Do you think Ms. Brown Sanders had the basis for a Sexual Harassment suit? Why? I do not think so, because there are a few and limited facts proving that. Sometime witnesses can be handled and these declarations are not reliable and if her suit is true, why she withstands 2 years being abused?
She should have come forth within three months , it seems that this was a retaliation of her getting fired, but I have to consider also regarding this point, sometimes people stay in a bad work condition because they feel afraid of losing their jobs since be able to prove this situation may be difficult.
In this case the determining factor would be that the defendants could prove otherwise, with a record which show the poor work performance, warning , memorandum and files shown that this case has been investigated founding nothing, but the defendants apparently did not have it.
2. From what you know of this case, do you think the jury arrived at the correct decision? If not, why not? If so, why?
I do not think it was a correct decision, the jury should have required more evidences from the accused, like records from the human resources department evidencing reasons for getting her fired, warnings, memorandums and record of poor performance, also they needed to see the procedure when cases like this happen into the company and how the company is able to resolve it and how they investigated this specific case and how they determined there was not sexual harassment.
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3. Based on the few facts that you have, what steps could Garden management have taken to protect itself from liability in this matter?
The Garden management should have provided documented details about when, where, and how Ms. Sanders and basis saying why “her performance had been subpar”, it was an statement really bland. They should have done more research on Ms. Sander’s background and demonstrate, her witness are not reliable.
4. Aside from the appeal, what would you do now if you were the Garden’s top management? I would be concerned about the reputation of the organization, this would solve it through press conference, and however my biggest concern would be how to avoid a repetition of accusations like this.
I would establish personal file for each employee where would keep each reason, date and description of warnings issued for misconduct or poor performance, also would establish clear and specific procedures on how to act, in work situations between employees which require research, with the main rule everything must be recorded in a report signed by the director of human resources.
5. The allegations against Madison Square Garden in this case raise ethical questions with regard to employer’s actions.” Do you agree or disagree with this statement?
Why? I agree, and based on the plaintiff´s accusation, they should have made an investigation and regardless the result should have had and evidence of it, but it was not presentedt, therefore be questioned ethical procedures on these cases.
