You have been hired as a management consultant by a large company to examine the business decisions of the company in regard to 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 (4-6) 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 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.
- Jason, a department supervisor, requests approval to fire his secretary, Joann. Joann is a devout Christian and was putting out Right to Life flyers in the employee break room. Joann was also taking a lot of time to pray in the workplace during some of the busiest times of day. Jason wants to fire Joann. Can Joann sue for wrongful termination and prevail?
- Jamal, a manager, started a blog on the company website for employee grievances. He noticed a worker was protesting that no employees had gotten a raise in the last year and that the CEO was making a lot of money. Jamal reprimanded the worker and the next day, the employee posted a sign-up sheet on the blog to start a union. Jamal threatened to the fire the employee and, when the employee did not show up for work for a week, fired him. Can the employee sue for wrongful termination and prevail?
- Lori, head of Accounting, refused to sign Brianâ€™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 most busiest time â€“ tax season. Can Brian sue for wrongful termination and prevail?
- Peter has worked for the company for 1 year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working, but his boss is not happy with his performance and wants to let him go. Can Peter sue for wrongful termination and prevail?
3. Determine the law in regard to undocumented workers and whether they are eligible for state workersâ€™ 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.
4. Use the textbook and the University Library to locate at least two other quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources. The textbook for this class is a required source for this assignment.
Your assignment must follow these formatting requirements: This course requires the use of Writing Standards (SWS). Paper requires a cover page and a reference page. Writing Standards is different than APA and other University courses. Please take a moment to review the SWS documentation for details and comply with this requirement.
The specific course learning outcome associated with this assignment is as follows:
Evaluate law relative to workplace discrimination, employment at will, state workersâ€™ compensation eligibility and the Supremacy Clause.