Is this a case of unfair discrimination?

Discussion

Before beginning work on this week’s discussion forum, please review the link “Doing_Discussion_Questions_Right,” the expanded grading rubric for the forum and any specific instructions for this week’s topic.

By the due date assigned, submit your answers for two scenarios  to this Discussion Area.  Start reviewing and responding to your classmates as early in the week as possible.  You should review and critique the work of other students as outlined in the expanded rubric by the end of the week .

Select two of the scenarios listed below and explain the best solution for each.  Include comments related to any ethical issues that arise.  You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1 Discrimination

Packages Delivered Quick (PDQ) is a business specializing in delivering packages overnight.  PDQ operates several hubs for aircraft and trucks within the United States.  Andy Earl, a devout member of the Connections religion, was hired six weeks ago as an aviation mechanic at the PDQ hub in Miami, Florida.  The mechanics who work for PDQ are represented by the Teamsters Union.  For the purpose of this question, assume that the Connections religion is legally recognized.  Since Andy lacks seniority and most of the planes arrive and depart at night he was assigned to the night shift, which required him to work on Friday nights.  Andy’s religion prohibits him from working from dusk on Friday until dusk on Saturday, but he did not mention this during his interview.  After Andy was absent on two consecutive Fridays, his manager issued him a written warning.  Andy explained that because he was a member of Connections.  PDQ was required to accommodate him, which means giving him the day off.  PDQ looked into finding a replacement in order to accommodate Andy, but  previous experience showed that using part time and temporary employees as mechanics resulted in additional expenses, increased mistakes and lower efficiency.  The manager informed Andy that he must work on Friday nights.  Andy was terminated after missing work on three additional Friday evenings.  Andy sued PDQ, claiming religious discrimination.  PDQ defended claiming that Andy was fired for excessive absenteeism and not for religious discrimination.

  • Is this a case of unfair discrimination?  
  • How does the union factor into the result?
  • Will Andy succeed in his discrimination suit?  

Explain your answers and support them with relevant scholarly sources.

Scenario 2 – Agency

Pierce Packaging (Pierce) hired Billy Bryant as the Purchasing Manager.  Billy was authorized to enter into contracts to purchase materials for Pierce Packaging.  On many occasions, Billy  contracted to purchase pallets from PalletOne Industries.  Because of a downturn in the economy, Pierce Packaging terminated Billy’s employment on June 30.  On July 9, Luke contacted PalletOne to purchase materials on behalf of Pierce; however, Billy provided a new delivery address, accepted delivery, wrongfully kept the pallets and resold them to a potential new employer at a super low price.  PalletOne was not aware that Pierce terminated Billy.  On July 15, Pierce provided written notice to PalletOne Industries that Billy had been terminated.

  • When was Billy’s express authority to act for Pierce effectively terminated?
  • Did Billy have authority to enter into the contract with PalletOne on July 9?  If so, what type of authority did he have?
  • Is Pierce obligated to perform the July 9th contract?
  • What should Pierce have done differently?

Explain your answers and support them with relevant scholarly sources.

Scenario 3 – Discrimination

Mike’s Pub is a small brewpub located in YOUR STATE.  The business is privately owned and currently has 3 full time employees and 10 part time employees.  Rio, a 40-year-old transgender applicant for a position as a bartender was denied the position.  Rio was highly qualified, with many years of experience in waitressing and bartending; however, Brittany, a 22-year-old college student was hired.  Brittany’s experience included working as a server at Hooters for 1 year.

Research the state laws on non-discrimination in YOUR STATE.   

  • Using federal law and YOUR STATE law, discuss the probable outcome of a discrimination lawsuit based on transgender.
  • Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Class,

Sometimes, people confuse employment-at-will with right to work.  Right to work means that individuals have the right to work for a company without being forced to join a union or financially support a union. In Florida, companies cannot require applicants to join a union as a condition of employment, nor can they fire individuals for joining a union (Fla. Const. Art. 1 Sec 6, 2016). Right to work does not give individuals the right to employment.

I have a friend who works for an organization where the employees just voted in favor of the union.  The union used some poor judgment when trying gain her support for the union.   One tactic included showing up at her home unannounced.   While her company will be forced to deal with the union, she and others who share the same view will not be required to join it.   

Karin

FLA Const. Art. 1 Sec. 6, 2016. Retrieved from http://dos.myflorida.com/media/693801/florida-constitution.pdf

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