Maria Gonzalez is a current employee of eHarbour. Maria was born in Cuba and she immigrated to the United States as a child with her parents. Maria is now a naturalized United States citizen. Maria speaks both fluent English and Spanish, but she does have a Spanish accent. Maria has a bachelor’s degree in business marketing from the University of Florida and worked in advertising for ten years before joining eHarbour. Maria has sent an email to Daniel Hudson expressing concerns that Shawn Hudson has been using derogatory words directed toward her and other female employees of eHarbour. In addition, Maria claims that Shawn Hudson has used derogatory names toward another employee of eHarbour who identifies as transgender. Maria has asked Shawn to stop using the derogatory words, but Shawn continues to call Maria and other employees derogatory names.
In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, addressing whether Maria has a potential claim against eHarbour under Title VII of the Civil Rights Act. Discuss what steps Maria must take to bring an action under Title VII and whether Shawn was acting within the scope of his employment when he used derogatory names against Maria and other employees, and potential damages that Maria could recover. In addition, discuss in the memorandum what steps eHarbour can take to increase diversity awareness and limit potential employment law claims in the future.
