Georgia Berry v.

Sharp Manufacturing - Defendant

You work as an associate in a medium-size law firm which represents corporations in
employment litigation. Part of your duties include interviewing potential clients with a
partner, gathering pertinent information, and providing an analysis of potential
exposure to one of the firm’s partners who will review your work and advise the client.
You recently sat in on an interview with one of the firm’s long-time clients, Jim Sharp of
Sharp Manufacturing. Sharp has recently received a timely charge of discrimination from
the EEOC which was filed by Georgia Perry, a former employee. The partner has already
discussed mediation with the client and has agreed to participate in the EEOC’s
mediation program. The purpose of the meeting was to go over the facts with the client
in order to have a good estimate of potential exposure, if any. The discussion with Jim
Sharp shows the following.
Berry is a 42-year-old African American female who had been employed by Sharp
Manufacturing for a period of 8 years. She is a single mother of four, with three children
in the home ranging from 12-17 years of age. She has her GED. Sharp is a family-owned
company with only one facility. The corporation has a total 198 employees.
Berry was terminated on April 11, 2019 under Sharp’s progressive discipline policy for
two separate safety offenses. The first had resulted in a 2-day suspension and final
warning in December of 2018, and the second offense had occurred in late March of
2019, resulting in her discharge. Sharp’s progressive discipline policy authorizes
termination for two safety offenses within a six-month period. (Berry had never
received any formal discipline except for a couple of verbal counselings for absenteeism
due to sick children).
Both of these write-ups were administered by Production Manager George Becker,
Berry’s supervisor since November of 2018. Becker is white. Becker is new to the Sharp
operations and was brought in to “shape things up”, including production and safety.
Sharp acknowledges that non-African-Americans have committed safety violations in
the past offenses without being terminated, but that was some time ago and under an
old Production Manager who “let things slide”. Berry’s replacement is white.
According to the information on file with the EEOC, since her termination Berry has
been unable to find alternative employment although she indicates she has exercised
reasonable diligence in looking for work by sending out applications and applying with
the State Unemployment Office.
While employed at Sharp, Berry made $25.00 per hour, averaging $60,000.00 annually
with overtime. Also according the EEOC information, Berry states that as a result of her
termination she has extreme emotional distress, including depression, anxiety,
sleeplessness, and weight gain, which was aggravating her diabetes and hypothyroidism.
She has not, however, seen any counselor for these emotional issues, although her
family physician would be available to testify that she has had increased anxiety and he
has prescribed medication for her issues. (Along this line, Sharp indicates Berry has a
number of other personal issues, including an abusive ex-husband, an adult child in jail,
and the others in and out of trouble with juvenile authorities).
On the surface, it appears to you that Berry might have decent case for potential race
discrimination under Title VII. Even though the case won’t go to court for another year,
in order to be prepared for the mediation, and before conducting a legal analysis on the
merits, you want to take a look at the potential exposure under a worst-case scenario
for Sharp. You would really like to show your best work – and possibly “second chair” if
the case doesn’t settle and goes to trial.
Under these facts, calculate what a worst-case damages scenario would be for Sharp
Manufacturing in Berry’s case against Sharp under Title VII. In other words, what is her
“best day in court”? (For purposes of this exercise, do not include attorney’s fees).
Prepare your memo, including the following:

1) TOTAL “WORST CASE” DAMAGES EXPOSURE: $___________

2) HOW DID YOU CALCULATE THIS?

3) WHAT ARE THE COMPONENTS OF YOUR ESTIMATE – BOTH IN TERMS OF LEGAL

ELEMENTS FOR LIABILITY AND MONETARY DAMAGES?