This is the question
TCO E and H. A private high school hires a new Superintendent, George Forester. The school is owned by a local Lutheran Church and is run by a board of directors chosen by church members. Supt. Forester shows up for his first day of work, and sends a memo via intercompany mail to all teachers:
There is a new Sheriff in town - and it is me. As your new leader, I am implementing a dress code that includes no slacks or shorts for women and no earrings for male teachers. Men shall all be clean shaven. Violators will be docked one week's pay; 2nd offenses will result in a one week suspension without pay and 3rd offenses, dismissal. All teachers will address me as "Pastor Forester" or "Amen, Pastor Forester." Teachers who fail to abide by these dictates will be docked two points on their annual evaluations. Amen, Pastor Forester."
That day, one teacher, Anna Seenandfeld had a birthday party at the school, having just turned 40. Her frown at the party showed everyone she was not happy about her party. Pastor Forestor had bought black balloons for her and joked with the other teachers about the "over the hill" teacher. The next day, Pastor Forester goes into the teacher's lounge and calls all non-tenured teachers into his office. He tells them that he has assigned himself to be their mentoring teacher and that effectively immediately they will be evaluated weekly. One teacher, Anna Seenandfelt, begins to cry. Another teacher, Andy DuFrane, rolls his eyes and says, "God! These menopausal women should not be allowed around our students." Pastor Forester goes to Anna and hugs her, offering her a tissue. He pats her gently on the behind and whispers, "Act your age, please." When she pulls forcefully away from him, Pastor Forester assigns her to work Saturday detention for the next three weeks to "toughen her up."
A pregnant P.E. teacher, Lisa Ready, is reassigned by Pastor Forester to a math position (even though she has only three credits in math) because Pastor Forester says this position is "less strenuous for a pregnant lady."
On the 3rd week of detention duty, a student stabs Anna, wounding her severely. Although she survives and recovers, she loses one kidney as a result of the injury. The school doesn't offer health insurance, and Anna incurs over $55,000 for her hospital bills; the student (and his family) is insolvent.
One month later, a parent complains about his student being unable to succeed in his math course due to the teacher's (Lisa's) incompetence, Pastor Forester fires Lisa Ready for her inability to perform her job. Pastor Forester tells Lisa in front of her class of students, and then walks her out of the building; 2 hours later, Lisa goes into premature labor and delivers her first son, who has severe health issues as a result of being premature. The baby's doctor states the cause of early labor as being from "intense duress and undue stress." Lisa's husband's health insurance covers all of the costs of the birth and the baby's care.
Pastor Forester is really not a Pastor. His real name isXXXXX who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. This comes to the attention of the school board, and the President of the Board of Directors immediately fires Pastor "XXXXX XXXXXes" Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth.
TCO E. Pastor Forester claims his firing was illegal because it was based on his being a convicted felon. His contract with the school provides him with defense coverage for any acts he takes while working for the school. Anna and Lisa sue Pastor Forester and the school for sexual harassment and discrimination and Pastor Forester requests the school pay for his defense. Discuss whether Anna and Lisa will be successful in their claim of sexual harassment and discrimination against the school and Pastor Forester. Discuss whether the school illegally fired Pastor Forester. Will the school have to pay for the Pastor's defense? Analyze and defend your answer.
This is my answer
From the examination of facts, Pastor Forrester has committed illegal and discriminatory acts these acts can bring liability to school. The school can be held liable for the acts of Pastor Forrester and may have to pay damages.
Pastor Forrester has committed illegal and discriminatory practices when he addressed Anna Seenandfeld as "over the hill" teacher. He created such an atmosphere in the school that Andy DuFrane called her "God! These menopausal women should not be allowed around our students". Title VII has described "hostile environment" and this was created on the basis of age for Anna.
Further, Pastor Forrester was required to treat a pregnant lady Lisa Ready in the same way as he would treat temporary illness. Instead of assigning light work to her, he assigned especially hard and dangerous work to her. This is Pregnancy Based Discrimination under Title VII.
Under the common law the school can be held liable for damages for pain and suffering inflicted on both the victims. The school can be held liable for medical expenses, future economic loss, past and future domestic care. In case of Lisa Ready, the school will be liable to her for her son's medical and other expenses because of premature delivery. From the perspective of labor laws, the school will be liable under the Work Injury Compensation ACT.
The defenses available to the school are that the board did not know of the antecedents of Pastor Forrester and that the school is a religious private school. The plea that the school did not carry out a background check will not hold in the court of law. And to get protection as a religious school, the school must establish that Anna and Lisa were performing religious duties. This defense will not stand as both Anna and Lisa will be able to establish that they were performing secular duties.
TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name isXXXXX who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately fires Pastor "XXXXX XXXXXes" Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their "less than Christian" behavior in firing him.
The board immediately convenes to discuss "damage control." They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did.
I regret to inform you that the appointment of Pastor Forrester was a fraud on the school. He was an imposter. Unethical and fraudulent means had been used by him to secure appointment.
The appointment of Pastor Forrester as the superintendent of the school had been done by deception. He had presented himself as Pastor Forrester, even though his real name was XXXXX XXXXXes. He was a parolee with convictions for child molestation. His parolee agreement disallowed him from being closer than 1000 feet to any school. He never disclosed his real name or his status as a parolee to the school and instead impersonated as a pastor. His was not an act of good character and the consequences of his continuing in the school could have been disastrous to both the school and the children who study here. Fortunately, his background came to the light of the board and he was immediately dismissed from service. In addition, the board is initiating legal actions against XXXXX XXXXXes and will seek justice in the court of law. Pastor Forrester is wrongly claiming that the board knew of his antecedents because one member Theresa was his aunt knew him and his background. The fact is that the member, Theresa, never disclosed this information during any board meeting.
Please be reassured that Pastor Forrester has been removed from the post of superintendent and your children are safe at school.
www.lawontheweb.co.uk/Personal_Injury/Work_Injury - www.christianrights.org/ - www.leaderu.com/common/sch-choice.html www.acsi.org › Programs › Legal Legislative Serv
Please help I don`t have a lot of time left