Reference no: EM132244915

A woman received a score of 3.7 (out of 5.0) from her supervisor on her first performance appraisal. She began to experience severe sexual harassment from a co-worker who was a top performer and well-liked by everyone in the department. She complained about the harassment to her supervisor and to the human resources department on numerous occasions, but the employer never addressed the complaints. On a subsequent performance appraisal the woman received a score of 3.04. The woman was laid off shortly thereafter, with the employer citing the fact that she had the lowest overall performance rating as the basis for the decision. The woman sues. What should the court decide and why?

Your answer must include:

Any relevant legal principles and practical advice on performance appraisals from the reading, cases and lectures;

Any mistakes the employer made in handling the performance appraisal process or any other employment issue;

Any legal claims the employee could raise;

For each legal claim the employee raises:

state the legal rule/prima facie case the employee must establish to prevail AND

identify the facts that support the employee’s legal claims and arguments

Any arguments or legal defenses the employer could raise;

For each argument or legal defense the employer raises:

state the legal elements the employer must establish to prevail AND

identify the facts that support the employer’s arguments