In this two-part assessment, you will write a 2-3-page script for an oral argument presentation from the perspective of the CapraTek defense attorney in the case Capshaw v. CapraTek, as outlined in the multimedia presentation. For the second part of the assessment, you will write a 2-3 page script for an oral presentation by the head of HR at CapraTek to explain the possible changes to HRM policies and practices to improve fairness, productivity, and worker morale as it relates to workplace discrimination.
“I believe in the dignity of labor, whether with head or hand, that the world owes no man a living but that it owes every man the opportunity to make a living.” —John D. Rockefeller, Jr.
This assessment 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 investigation, hiring practice, 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 in this assessment include information and research sources, use of legal language, case mapping, building case strategy, partnering with counsel, and method for oral presentation.
Introduction
In today’s workplace climate, the sexual harassment case between Joanna Capshaw and CapraTek is extremely relevant. It is likely that you will face a similar situation some time in your HRM career and you will need to be prepared to think legally about the facts of the case as well as the arguments from both sides.
Scenario
CapraTek has a long history as a leader in the design and manufacture of computer server components and continues to provide innovative solutions to meet industry needs. They have met the demands of the digital economy by offering a wide range of server products, chassis, and server management tools.
Despite their successes in the marketplace, however, CapraTek has faced some internal challenges. One such challenge involved Joanna Capshaw and her allegations of sexual harassment and her career at CapraTek. Thoroughly listen or read through the multimedia presentation and analyze the issues and legal argument for both sides of the dispute.
Your Challenge
For the first part of the assessment, you will be the attorney from the CapraTek legal department representing the defendant (CapraTek) in the case Capshaw v. CapraTek. You should prepare your opening oral argument for the court proceeding to defend CapraTek.
For the second part of the assessment, you will be the head of HR at CapraTek who will report back to the HR and company leadership about the changes to organizational practices and policies to address the issues identified in this case.
Instructions
Analyze the legal issue(s) raised in the case Capshaw Versus CapraTek using the IRAC case analysis process.
Watch CapraTek: Capshaw Versus CapraTek.
Use LawNerds.com, Inc. (n.d.). The IRAC formula. Retrieved from http://www.lawnerds.com/guide/irac.html
Part 1: Write a 2–3-page script for an oral argument in defense of the organization.
This should be solely from the perspective of an attorney for the organization.
The following is the oral argument format that should be followed:
Facts: Analyze the facts involved in the case, from your side’s perspective.
Issues: Analyze facts or legal principles in dispute in the case.
Rule(s): Identify the law or legislation related to the case that supports your side’s perspective.
Analysis: Apply the identified rule to the issues in your case. Address the weaknesses in your side’s case and consider the opposite side of the case.
Conclusion: Summarize and describe the logical outcome of the case.
Relief Requested: What relief are you requesting from the court, and why?
Part 2: Write a 2–3-page script for the head of HR to make an oral presentation for HR leadership.
This should be solely from the perspective of the head of HR regarding possible changes to HRM policies and organizational practices that would improve fairness, productivity, and worker morale as it relates to workplace discrimination.
Describe the potential impact of a workplace discrimination charge levied at this organization.
Identify related laws or legislation that supports this perspective.
Summarize a logical case outcome.
POINTS TO EDIT
Facts are incomplete. Facts do not state a case for hostile work environment sexual harassment. This is Capshaw’s claim, but these facts don’t suggest such a claim. Be sure to watch my videos posted in Announcements. You can’t leave out facts that have been established.
You did not apply any of the rules. You restated the facts only. Here, you should make an argument that is persuasive. Persuade the judge, in 2 separate arguments (one argument on each issue), why the judge should find in favor of CapraTek on both issues.
This conclusion isn’t making sense to me. Capshaw is not a “prisoner.” You are making more arguments here in the conclusion and RR section. All arguments should be made in the “Analysis” portion of the outline. Here, in Conclusion, you should provide the answers to the issues. Describe here who wins and who loses. You did state the RR (relief requested) correctly asking for dismissal. However, a logical outcome is not stated. Instead, you made additional arguments.
You did not stick to the facts as given. You added a fact that the EEOC was doing an investigation. You did not post the issues in question form.
You made conflicting claims here. You stated, correctly, that sexual harassment has a demoralizing effect. The trouble is, right before that, you stated that the company that condemns this behavior will negatively influence worker motivation. Please clarify
You proposed adjustments, but language is a problem. Use legal terms of art without trying to change them. The term is sexual harassment, not sexual persecution or sexual pestering. Use industry-specific, professional and legal terminology. When correct terminology is not used, meaning is obscured.
You proposed rules that “treat workers responsibly.” This is a good start, but there should be specific rules recommended in order to “propose approaches.” The actual new approaches you recommend should be suggested here.
You attempted to create an oral argument outline, but you did not address the each section correctly. For example, you include argument in different sections; whereas, all argument goes in the Analysis section. Writing is a problem where language uses synonyms instead of established legal terms of art.