Please respond to both of these question sets.
Question Set 1
Farmers’ Organic, Inc. (Farmers), located in northern California, produces a variety of organic dairy products including yogurt, butter, and cheese. In the wake of the #MeToo movement, Farmers directed you to create an internal complaint procedure, which you wrote and distributed in record time. The first step of the procedure provides that hourly employees should initially present any and all work-related complaints to their immediate supervisor.
During your lunch break yesterday, you ran into Jennifer, who told you that another hourly employee, Kim, was being sexually harassed by Troy, one of the supervisors in their department, which is not unionized. Jennifer doesn’t want to get on Troy’s bad side and would like you to keep the conversation confidential. She thinks that Kim also wants to avoid antagonizing Troy and would be reluctant to file a complaint.
- Describe what, if anything, you would do after speaking with Jennifer. Identify by name and describe the applicable laws and legal principles.
- If you decide to launch an investigation, explain why you would do so and describe each step in your investigative process. Identify by name and describe applicable laws and legal principles.
- If you decide not to launch an investigation, explain why you would not do so. Identify by name and describe applicable laws and legal principles.
- Describe what, if anything, you would do instead of or in addition to investigating. Identify by name and describe applicable laws and legal principles.
Be sure to provide specific identifying information for the statutes, cases (the name of the case and a citation), and legal principles that you reference.
Question Set 2
Today, Jennifer circled back to you and mentioned that a coworker, Mike, appears to have joined in on the harassment. Mike is a member of the United Drivers Union (UDU), which represents a bargaining unit of Farmers’ drivers.
- Describe what, if anything, you would do after hearing this information about Mike. Identify by name and describe the applicable laws and legal principles.
- If you decide to launch an investigation, explain why you would do so and describe each step in your investigative process. Identify by name and describe applicable laws and legal principles.
- If you decide not to launch an investigation, explain why you would not do so. Identify by name and describe applicable laws and legal principles.
- State what, if anything, you would do instead of or in addition to investigating. Identify by name and describe applicable laws and legal principles.
- Might Mike be entitled to a Garrity warning? If so, explain what that is and why it might or might not apply here.
- Might Mike be entitled to a Loudermill hearing? If so, explain what that is and why you might or might not have that obligation.
- Might Mike be entitled to a Johnnie’s Poultry warning? If so, explain what that is and why you might or might not have that obligation.
- What other rights might Mike have in this process? Identify by name and describe applicable laws and legal principles.
Be sure to provide specific identifying information for the statutes, cases (the name of the case and a citation), and legal principles that you reference.
Please respond to each question in the order in which it appears.