Analyzing Recent Federal Legislation Protecting Employees from Discrimination
You have been hired as a management consultant by a large company to examine the business decisions of the company regarding employee protections. The laws applicable are federal antidiscrimination laws, federal health and safety laws, state laws and employer firing practices related to the employment-at-will doctrine.
In relation to the questions below, write a four to six (6) page paper in which you:
1. Analyze, identify, and explain recent legislation that helps to protect employees from discrimination in the workplace. Provide at least two recent federal legislative protections/laws. Provide some insight when the federal legislation conflicts with the state. (Please note, the Title VII of the Civil Rights Act is not an acceptable example for this question)
2. Explain the Employment-at-Will (EAW) Doctrine and ALL possible exceptions to the doctrine. Look at the scenarios below and determine, pursuant to the law, whether the decision to fire the employee is a smart one. Identify why or why not and determine all the possible exceptions per the EAW doctrine that are, might be, or could be applicable if the employee sues for wrongful termination. Be sure to identify the law and explain it. Then, apply the law and answer the question. (All employees below are employees-at-will).
Peter, a department supervisor, requests approval to fire Robert, his secretary. Robert is a devout Buddhist and was putting out Buddhist literature in the employee break room. Robert was also taking a lot of time to meditate in the workplace during some of the busiest times of day. Peter wants to fire Robert. If fired, can Robert sue for wrongful termination and prevail?
Lori, a manager, started a blog on the company website for the company softball league. She noticed a worker, Seth, was protesting that employees were not getting paid enough and that benefits were costly. Lori reprimanded Seth and the next day, Seth posted a sign-up sheet on the blog to start a union. Lori fired Seth a week later when he failed to show to work one day. Can Seth sue for wrongful termination and prevail?
Lori, head of Accounting, refused to sign Brian’s parental leave request. Brian is seeking 12 weeks of paid leave to care for his newborn son and wants to take this time during the busiest time – tax season. Can Brian sue for wrongful termination and prevail?
Jackson has worked for the company for 10 years. He is a researcher and has a rare form of liver disease. The chemicals he works with make his condition worse but, he does not want to stop working. Jackson's health is failing and, it effects his work. His boss, Jerry, is not happy with his performance and, when Jackson failed to show results from his research, fired him. Can Jackson sue for wrongful termination and prevail?
Determine the law regarding undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position. How does the state law conflict with federal immigration law? Support your response.