Critical Review of OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT in JUNKO TOYAMA v HASAK RESTAURANT, INC

Order Description

Writing Cаsе Briеf Assignment:
Seleсt a legal case relevant tо cоurse material and the hospitality industry from one of the web sites included in
the syllabus. Write a 250-word abstract of the case. Simply summarize the case without injecting any of your
own ideas or opinions. The abstract should include the following:
-The Facts
-The issues
-The judge’s decision
-The reasoning (appropriate law, statute, precedent) supporting the decision

Next write a four-to-five-page critical review of the case and the judge’s decision. This assignment should answer the following question: “What do you consider to be the strengths and weaknesses of the case?” This written assignment should include a clear thesis statement supported with appropriate course material or other research. Example: Students may either agree or disagree with the court decision based on other cases or your own understanding of the law. Audience – fellow classmates and instructor.
All written work must be word processed with 12pt type and double-spaced with 1-inch margins. Students will critically analyze each assignment, write concisely and stay within the required length of the assignment

JUNKO TOYAMA v HASAK1 RESTAURANT, INC is a sexual harassment case against an employer (the defendant). The plaintiff, a former waitress at Hasaki Restaurant, alleges that she suffered sexual harassment on various incidences that lead to a hostile work environment. That the incidences complained of are, on May 15, 2012, Carlos peeped at her while she was changing, Carlos on various occasions share sexual messages with female employees, that she was insulted as puta(prostitute in Spanish) and bakayaro (Japanese for stupid)  and catcalled and that on the 20^th of January 2013 Pedro physically sexually touched her with his pelvis. As a consequence, of a hostile workplace, she quit her job. Issues for determination identified by the trial judge included an application for summary judgment by the defendant, whether there was a hostile work environment for the plaintiff due to sexual harassment, whether the hostile work environment was the cause of her quitting and whether Kasaki was the correct defendant. The judge held that the plaintiff’s case did not raise any genuine issues and allowed the motion for summary judgment based on the Fed. R. Civ. P. 56©.

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