ABC science, concerned about higher and higher health care costs has decided to implement the following changes in their employment relationships with ABC employees:
1. Employees must stop using tobacco products and the company will immediately prohibit on site use of tobacco and will give employees 18 months to "kick their habit" or be dropped from the company's health plan. ABC will pay for a program to stop smoking etc.
2. Employees must meet Federal guidelines for healthy height to weight body fat within 18 months. ABC will provide a gym, nutrition counseling and peer group counseling to assist employees to get within the guidelines. This policy will also have the same consequence as the tobacco policy; employees who do not comply will be dropped from the company health plan.
Write a legal memo outlining the potential causes of action that an employee may have against ABC. What are the strengths and weaknesses of each of the different causes of action? In your opinion; what is the probable outcome of each cause of action? Use Federal and California law in crafting your paper.
Sue works in a warehouse and operates a fork lift. She is one of three women who work in the warehouse, but the only one who operates equipment. Gary, a co-worker; likes to tell jokes and does not limit his topics. She loves his ethnic jokes and sexual themed jokes with the exception of jokes that make fun of women who are mentally challenged (Sue has a disabled daughter). Barbara who works in the office does not like Gary's religious themed jokes and avoids being around him, although when she hears one of his jokes she joins in and laughs. One day Gary tells a sexual joke that also pokes fun at the Chargers and Sue not only gets mad (she is a big Charger fan); she files a sexual harassment claim with H.R. You get to investigate the complaint. Rob, the supervisor, in order to separate Sue and Gary transfers Sue to the night shift which causes her to have significant child care issues with her mentally challenged daughter's care.
What issues can you identify and what advice will you give the company regarding this sudden breakdown in worker relationships? Cite case law that supports your discussion.
A male customer of a sports bar has taken a particular liking to one of the waitresses and always asks to be seated at her station so that she will wait on him. He has spoken to the manager of the bar and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for sexual harassment using the Supreme Court's test for a hostile work environment what will the court most likely rule? Be specific; tell me what the test is and how the facts will fit the test. Also, what advice would you give to the employer prior to these events to establish a possible affirmative defense to her law suit? Again be specific and cite the Supreme Court cases that established the defense.
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Legal Memo
To: ABC Science Management
From: Explain Bot
Date: [Insert date]
Re: Potential Causes of Action and Advice on Worker Relationships
I. Introduction
This memo addresses the potential causes of action that employees may have against ABC Science based on the proposed changes in employment relationships. It also discusses the breakdown in worker relationships and advises the company on how to handle the situation. Federal and California laws are considered in crafting this paper.
II. Potential Causes of Action and Analysis
A. Tobacco Use Policy
1. Cause of Action: Discrimination based on disability (ADA)
Strengths: Employees with tobacco-related disabilities (e.g., addiction, withdrawal symptoms) may argue that the policy discriminates against them.
Weaknesses: Employees may find it difficult to establish a tobacco-related disability that qualifies as a protected condition under the ADA.
Probable Outcome: The outcome will depend on whether the courts determine that tobacco addiction constitutes a protected disability under the ADA.
2. Cause of Action: Violation of the California Labor Code
Strengths: Employees may argue that the policy violates their rights under California law, which prohibits discrimination against employees based on lawful conduct outside of work.
Weaknesses: The policy may be justified if ABC demonstrates reasonable business necessity and a strong connection between tobacco use and job performance.
Probable Outcome: The court will assess the reasonableness of the policy and determine whether it violates the employees' rights under California law.
B. Healthy Weight Policy
1. Cause of Action: Discrimination based on disability (ADA)
Strengths: Employees with medical conditions contributing to their weight may argue that the policy discriminates against them based on their perceived disabilities.
Weaknesses: ABC may argue that the policy's aim is to promote employee health and reduce healthcare costs, rather than discriminating against individuals with disabilities.
Probable Outcome: The court will examine the reasonableness of the policy and determine whether it discriminates against employees with disabilities.
2. Cause of Action: Violation of the California Fair Employment and Housing Act (FEHA)
Strengths: Employees may argue that the policy violates FEHA by imposing discriminatory requirements on employees.
Weaknesses: ABC may argue that the policy aims to promote employee health and does not unfairly discriminate against employees protected under FEHA.
Probable Outcome: The court will analyze whether the policy violates FEHA and, if so, whether a reasonable accommodation could have been granted to employees with disabilities.
III. Breakdown in Worker Relationships
A. Sexual Harassment Claim by Sue
1. Issue: Whether Sue's transfer to the night shift constitutes retaliation and exacerbates her child care issues.
Advice: ABC should thoroughly investigate Sue's sexual harassment claim and take appropriate disciplinary actions against Gary if the claim is substantiated. The transfer decision should be reassessed to ensure it is not retaliatory and does not exacerbate Sue's child care issues. Cite case law: Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton.
B. Waitress's Complaint of Sexual Harassment
1. Issue: Whether the customer's actions constitute a hostile work environment and if the manager's response is appropriate.
Advice: The Supreme Court's test for a hostile work environment requires that the conduct be severe or pervasive to alter the terms and conditions of employment. Given the customer's explicit and unwanted physical advances, it is likely a court would rule in favor of the waitress. ABC should take the waitress's complaint seriously, protect her from further harassment, and address the manager's inappropriate response. Cite case law: Vance v. Ball State University and Meritor Savings Bank v. Vinson.
IV. Conclusion
It is imperative for ABC Science to take necessary measures to ensure compliance with applicable laws, avoid potential causes of action, and address the breakdown in worker relationships. Thorough investigations, appropriate disciplinary actions, and proactive measures to prevent harassment are crucial elements in creating a respectful and legally compliant work environment.
Please consult with legal counsel to obtain comprehensive advice tailored to your specific circumstances and jurisdiction.