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It is understood by the student whose Student Number is entered below that this examination is given and the student’s response is made and submitted pursuant to the conditions and provisions of the Honor Code.

 

Student Exam No. ______________

 

UNIVERSITY OF MISSOURI-KANSAS CITY

SCHOOL OF LAW

 

GENDER AND JUSTICE                                                                        Fall 2000

Professor Levit

                                                               FINAL

                                                              (2 hours)

                                                         

                                                            Instructions

 

1.  Read each question carefully and pay close attention to what the question is asking you to do.  Discuss all issues presented by a question. Remember to argue issues both ways.  Do not engage in a discussion of issues not raised.

 

2. I have included all of the facts I think you will need to answer the questions.  If a necessary fact is missing, please identify it in your answer and explain how it affects your conclusion. Nothing is intentionally ambiguous.  If anything about a question appears to be ambiguous, decide what you think is meant, tell me what you think is meant, and answer the question accordingly.  No reasonable resolution of an ambiguity will be penalized.

 

3. Please write legibly, because I can only give credit if I understand what you write. I can also only give credit for answers that are written in the bluebook. Write your exam number on each bluebook you use.

 

4.  Think before you write.  Organize your answer.  You get extra points for clarity and succinctness.  You are penalized for an answer that is disorganized and confusing.

 

5.  This examination consists of 6 pages. It is an open book examination. In answering this exam you may use your casebook, any supplementary materials handed out for class, and any outlines or notes you yourself have prepared, in whole or in part.  You may not use commercially prepared outlines or hornbooks.  The applicable law is the law of this State, the State of Bliss, which consists of all cases and materials in your casebook and any cases or materials discussed in class.

 

6.  TURN IN THIS EXAMINATION WITH YOUR BLUE BOOKS.  It is an Honor Code Violation to copy or photocopy any part of this exam or to fail to turn the exam itself in. Good luck!

Question 1: Multiple Choice

 (10 minutes)

 

Question 2: Essay

                                                (50 minutes)

 

 

            The “feminization of poverty” is a term used to describe the large number of women who live in this situation. Women as a class are growing increasingly poor. Of low income people as a group, the overwhelming majority are women.

 

I. What  (a) social forces and (b) statutes, cases or legal doctrines that we have studied contribute to this phenomenon? 

II. Does feminist legal theory offer any tools for addressing the feminization of poverty?

 

(Note: Please do not spend your time generally describing the various different strands or camps of feminist legal theorists; instead, spend your time specifically drawing on different theorists or theories in relation to the question.)

 

 

            Question 3: Essay

                                                  (50 minutes)

 

            Rochelle Galloway was a packer in the parts department of Generic Motors (GM). Over the course of two years, her supervisor James Ballard repeatedly referred to women as “bitches” and used the “F” word in virtually every other sentence. At one point, when Galloway stepped into the parts department and commented on how hot the area was, Ballard replied it was not hot until she stepped into in. Galloway also alleges that during this time, Ballard bumped her backside with a box of parts on one occasion, looked at her chest during a meeting, asked her about her personal life on several occasions, told her how beautiful she was, and once asked her out on a date (she refused).  Galloway complained to Ballard’s superior, Matt DeAngelis, about the sexual vulgarity that occurred throughout the workplace, stating that the repeated use of this language made her “extremely uncomfortable.”  She also complained that Ballard’s “extra attention” made her nervous. DeAngelis pointed out that Galloway herself had used swear words on occasion in the workplace.  She replied that she was just trying to fit in and that she had not directed her swear words to anyone in particular.  DeAngelis said he would speak with Ballard and tell him to stop swearing in public.  DeAngelis immediately called Ballard in to his office and asked him about the situation.  Then he interviewed several other supervisors to determine the facts.  Finally, DeAngelis held a group meeting with the five supervisors in the department and informed them of the situation, telling them that public swearing and gendered comments were inappropriate.  He referred the supervisors to the posted sexual harassment policy.  He also said that he considered this the one and only warning, and if he heard any more complaints he would be compelled to transfer or fire the subjects of the complaint.  Then he called Galloway into his office and told her how he had resolved matters and if she had any further difficulties, to tell him directly.

 

After this meeting, Ballard steered a wide berth around Galloway, although she claims he glanced angrily at her several times and treated her coldly.  She says he never swore in her presence again.  However, Galloway says that Anne Kessler, a female co-worker, told her that Ballard made comments about the situation to several male co-workers, who passed this information along to Kessler. Since her conversation with DeAngelis, Galloway claims she has been treated unfavorably by co-workers. She believes her co-workers have shunned her, and that, in their informal division of job tasks among themselves, her co-workers have been doing the more complex and interesting job duties, leaving her the more menial tasks such as putting parts in boxes, copying, maintaining files and working the phones. She hesitates going to DeAngelis, because she thinks her co-workers have turned against her.

 

Galloway has come to your office, wondering if she has any legal claims (that we have covered this semester in class)?  Does she?  What defenses might be raised?  How do you evaluate the likelihood of her success on any claims she might make? 

 

 

                                                END OF EXAM.

 

 

 

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