Simulations 169
SIMULATION FOUR
Sexual Harassment: Cordoza v. Foodservice, Inc., Creative
Marketing Solutions, and Harrison*
JURY INSTRUCTIONS
(Everyone reads)
This exercise examines the issue of sexual harassment in the workplace through a simulated jury
deliberation on a case brought before a civil court. Although the case is fictitious, actions and
parameters have been drawn from recent court cases in the United States. The exercise incorporates
elements not normally allowed or required in jury deliberation and case resolution procedures. Please
follow these instructions for the jury deliberation and process:
1. Elect a foreperson. The foreperson ensures that all jurors have the opportunity to participate in
discussions, keeps the jury focused on the task at hand, and reports on the jury’s recommendations
at the end of the exercise.
170 Simulations
Facts About Sexual Harassment
(Everyone reads)
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of
1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature constitutes sexual harassment when submission to or rejection of this conduct
explicitly or implicitly affects an individual’s employment, unreasonably interferes with an
individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
offensive conduct.
Unlawful sexual harassment may occur without economic injury to, or discharge of, the victim.
The harasser’s conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must
stop. The victim should use any employer complaint mechanism or grievance system available.
Simulations 171
Court Decisions
(Everyone reads)
Meritor Savings Bank v. Vinson
Prior to this 1986 case, sexual harassment was not a specific violation of federal law. In this case, the
Supreme Court ruled that sexual harassment creates a “hostile environment” that violates Title VII of
Harris v. Forklift Systems
Teresa Harris claimed that her boss at Forklift Systems made suggestive sexual remarks, asked her to
retrieve coins from his pants pocket, and joked that they should go to a motel to “negotiate her raise.”
Ford Motor Company
Ford Motor Company settled a class-action lawsuit for $7.75 million, the fourth largest sexual
harassment settlement in the Equal Employment Opportunity Commission’s history, after 1,600 female
Mitsubishi
Mitsubishi Motors agreed in 1998 to pay $34 million to settle lawsuits with 350 women. Their
U.S. Supreme Court Rulings
Recent U.S. Supreme Court decisions on sexual harassment cases indicate that (1) employers are liable
for the acts of supervisors; (2) employers are liable for sexual harassment by supervisors that
culminates in a tangible employment action (loss of job, demotion, etc.); (3) employers are liable for a
172 Simulations
Case for Deliberation*
(Everyone reads)
Plaintiff : Michelle Cordoza
Michelle Cordoza, a former account executive with Creative Marketing Solutions, has filed a sexual
harassment suit against the defendants named below. Before joining Creative Marketing Solutions, Ms.
Cordoza worked in sales and marketing at several firms in another city. As an account executive with
Creative Marketing Solutions, the plaintiff served as a liaison between her employer and several client
accounts, including FoodService, Inc., one of the defendants. Ms. Cordoza’s duties also included
determining clients’ marketing needs, designing proposals and projects to help them reach their
Defendants: FoodService, Inc., John Harrison, and Creative Marketing Solutions
FoodService, Inc. is a distributor of fresh and prepared foods, kitchen equipment, supplies, and related
products to restaurants, cafeterias, and other food service outlets in the United States. The company was
founded in 1965 by William and Henry Creighton and went public in the mid-1990s. FoodService, Inc.
has 755 employees and annual sales of approximately $58 million. The company has a sexual
harassment policy that is discussed with all new employees during their initial orientation session (see
attached document). All employees must certify that they have read and understand the sexual
harassment policy.
* Names, organizations, and situations used in this description are fictitious, although case
elements are consistent with real court cases and documented claims about sexual harassment.
Simulations 173
Case Facts:
Ms. Cordoza alleges that, over the course of eight months, her work relationship with John Harrison
and other employees at FoodService, Inc., involved sexual harassment. She claims that both Creative
Marketing Solutions (her employer) and FoodService, Inc., (Mr. Harrison’s employer) were aware of
this harassment, but failed to take the proper steps to remedy the situation. She has therefore filed for
damages in a civil court.
Ms. Cordoza alleges that the sexual harassment began on Tuesday, November 2, several weeks after
Creative Marketing Solutions and FoodService developed the first marketing program. Mr. Harrison
and Ms. Cordoza attended an evening networking reception hosted by the Chamber of Commerce.
After the event, they went to dinner at a restaurant across the street from the reception hall. According
to Ms. Cordoza’s testimony, Mr. Harrison insisted on paying for dinner. Although she offered several
times to pay for her share of the meal, she finally relinquished because she did not want to make Mr.
Harrison uncomfortable. After dinner, Mr. Harrison walked Ms. Cordoza to her car, with his hand
touching her back as they crossed a busy intersection.
