Bobby Majikas

Section 005
Mediation

Background/Introductions

I. I am Bobby Majikas and am currently working on behalf of Millicent’s on their legal

team.
II. Millicent’s is a publicly held company who is listed on the NYSE. The company
designs, manufactures, and sells clothing as a part of the high fashion market segment.
They employee over 40,000 people and operate in over 50 countries worldwide.
III. Sofie was hired in January 2011 as a marketing manager for New York’s fashion week.
IV. Millicent’s is an equal opportunity employer and makes all employment decisions
without regard to race, color, sex, religion, national origin, age, handicap or disability,
marital status, veteran status or citizenship status. In addition, Millicent’s does not
tolerate sexual harassment or sex discrimination.

Jurisdiction

I. If the case cannot be resolved through the method of mediation, the case will be taken to
state court. We are not sure at the current moment if the amount of money will exceed
$75,000, which would make the case qualify for a hearing in federal court.

GIRAC Method
I. Goal of the client- Millicent’s wants to avoid taking this matter to trial and would prefer
this case to be settled via mediation. They would like to solve through mediation to avoid
court expenses and bad publicity that would ensue.
II. Issue- Millicent’s brought on two new employees to their marketing team at the same
time. Alphonso was the hiring manager. Sofie is currently being paid 25% less than
Ralphi (The other employee hired). She became aware of this during the company’s
performance reviews. Sofie is claiming that her manager, Alphonso, told her the
difference in pay was none of her business. She also insists that because she brought up
the pay difference that her flexible work schedule was provoked. Following the events,
she is filing a lawsuit for unequal pay and retaliation on foregoing.
III. Rule- Title VII of the Civil Rights Act of 1964- Title VII and Title II prohibit
discrimination against guests, employees, and applicants on the basis of race, color, sex
(including pregnancy), national origin, and religion. Title VII and other federal
discrimination laws also protect employees from retaliation for complaining of
discrimination, filing a charge or assisting in an investigation of discrimination.
Conclusion- Millicents is willing to pay her $80,000 as long as she signs a release of claims and
does not take it to court. If she wants to keep working for the company, they will increase pay
25% and move her to a different office if she so pleases.