricia Roberts are responsible for all claims. Byrd is responsible for all causes of action except for assault and battery claim. all claims include sex discrimination under Title VII, intentional infliction of emotional distress, negligent investigation, assault and battery, negligent hiring supervision and retention, an Arizona state law civil rights claim, retaliation in violation of Title VII, invasion of privacy, defamation and slander, and vicarious liability under a theory of respondeat superior.

Analysis:

I think the Mahoney Group, Patricia Roberts and Byrd should be held liable because Byrd did not get permission or asked Craig before doing such action. Therefore, Byrd is responsible for the sexual harassment acts of Craig. If Craig has left the restaurant right away after Byrd asked about if she wanted to have sex with him, this will show she did not want to have any further relationship with her. But instead of leaving the restaurant, she has chosen to stay. This has give Byrd a signal of "welcome".