Case Analysis on Employment Discrimination
Case study on employment discrimination in the work place.
should parties in mediation discuss with others what was
discuss during mediation.
So the have the right to breach confidentially in court?
Joan has alleged that Tanya discriminated against her when
Tanya yet again gave Jim, rather than her, a career-building
assignment. Both parties agreed to seek mediation regarding their
case, as an alternative to their dispute. During a very relaxed
joint session, Joan asked Tanya why she had given the assignment to
Jim. Tanya answered that she thought Jim would do a good job and,
as an afterthought, jokingly added “besides…he’s cute.”
Shortly afterward, the mediator asked to meet with Tanya in
separate caucus. The mediator and Tanya did some reality testing on
the strengths and weaknesses of her case.
The case does not settle and Joan requests a hearing at the
EEOC.
Variant 1: In the hearing, Joan wants to testify that Tanya
had said that Jim was “cute.” Can she?
Variant 2: Is there any way the parties could have protected
the confidentiality of the communications they made to each other?
Variant 3: In the EEOC hearing, Joan wants to ask Tanya about
what she said to the neutral in the separate caucus. Can she?
Variant 4: In the hearing, Joan wants to ask Tanya about what
the neutral said to her in separate caucus. Can she?
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