Discuss why the relevant rule of law should be applied in Ms. Doe’s case.

Thank you for agreeing to assist with our new client on such short notice. Ms. Doe and I just spoke this morning and she is eager to proceed with what we both deem to be a strong case against her employer. I want to file our first pre-trial motion with the court by the end of December and need research from you by —Thursday, May 21st at 9am———I need a 3 (no longer than 4) page Memo summarizing our strongest arguments against Ms. Doe’s employer; don’t worry about defenses her employer may raise (namely her performance review record and other HR documents) as I have another associate working on those issues. What I need from you is a Memorandum of Points in support of Ms. Doe’s hostile work environment claim against her previous employer (someone else is working on potential claims against Dan Jr. the individual). Because you are new to the firm I will provide the format we use here at Attorneys at Law for Internal Memos. INTRODUCTION- Label this section. Provide a short, one paragraph introduction to Ms. Doe’s hostile work environment claim. This should present our claim (issue) to be brought before the court. BACKGROUND FACTS- Summarize the relevant legal facts of Ms. Doe’s case in one paragraph. Please see attached timeline from our client interview as well as a summary of depositions and other pretrial documents. RULE- Cite the rule of law we will argue in this case in one to two paragraphs. I need the applicable CA Employment Law Code on hostile work environment (a CA Jury Instruction will also suffice). I also need two controlling court cases on the matter with a 1-2 sentence parenthetical case summary; Ex (In Harris v. Forklift Systems Inc. (SCOTUS 1993) the Court held…..) ANALYSIS- Discuss why the relevant rule of law should be applied in Ms. Doe’s case. You should reference similarities in other controlling court cases. Please analyze every part of the hostile work environment rule. (Ex. Part of the rule states that the conduct was “intense or continuous.” Find an example in a precedent case of what the court means by “intense or continuous.” Ex.: The Court in Harris reasoned that “intense conduct” could mean, “……) CONCLUSION- Please provide a one paragraph impact statement/summary of our strongest arguments. Timeline of events May 12, 2013: Ms. Doe graduates top of her class at Stanford’s MBA program May 17, 2013: Ms. Doe accepts a position as an associate financial advisor at ABC Financial in Merced, CA. May 30, 2014: Dan Jr., another associate at the firm, approaches Ms. Doe’s office and tells her “You are hot, Pam.” She ignores him and continues on with her work. June 3, 2014: Dan Jr. and Pam are sent to a financial training conference in Dallas, TX. They arrive in Dallas on separate flights, but are seated together at the hotel conference. The company has also booked their hotel rooms next door. June 4, 2014: Dan Jr. approaches Pam with a glass of wine in hand after day two of the conference and tells Pam, “You’re hot.” He then puts his arm around Pam’s shoulders and whispers in her ear, “Why don’t you join me for dinner.” Pam responds, “I am sorry, I am really not interested in hanging out with you outside of work. I also have other plans tonight.” Dan Jr. rolls his eyes and walks off. July 20, 2014: Back at the office Pam reports a relative period of calm after returning from the conference. She is busy working with a new client for the firm in early-mid July. On this date, however, Dan Jr. approaches Pam again and responds, “Pam you are so hot I will not take no for an answer. You will go to dinner with me tonight.” He attempts to grab her shoulder and Pam blocks him, leaving the office. August 1, 2014: Pam walks in to her immediate supervisor’s office (Dan Sr. is a partner in the firm) and reports the conduct expressing her discomfort in working with Dan Jr. Dan Sr. responds with a smile, “Relax. That’s just my son. Hey, he’s a nice kid. Why don’t you just give him a chance.” August 29, 2014: Dan Jr. sends Pam a pornographic email from his personal account to her work email. August 30, 2014: Pam and Dan are scheduled to fly to a conference in Phoenix. Pam expresses her discomfort to Dan Sr. Pam further expresses to Dan Sr. that the thought of having to associate with Jr. makes her physically sick to her stomach and induces intense anxiety August 31, 2014: Pam receives letter of termination from ABC financial in the mail stating she was a probationary employee and her presence at the firm was “not a good fit.” Formating and tips: INTRODUCTION- Label this section as I have, and all sections as I have modeled Provide a short, one paragraph (quarter page) introduction to Ms. Doe’s hostile work environment claim. This should present our claim (issue) to be brought before the court. BACKGROUND FACTS- Summarize the relevant legal facts of Ms. Doe’s case in one paragraph. Please see attached timeline from our client interview as well as a summary of depositions and other pretrial documents. Please DO NOT copy and paste timeline, paraphrase and summarize to fit into one half to 3/4 of a page. RULE- (Actually Copy and Paste this into your rule section before you provide your two cases) 2521A.Hostile Work Environment Harassment—Conduct Directed at Plaintiff—Essential Factual Elements—Employer or Entity Defendant (Gov. Code, § 12940(j)) [Name of plaintiff] claims that [he/she] was subjected to harassment based on [his/her] [describe protected status, e.g., race, gender, or age] at [name of defendant], causing a hostile or abusive work environment. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] was [an employee of/a person providing services under a contract with/an unpaid intern with/a volunteer with] [name of defendant]; 2. That [name of plaintiff] was subjected to unwanted harassing conduct because [he/she] was [protected status, e.g., a woman]; 3. That the harassing conduct was severe or pervasive; 4. That a reasonable [e.g., woman] in [name of plaintiff]’s circumstances would have considered the work environment to be hostile or abusive; 5. That [name of plaintiff] considered the work environment to be hostile or abusive; 6. [That [name of defendant] [or [his/her/its] supervisors or agents] knew or should have known of the conduct and failed to take immediate and appropriate corrective action;] 7. That [name of plaintiff] was harmed; and 8. That the conduct was a substantial factor in causing [name of plaintiff]’s harm *For Plaintiff, fill in our client, Ms. Doe *Again please copy and paste all of Gov. Code 12940 (j) into rule statement of paper (this should take up at least half of a page double spaced) I also need two controlling court cases on the matter with a 1-2 sentence parenthetical case summary; Ex (In Harris v. Forklift Systems Inc. (SCOTUS 1993) the Court held…..) You may use Harris as one of your two case citations. It can be found on page 96 in the workbook. LexisNexis, Finlaw.com, Oyez are just some of many great places to access another case. You may try googling “case law on hostile work environment, sexual harassment” or may reference one of the precedent cases Harris cites to. Please use a SCOTUS case, a US 9th Circuit case or a CA Supreme Court Case that has not been overturned. ANALYSIS- Please number analysis 1-8 and analyze all parts of the CA statute using Ms. Doe’s facts in the timeline. The analysis section should be at least a page long. You must reference the cases in at least 3 out of your 8 pieces of analysis (example you may reference Harris once and the other case twice or any combination of 3 case citations. If you don’t have a case reference do make, use your own logical reasoning to analyze the part of the CA statute that applies to Ms. Doe’s case. Discuss why the relevant rule of law should be applied in Ms. Doe’s case. You should reference similarities in other controlling court cases (minimum 3 references). Please analyze every part of the hostile work environment rule. (Ex. Part of the rule states that the conduct was “intense or continuous.” Find an example in a precedent case of what the court means by “intense or continuous.” Ex.: The Court in Harris reasoned that “intense conduct” could mean, “……) CONCLUSION- Please provide a one paragraph impact statement/summary of our strongest arguments. Please type in Times New Roman and size 12 font. Thank you!!