Joanna Capella came to work for Educational Books (a small a

Solution Summary

Joanna Capella came to work for Educational Books (a small academic publishing house) in 2000 as an assistant to Arthur Moore, CEO. In 2003, Moore, her mentor, promoted her to vice president in charge of author relations. Her responsibilities included putting scholars under contract to write academic works. From 2003-2005 she failed to sign anyone upper management considered significant. In 2005 she was reassigned to a position as Vice President in Charge of Marketing where her primary duty was to promote the company at book conventions. Upon reassignment, she promptly resigned from the company and brought suit for sexual harassment/constructive discharge.

It is undisputed by either side that Moore and Capella had a consensual sexual relationship which ended in late 2002. It is also undisputed that Mr. Moore stated on two occasions to other executives that Ms. Capella â??was a good lay. Ms. Capella was not present for these statements. It is also undisputed that Mr. Jeffrey Marx, also a vice president, stated in 2004 that she 'only had her job because of her personal relationship with the boss'. Sandy Alder, also a vice president is quoted as saying in front of three subordinates with Ms. Capella present that Capella 'slept her way to the middle.' Lastly, one of these three subordinates, Victor Johnson asked her on an occasion in early 2005 if 'I could sleep with you to get a promotion?' He later apologized and said he was joking.

Educational Book's Executive Handbook has a strong anti-harassment policy. The handbook also provides for a complaint procedure by filing an official complaint which, at the executive level, is sent to Mr. Moore for investigation and action. Ms. Capella did not ever file such a form.

My team represents Capella and will bring suit on her behalf. Outline your arguments citing any articles, or cases.

Here are the positive points:
She was promoted after 3 years
She had a sexual relationship with her boss
He told people on two occasions she was a good lay (but she was not there)
Marx said she only got her job because of her relationship with the boss
Alder said she slept her way to the middle in front of her and three subordinates
One of these subordinates, Johnson, asked her if he could sleep with her to get a promotion
The Executive Handbook has a strong anti-harassment policy
Any complaints would have had to go through Mr. Moore for investigation and action

Negative Issues:
She was promoted a year after the sexual relationship ended
She failed to sign anyone upper management considered significant from 2003-2005
She resigned
She had a consensual sexual relationship
She was not present when Moore told people she was a "good lay"
Johnson later apologized for his comment
She never filed any complaints

Could this be presented as a Title VII sexual discrimination case? I believe this is something we might look at? On the other hand, maybe it could be a state handbook violation contract case as well.