Junio, Keithlene N.
Human Resource Management
MAR227 April 5, 2024
Legal Factor Case Study
Sheila was a server at an Italian restaurant. Tall and attractive, she liked to, as she put it,
“buzz the boys’ engines.” Among other things, she frequently recreated the Katz’s
Delicatessen scene from the movie “When Harry Met Sally.” Sheila was not a stellar
employee. Attendance problems and anger management issues made her a challenge for
management. On one occasion when she got angry with a chef, Sheila threw a tray of pasta
on the restaurant floor. On what became her final day of employment, she arrived for work
via the restaurant’s glass front doors, which faced a busy street in a tourist area. “It’s 6
o’clock. You’re late,” her manager told her. Sheila responded, “I’m not late. My shift starts at
6, and it’s 6 now.” “No, Sheila, you’re supposed to be ready to serve customers at 6,” her boss
explained. “Your uniform is on your arm. There’s no way you can get your uniform on and be
ready to serve while it’s still 6.” “Oh yeah? Watch me.” Whereupon, in full view of co-workers,
patrons and outside passersby (who were no longer just passing by), Sheila doffed her outer
attire, leaving her temporarily clad in a bra and underwear, and then calmly donned her
uniform. “See?” she said. “It’s still 6, and I’m not late. “That may be true,” said her manager,
“but you’re fired.” Sheila did not go quietly. Instead, she went to the Equal Employment
Opportunity Commission (EEOC) and claimed that she had been subjected to a hostile work
environment based on unwelcome sexual conduct. She also contended that the employer’s
stated rationale for termination (her striptease) was pretextual and that the real reason was
prior internal harassment complaints that she had made (of which there was no
documentation). Her employer figured It had a slam-dunk case and was greatly chagrined to
learn that the EEOC didn’t see things that way. Although agency staff didn’t confuse Sheila
with a Sunday school teacher, they showed much more interest in what they called a
“sexually charged atmosphere pervading the workplace.” The agency interviewed current
and former employees who also asserted that they were victims of sexual harassment.
Faced with the prospect of defending a “pattern and practice” lawsuit against the federal
government, which could bankrupt the company, it chose to settle, making payments to
Sheila and the other “class” members. The total cost hit the six-figure mark
Reference:
Janove, J. (2015, July 15). 5 Wacky Termination Cases—and Their Lessons. SHRM. Retrieved
April 5, 2024, from https://www.shrm.org/topics-tools/news/hr-magazine/5-
wacky-termination-cases-and-lessons