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Human resource

18/08/2020 Client: sathvik2009 Deadline: 3 days

Assignment: Working with your team, create a 1–2-page outline defining how you will present your oral argument.

What You Need To Know: Re-read some cases and familiarize yourself with the key concepts surrounding sexual harassment complaints.

Interactive Learning Module: CONTENT

Review: Review and study the sexual harassment case CapraTek: Capshaw v. CapraTek

Plan: It is recommended that you rehearse your argument with your team and be ready to answer questions about your position in the debriefing.

Discussion Overview

This week's discussion is ungraded and optional. Post any questions or concerns that you have related to the HR Challenge: Oral Argument due next week.

What You Need to Know

This week explores the tasks of constructing and presenting an oral argument. Frequently, human resource professionals must present case facts and fact patterns to executive managers and counselors concerning internal investigations, hiring practices, or workplace issues. How the HRM professional prepares and presents a case provides a platform for employers and counsel to make informed and succinct decisions concerning its viability. Key topic areas this week include information and research sources, use of legal language, case mapping, building case strategy, partnering with counsel, and methods for oral presentation.

This week, your instructor will schedule a conference call meeting time with your team to discuss and refine your oral arguments as you finalize your presentation. Use this meeting to ask the instructor any questions regarding your argument. Your instructor will also assign a conference call meeting time for your team to present its oral argument in Week 7.

Cases

It is recommended that you study the cases this week after analyzing them via the IRAC method, and some cases will be familiar. You shouldn't need outside research for the HR Challenge: Oral Argument as long as you study the resources for this week.
- Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).
  - Focus area: Extending Title VII to sexual harassment.
- Crawford v. Nashville and Davidson County, 555 U.S. 271 (2009).
  - Focus area: Title VII and witness retaliation.
- Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
  - Focus area: Hostile work environment (defense).
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
  - Focus area: Hostile work environment (defense).
- Oral Argument
  
  These articles are for your reference since you read them last week.
- Frey, A. L. (n.d.). Preparing and delivering oral argument [PDF].Appellate Defenders, Inc. Available from http://www.adi-sandiego.com/
  - This is a seminal article on preparing for the different parts of an oral argument.
- National Association of College and University Business Officers. (2010, February 24). Making effective oral presentations. Retrieved from https://www.nacubo.org/Conferences-and-Workshops/Speakers-Corner/Making-Effective-Oral-Presentations
  - This is general information about making oral presentations that should help you prepare your scripts.
- Sexual Harassment
- Branigan, K. S., Nowicki, C. L., Buza, L. A., & Allen, J. S. (2019). Conducting effective independent workplace investigations in a post- #MeToo era.Dispute Resolution Journal, 74(1), 85–110.
  - This article is about investigating sexual harassment.
- No defense for quid pro quo sexual harassment. (2017). HR Specialist: New York Employment Law, 12(12), 1–2.
  - This article defines quid pro quo and how it relates to sexual harassment.
- Remind managers: They have obligation to report harassment or bias they witness. (2018). HR Specialist: Employment Law, 48(5), 3.
  - This article explains the connection between harassment and discrimination.
- Zugelder, M. T., Crosgrove, D. M., & Champagne, P. J. (2018). Sexual harassment prevention after #MeToo: Employers' need to reevaluate.American Journal of Management, 18(3), 104–112.
  - This article illustrates two types of sexual harassment, quid pro quo and hostile work environment, plus the employer defenses.

Review: CapraTek: Capshaw v. CapraTek

Click CapraTek: Capshaw v. CapraTek to review a sexual harassment case that you will analyze for your assignments in Weeks 6 and 7.

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