Rick Pitini (“Pitini”) is the owner of a business in Louisville, Kentucky which employs 75

workers. Karin Sopher (“Sopher”) was a saleswoman at Pitini's store. Pitini is a married man

with three children. Sopher is a 35-year-old single woman. Sopher was fired by Pitini on April

1, 2011, for stealing. Pitini had his personal office safe broken into on March 30, 2011, which

contained cash and an NCAA championship ring he received from his friend Tubby Smithy.

Pitini was convinced Sopher broke into the safe as he had a sexual relationship with her for three

years and she knew the combination to his safe.

 

Please, select the answers.

 

 

34. If Sopher applies for a job at another company and the other company calls Pitini for a

reference he should do the following:

A. Give his honest opinion as to why she was fired and say Sopher is a thief who was

fired for stealing

B. Say nothing about Sopher's employment other than the time she worked for him and

her position at his company

C. Lie about why she left so she will get the new job and move on with her life

D. All of the above

E. Take out an advertisement at the KFC Yum Center proclaiming that Sopher is

someone to be loathed more than a Kentucky Wildcat

 

 

35. If Sopher had broken off her relationship from Pitini on March 30, 2011, then she plausibly

can:

A. Make a claim that her First Amendment Right to Free Speech was violated

B. Make a claim that her First Amendment Right to Free Association was violated

C. Make a claim for a hostile working environment

D. Make a claim for quid pro quo harassment

E. Make a claim for intentional infliction of emotional distress for having to see Pitini

dressed in an all-white suit

 

 

36. If Sopher brought a sexual harassment lawsuit and won:

A. She would get money for her loss of earnings.

B. She might get money for emotional distress.

C. She would likely get attorneys’ fees.

D. All of the above

E. B and C

 

 

 

37. If Sopher had slept with Pitini over one hundred times then:

A. She would not have a viable harassment case as her actions were voluntary.

B. She would definitely have a successful harassment case as Pitini was her supervisor.

C. She may have a viable sexual harassment case even though she slept with him dozens

of times.

D. Her claim would be for constructive termination.

E. She should move on and try to date Pervis Ellison.

 

 

38. If Sopher filed a sexual harassment lawsuit which includes allegations that Pitini made sexual

comments then:

A. Her sexual speech at work would never be admissible.

B. Her failure to wear undergarments to work would never be admissible.

C. A and B

D. None of the above

E. She better run for cover from the watchful eye of the FBI as Pitini will give her 40

minutes of Cardinals hell in litigation.