Reference no: EM133501947

The local American Broadcasting System (ABS) TV News Affiliate in Chesapeake City, in the state of Delmarva, 5PM Broadcast News Cast professional, Amelia (Amy) Zander (News from A to Z, from "AZ") has been promoted to become the 4PM News Cast professional in a large Northeast market, where all of New England will watch the day's first-afternoon news "from A to Z from AZ." AZ departed for her new opportunity and everyone in Chesapeake City, Delmarva, wished her very well and that she would be very missed at her "hometown station." Once she arrived at the ABS New England affiliate, she was introduced to her new audience and began to "build her presence." She visited numerous New England industries, such as the Lobster and Crab Fishing buildings, the nearby harbors of many types of fishermen, the shipping piers, and the nearby fabric mills and grain buildings. There were lots of "wolf whistles" toward AZ as she was escorted around these facilities, but she was a good sport and smiled and thanked all those that "made her feel so welcome." About 3 months into her new job, the ratings were soon to be released and she was asked to meet with the New England Affiliate President, a male in his 70s, in his office, before her 4PM Broadcast. When she entered, the President congratulated AZ on the soon-to-be-released ratings and a bonus and probable raise in pay were "in her future." He then asked what AZ would do for him to ensure the raise and bonus. He then came toward her blocking her way to the door and pinned her body with his body, as she tried to escape. She began to scream and though the President was still able to place his hand under her dress, someone knocked on the door and he pulled away. AZ then ran from the room, notably disheveled, and left to go do her 4PM broadcast. She did her best to not look flustered, even the Makeup Team noticed and tried to get her "fixed up," but it was obvious something traumatic had happened. She went on air, but it did not go well, and the broadcast was cut short, as she ran off stage and out of the building. The Affiliate President was made aware of what AZ had done "on-camera" and came on the broadcast to state that AZ was notified of her good ratings, but that she demanded a much bigger raise and promotion than was offered and that she would sabotage her 4PM Broadcast in retaliation for what she "called a paltry" promotion and raise. When she heard about the allegations against her, she quickly called an old friend, an attorney, from Chesapeake City, and told her friend everything. Her friend said she would represent AZ and then took a sworn statement about what happened. The attorney called the New England Affiliate and let them know the New England Register would be getting the story unless the Affiliate President "went on air" to state the previous sabotage story was a lie, made up entirely by the President to retaliate against AZ because she rebuffed his sexual attempts and ran from the President's Office. The statement says AZ has witnesses outside the President's Office, the Makeup Artists, and others who saw her in her agitated state as she departed the building. The Affiliate President's legal counsel was contacted, and they informed AZ's counsel that it is AZ's word against the President's, but that "something could be worked out," if AZ's counsel did not send the statement to the Register. AZ's future career "was in the balance," as other TV Affiliates would probably not hire AZ. so she agreed not to send the article to the paper. Later, the Affiliate President's counsel offered AZ a large settlement for the incident, but she would be forced to sign a Non-Disclosure Agreement (NDA), never to speak about the incident, in exchange for her raise and promotion, and a location change to a nearby city, but not at the size of the ABS New England Station.

1. As AZ's Counsel, what Title VII legal issue is at issue?

2. What if AZ refused the Offer and demanded her story be printed, even at the expense of her career?

3. What if AZ accepted the NDA Offer, but was always asked about the night "she ran" and why is she now at a smaller city affiliate?

4. As her counsel, what would you advise AZ to accept or not accept regarding the Affiliate President's NDA Offer?