solution

Ms. Kelly was a waitress at Dominick’s Seafood Restaurant and Steakhouse, a national restaurant chain, at their Seabrook location. She had worked there for three years with no incidents until a new supervisor, Charles Prescott, was hired. As her supervisor, Mr. Prescott had authority to assign her to shifts and take disciplinary action when warranted but had not authority to hire or fire her or any other waitress. Soon after he became her supervisor, she alleges that he engaged in inappropriate behavior including (1) making sexual comments about her clothing and body; (2) telling sexually oriented jokes in her presence; and (3) hanging pictures of nude women in his locker in plain view of Ms. Kelly and other workers.

After about 6 weeks of this behavior, Ms. Kelly complained to Mr. Lucci, the restaurant manager and Mr. Prescott’s boss, about the conduct of Mr. Prescott. Mr. Lucci seemed sympathetic to Ms. Kelly and said he would talk to Mr. Prescott. After that discussion, Mr. Prescott began yelling at Ms. Kelly and criticizing her work in front of other employees. He did not inform her of a mandatory staff meeting required by the home office and as a result she received a written warning advising her that disciplinary action would be taken if she missed another mandatory meeting. He also reassigned her to the lunch shift which generally resulted in lower tips.

Because of these actions, Ms. Kelly quit her job and filed a charge of sexual harassment with the EEOC against Dominick’s Seafood Restaurant and Steakhouse. After an investigation, the EEOC issued a right to sue letter, dated May 29, 2020. Ms. Kelly is now seeking our services to advise her whether she has any viable claims under federal law against Dominick’s Seafood Restaurant and Steakhouse, Mr. Prescott or Mr. Lucci. A copy of Dominick’s Seafood Restaurant and Steakhouse sexual harassment policy is attached. Your answer should consider the following questions plus any other issues that your team identifies as relevant:

QUESTION :

If Ms. Kelly sues in federal court for discrimination under Title VII and Dominick’s Seafood Restaurant and Steakhouse makes a motion for summary judgment (see pages 130-132 of the textbook) what is the likelihood that the court will grant the motion? Your answer must include citation to at least one case decided by the 5th Circuit or a federal district court in Texas to support your answer.