Writing Contest

Van Dermyden Makus Law Corporation is hosting a writing contest. Attorneys at VM routinely write detailed, complex, and comprehensive investigative reports.  VM is now giving you, our readers, the chance to have your writing reviewed by the VM Team.

For this edition of our contest, we are playing “Factual Findings Taboo.”  Contestants will need to draft factual findings about the following fact pattern without using any of the “taboo” words.  The winner will receive an autographed copy of Sue Ann Van Dermyden’s book “Conducting Effective Workplace Investigations.”

Instructions

Using 250 words or less, draft factual findings regarding Jan’s claims without using any of the “taboo” words listed below.  Assume the Respondent acknowledged all of his conduct was based on the Complainant’s gender identity and all of the Complainant’s claims are within the scope of the investigation.  Entries will be judged for clarity, conciseness, and whether the factual findings provide the employer with sufficient information to draw their own legal or policy conclusions about the Respondent’s conduct.  Note, we are looking for factual findings only, not analysis.  For example:

  • Finding: Sarah took the cookie from the cookie jar.

  • Analysis: Two witnesses saw Sarah standing nearby the cookie jar, which tends to undermine Sarah’s assertion that she was working in a separate area of the office all day.

Taboo Words

Do not use any of the following words in your findings:

•         Inappropriate

•         Severe

•         Pervasive

•         Harassing/harassed/harassment

•         Bullying

•         Gender Pronouns

•         Discrimination/discriminated

 

Fact Pattern

Assume the following facts are undisputed.  A high-level executive, Johnathan Doe, and his direct report, Jan Richards, worked well together for many years.  That changed when Jan had gender affirmation surgery on March 1, 2019.  Afterwards, whenever Johnathan sent weekly group emails, he changed the recurring opening line of the email from “Ladies and Gentlemen” to “Ladies and Gentlemen, and Jan, and others.”  Johnathan and Jan saw each other approximately twice per month at executive team meetings.  At the end of every meeting, Johnathan would rush to the door and hold it open for Jan stating, “I’m not sure if saying ‘ladies first’ is appropriate, but better safe than sorry.”  During one meeting regarding the company’s efforts to remedy gender-based pay inequities in July 2019, Johnathan asked, “So what do we do about finding data for people like Jan?”  On October 1, 2019, Johnathan declined Jan’s request to be compensated at the same level as Jan’s male colleagues who performed the same job.  Johnathan explained he could not grant the request without being able to reference data showing a gender-based pay disparity that would be applicable to Jan.  Jan filed a written complaint with Human Resources on November 1, 2019, which read in pertinent part: “Johnathan has been inappropriately harassing, bullying, and discriminating against me based on my gender.”

When finished, submit your entry here:

Submissions must be completed by 5:00pm PST on Friday, February 25, 2022.

All submissions will be reviewed by the VM Team. The factual finding draft with the fewest taboo words and most coherent structure and meaning will win!

The winner will receive a copy of Sue Ann Van Dermyden’s “Conducting Effective Workplace Investigations.”