Their working relationship continued, with FoodService, Inc., nearly reaching the market share and
sales objectives it established for the year. Mr. Harrison testified that he was under increasing pressure
to produce better marketing results. He also stated that the firm’s vice president of sales and marketing,
Bob Creighton, had asked him to look for “larger, more professional” providers of marketing and
communications advice, meaning that Creative Marketing Solutions could lose the account. Mr.
Creighton had also questioned Ms. Cordoza’s experience, stating that she looked very young and
probably did not have the expertise to manage a large national account. Mr. Harrison told Ms. Cordoza
about this because he “liked her and wanted to save the account relationship.” She became worried
174 Simulations
In order to appease the vice president, Mr. Harrison talked with several other marketing firms. He also
invited Ms. Cordoza to a company picnic so that Mr. Creighton and other executives could meet her
and feel more comfortable with Creative Marketing Solutions’ work. She accepted the invitation,
hoping that a more casual atmosphere might give her the opportunity to salvage the relationship. The
Saturday picnic was an annual event that started with activities for employees’ children in the early
afternoon. After sunset, the children left, and a band started playing upbeat dance songs. Everyone was
encouraged to sample the “Rum Runners,” a drink made with liquor and fruit juice.
On Monday, Ms. Cordoza talked about the FoodService, Inc., picnic with some of her colleagues at
Creative Marketing Solutions. When she asked if they had encountered similar situations, she learned
that client interactions did occasionally take a sexual turn. Mr. Walters, her supervisor, asked, “Why are
you so sensitive? It’s in everyone’s best interest if you just forget about the picnic and things said about
you. Look, this is a tough business. If you don’t do all you can to keep FoodService, another agency
across town will surely get their contract. We just lost a big account last week. I don’t think Anna and
Joseph would be pleased to know that you botched the FoodService relationship.”
After collecting her thoughts, Ms. Cordoza walked into her supervisor’s office. She explained that
FoodService, Inc. was putting its account into play. Mr. Walters wanted to know why she lost the
account, especially since they had discussed its importance earlier that week. Mr. Walters also inquired
about problems on another account, where once again the advertising production department was
having trouble meeting deadlines that Ms. Cordoza had promised a client. The conversation ended with
Mr. Walters suggesting that Ms. Cordoza start looking for other employment options.
Ms. Cordoza testified that she has not found new employment and is currently under treatment for
depression and anxiety related to the situation. As a result, she filed a civil suit against FoodService,
Inc., Creative Marketing Solutions, and Mr. Harrison, alleging that all three contributed to a hostile
work environment that included little regard for Ms. Cordoza’s rights to a sexual harassment-free
workplace.
Simulations 175
Case Exhibits:
FoodService, Inc.
Sexual Harassment Policy
It is our policy to promote a productive and respectful workplace. We will not tolerate any
employee conduct that harasses, disturbs, or interferes with another employee’s performance or
that creates an offensive or hostile environment. No harassment will be tolerated, including that
based on race, religion, marital status, age, gender, ethnicity, or sexual overtones.
An employee who experiences, witnesses, or learns of a potential violation of this policy must
report it to the Human Resources office or through the confidential employee help line. Any of
the above conduct, or other offensive conduct, may result in employment termination.
I have read the sexual harassment policy and agree to abide by its provisions as a condition of
my employment at FoodService, Inc.
176 Simulations
TEACHING OVERVIEW ON DEER LAKE MARINA: FOREVER
PROUD?
Deer Lake Marina: Forever Proud is a relatively complex role-play exercise that requires students to
complete outside team work and research. The exercise addresses the complicated intersection of
private and public interests in environmental protection. In this exercise, students take part in a meeting
to determine whether Deer Lake Marina should expand and build a restaurant, boating supply store, and
boat repair and service facility on potentially environmentally sensitive land and water. The exercise
requires three small teams representing (1) marina owners, (2) the Deer Lake Forever Proud community
group, and (3) the County Council. Multiple simulations can be run in the same class.
4. Indicate that each team is to develop a position paper and short presentation on its role, stake, and
views on the environmental situation.
5. Instruct teams to work on their position papers and presentations outside of class. Students will
need to conduct research, brainstorm, and create persuasive, concise, and reasoned positions
before attending the meeting. Students will need to learn more about possible arguments for and
against their viewpoints by perusing news articles, government web sites, and other information
sources.
8. If multiple exercises are used in the same class, let each group report to the entire class on the
outcomes and decisions made in its respective meeting.
9. Create feedback mechanisms appropriate for the desired outcome (e.g., grade the papers for
persuasiveness and use of factual information).