You are the Vice President of Operations for Ted’s, an office supply company that has four locations.
The company is in an at will state and has a handbook setting out policies and procedures with regard to treatment of customers and to each other employee.
One of the Assistant Store Managers is leaving. She recommends that Wanda, a middle age Afro-American, take the position. Wanda is very pleasant with the customers and knows how the store functions, while working as a floating cashier/floor help.
You discuss the possibility of promoting Wanda with the Store Manager, Gary, who is gay. He tells you that he has no problem with Wanda taking the position and believes that she can do well.
You advise Wanda that she is being promoted to be the Assistant Store Manager, initially on a ninety day probationary basis. She is to shadow Gary and eventually work the later afternoon shift as the Assistant Store Manager.
Wanda begins the job quite well. However, there are regular shortages from the registers when she is in charge. The company’s policy is that the manager in charge must compensate the company if the shortages are more than five dollars. Wanda’s team has shortages ranging from ten to twenty dollars several times during the week.
Wanda is also a church goer and believes, as she tells every employee in the store, that gay marriage and the gay life style is a sin against God and that all gays must change their ways. She tells Gary that she can help him transition from a homosexual to a heterosexual orientation. Gary tells her that his life style is none of her business and, more so, is irrelevant to how they do their job.
The Regional Manager comes to you and tells you that Wanda is a disaster and that she should either be terminated or moved back to her original position prior to the end of the ninety day probationary period.
You meet with Wanda and tell her that she has to perform better or else she will lose her job. She tells you that she will but believes that the complaints are due to Gary, because he is gay and anti-Afro-American. You tell her that the issue is not Gary but her performance and the regular shortages at the cash registers.
Things continue badly with respect to Wanda and the shortages continuing as well as Wanda telling co-workers that gays need to repent or face eternal damnation. She also has told customers that the company is hostile to her and to write letters to management, asking that they make her the Store Manager and terminate Gary. Some do send letters to the company.
The Regional Manager now tells you that, as the probationary period is ending, Wanda must be fired. You call Wanda in an advise her that she is being terminated. She says that she wants her pink slip. You tell her that such is not necessary. She then says that this will not be the end. Several days later, she files for unemployment. You go to the hearing and present evidence that she was terminated for cause. She then goes to the EEOC and files a claim of racial discrimination, religious discrimination and hostile work environment The EEOC sends you a copy of her Statement of Charges and asks you to respond. What information and materials do you present to them?
In the meantime, Gary has also contacted a lawyer and has been advised by the lawyer that he should meet with upper management to discuss the problem he had with Wanda and to see whether some form of compensation/arrangement can be worked out as a settlement. If not, he will file a claim with the state EEOC variant on the basis of sexual harassment, specifically due to his sexual orientation.
You are tasked with gathering up information for the EEOC complaint. What information do you need?