Loretta worked for Minute Dry Cleaners as a cashier, and also did ironing when extra help was needed. Soon after she was hired her boss, John, began to make suggestive comments to her. He complimented Loretta on her clothes and her looks. Several times, when they were in the store alone, John cornered Loretta and told her that she was driving him crazy, and that she just had to date him. Loretta told John that she already seeing someone and backed away.
John cornered her again. He told her that he had waited long enough, and that if she wanted to keep her job she was going to have to “put out.” He grabbed her arm, but she got away to the counter. She told John to keep away from her. He laughed, and asked her what she was going to do. He said he knew she needed the job, because she was fired from her previous jobs for drug problems. If she didn’t get along with him, he would fire her and tell people it was because she came to work stoned.
Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because she was drinking on the job. He referred them to Loretta’s past work record, which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute.
- Questions that are to be addressed in your essay:
- On what basis can Loretta file a complaint? Explain the legislation that may apply.
- What are the steps that Loretta need to take to file a complaint?
- If the case does go to court, what would be the likely outcome and why?
- Suppose when John found out that Loretta had a drug problem he became furious, because he knows that employees with drug problems tend to have higher medical costs. Assume that Loretta had a drug addiction in the past but is not currently using drugs. Could John have fired Loretta for her prior drug problem? Why or why not? Please reference statute(s) or case law to support your opinion.