Discussion Post 1
A. Whistle Blowing
From your reading and lecture this week, give a brief on whistle blowing. Make sure you provide at least one example from the recent past.
B. Read the case and answer the questions - - Palmateer v. International Harvester Company, 421 N.E.2d 876 (1981) Issue: Whether citizen crime fighting is the type of activity that should be protected from adverse employment action? Facts: Ray Palmateer had worked for International Harvester (IH) for 16 years at the time of his discharge. Palmateer sued IH for retaliatory discharge, claiming that he was terminated because he supplied information to local law enforcement authorities regarding a co-worker's criminal activities and for offering to assist in the investigation and trial of the co-worker if necessary. Decision: The court held for the employee, Palmateer. "The Achilles heel of the principle lies in the definition of public policy." The court held that the employer maintains the right to fire a worker at will in cases where no clear mandate of public policy is involved. The court defined public policy as what is right and just and what affects the citizens of the State collectively. "It is to be found in the State's constitution and statutes and, when they are silent, in its judicial decisions. . . The matter must strike at the heart of a citizen's social rights, duties and responsibilities." The court therefore held that there is no concept more important or more fundamental that then one favoring the effective protection of the lives and property of citizens; and while no specific constitutional provision requires a citizen to take an active part in prosecuting crime, public policy favors Palmateer's conduct in assisting the law enforcement agency.
Task
a. Is there a difference between the court's protection of an employee who reports a rape by a co-worker, or the theft of a car, and an employee who is constantly reporting the theft of the company's paper clips and pens?
b. Should the latter employee be protected? Consider that the court in Palmateer remarked that "the magnitude of the crime is not the issue here. It was the General Assembly who decided that the theft of a $2.00 screwdriver was a problem that should be resolved by resort to the criminal justice system."
c. What are other areas of public policy which might offer protection to terminated workers?
Discussion Post 2
A. Pregnancy Discrimination
From your readings on pregnancy discrimination, give a brief on your opinion and understanding about the policies on the discrimination. Also add a note on what changes can be made to them.
B. Case Example: Dothard v. Rawlinson, 433 US 321 (1977)-- Issue: Whether the employer's requirement that prison guards be 5'4 in height and weigh at least 120 pounds discriminates against women in violation of Title VII. -- Facts: After her application for employment as an Alabama prison guard was rejected because the applicant, Rawlinson, failed to meet the minimum 120-pound weight, 5'4 height requirement of an Alabama statute, Rawlinson sued. She challenged the statutory height and weight requirements and a regulation establishing gender criteria for assigning prison guards to "contact" positions (those requiring close physical proximity to inmates) as violative of Title VII of the Civil Rights Act of 1964. The Supreme Court found gender discrimination. Decision: The Court held that Alabama's argument that the requirements have a relationship to strength, a sufficient but unspecified amount of which is essential to effective job performance as a correctional counselor failed because they failed to offer any evidence in justification of the statutory standards. The court said that Alabama could have used a validated test to measure strength directly, but it did not do so.
Task
a) What purpose did the height and weight requirement serve? Do you think it was made to intentionally discriminate against women?
b) How could management have avoided this outcome?
c) In your view, should women's access to male prisoners be limited as described here? Why or why not?
Discussion Post 3
A. Sexual Orientation:
From the readings this week, we learnt about homosexuals and their available protection.
Based on your understanding of this, discuss how we can spread the awareness of different sexual orientation and how to normalize it.
B. Read and decide what you think happened in the case: Eule Ford was a police officer with the City of Pagedale, Missouri, Police Department. After working there for four years, he was appointed Pagedale's Acting Chief of Police. One year later, Leatrice Dowd was appointed Mayor and Alvin Wilson succeeded Ford as Permanent Chief of Police. Ford and Dowd did not have a good relationship; Dowd instituted disciplinary proceedings against him and fired him on several occasions (but the Pagedale Board overturned the decisions each time). After Dowd heard a rumor that Ford was associating with a reputed drug dealer, she ordered that Ford undergo urinalysis testing and told him that failure to comply would result in serious disciplinary actions. The Order requiring the testing stated that Dowd understood this rumor to mean that Ford was involved in "some type of illegal drug use and/or abuse." Ford complied with her order and all tests were found to be negative. However, Dowd's Order remained in Ford's personnel file. When he later left the Department and sought work elsewhere, he was unable to find employment as a result of this Order in his file. Ford filed suit claiming damages as a result of the City's wrongful and vengeful testing program. Ford v. Dowd, 931 F.2d 1286 (8th Cir. 1991)
Discussion Post 4
A. Employee Benefit
Discuss the advantages and disadvantages of employee benefits and write a note about your opinion on it.
B. Read and respond to the question - revie at least one other student's response and comment. If an employer is reorganizing and the liability on its severance benefits plan will result as soon as the transfer of interest is made, can the corporation modify its benefits program to avoid that liability? Sulton v. Weirton Steel Division, 724 F.2d 406 (4th Cir. 1983)
The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.