Case Summary

ABC Restaurant is a popular seafood restaurant chain with over 10,000 employees nationwide. HR operates out of corporate headquarters in Atlanta, Georgia. Sarah Server is a Server at an ABC Restaurant on the waterfront in Big City, a popular destination for tourists in the northeast. Sarah has worked at the restaurant since March, 2008. Yesterday, you received a call from Sarah on the restaurant’s OEO hotline in which Sarah said she had been sexually harassed by Charlie Cook, a pantry chef at the restaurant. Sarah said about an hour before she called, she had been at the chowder station getting a bowl of soup for a customer when Charlie came up behind her and “humped” her. She was so upset she dropped the soup and burned her hand, and then went to the Manny Manager to tell him what happened. Just before this happened, Sarah had seen Hannah Hostess on her way to the ladies’ room. On her way to Manny Manager’s office in the basement, Sarah passed Barry Busser. Sarah told you she was tired of this happening and management doing nothing about it. Sarah was very upset when she was telling you this story–she was speaking very fast and was nearly hysterical. After calming her down and assuring her that you would investigate, you have a short conversation with Manny Manager. Manny says that Sarah and Charlie are both very good employees, but that Charlie works full-time and it’s harder to find a good pantry chef than it is a server. Sarah works 5-6 6-hour shifts per week. Manny says the restaurant is extremely busy, with at least 40 employees working during peak hours, and he has never seen Charlie do anything to Sarah. On busy weekends, they serve more than 5,000 meals.Case Study Instructions:In Part II of the final project, your group will write a report evaluating whether Charlie Cook sexually harassed Sarah Server based on the legal definitions we have learned and the information contained in the attached summaries of interviews with Sarah Server, Charlie Cook, Hannah Hostess, Manny Manager and Barry Busser, as well as the attached diagram of ABC restaurant.The report of your investigation should be no more than four-5 single spaced pages and should answer the following questions:1. Did Charlie Cook sexually harass Sarah Server? Why or why not? Include all facts and legal rules that support your answer.2. If the answer to question number 1 is yes, who can be held liable and for what specific claims?3. Did this investigation reveal any other information that might trigger an additional investigation? For what?4. What discipline (if any) or other steps would you recommend the employer take as a result of what you learned in your investigation?To receive maximum credit (200 points), you must explain the rules on which you rely in drawing your conclusions, and how they apply to the facts in this case. Good luck!