Could TNI successfully file a motion for summary judgement at this point? EXPLAI
ID: 390674 • Letter: C
Question
Could TNI successfully file a motion for summary judgement at this point? EXPLAIN.
3-8. Motion for Summary Judgment. Rebecca Nichols drove a truck for Tri-National Logistics, Inc. (TNI). On a delivery trip, Nichols's fellow driver, James Paris, made unwel- come sexual advances. Paris continued to make advances dur- ing a subsequent mandatory layover. Nichols reported this behavior to their employer. TNI nevertheless left her with Paris in Pharr, Texas, for another seven days with no alternative form of transportation before sending a driver to pick her up She filed a suit in a federal district court against TNI, alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act. Disputed facts included whether Nichols subjectively felt abused by Paris and whether their employer was aware of his conduct and failed to take appropriate actionExplanation / Answer
Civil Rights Act Title VII played a critical role in the workplace harassment or discrimination case. This title prohibits discrimination from employer on any kind of bias like sex, religion, race, sect, etc. This serves the basis of providing equal employment opportunities to all.
Workplace retaliation is the adverse action taken by an employer, against an employee who had recently complained about workplace harassment or discrimination. In this kind of situation, government has asked the employers to consider the complaint very seriously and take measures to address it. If the employer in turn, takes any action against the employee, the government has given the rights to employee to speak up and file against the retaliation.
This is a clear case of sexual harassment at workplace as well as workplace retaliation. Even though TNI was informed about the sexual harassment of plaintiff, the employer did not take any step to address the same and instead allotted her on a project with James Paris, the molester. So both James Paris and TNI are equally guilty in this case. If TNI plans to file a motion for summary judgment, it will be considered an accused under workplace retaliation and hence, will be punished.