You have been hired as a management consultant by a large company to examine the company’s business decisions regarding employee protections. The applicable laws are federal anti-discrimination laws, federal health and safety laws, and employer firing practices related to the employment-at-will (EAW) doctrine.
In response to the three questions below, write a 4–6 page paper in which you do the following:
- Analyze, identify, and explain recent legislation, within the last 10 years, that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state.
- Explain the EAW doctrine and all 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.
- Brenda, a manager, started a blog on the company website for employee grievances. She noticed that a worker was protesting that no Asian American employees had gotten a raise in two years at the company. The worker also criticized how much the CEO made and how the CEO was “out of touch.” Brenda reprimanded the worker. The next day, the worker talked to fellow co-workers about forming a union. Brenda subsequently fired the worker.
- Jason, a department supervisor, requests approval to fire his secretary, Alice. Alice, a devout Christian, has been putting Right-to-Life flyers in the employee breakroom. Alice is also taking time out to pray each day during the busiest time of the morning.
- Brian, the head of the accounting department, refused to sign Lori’s leave request for jury duty. Lori is a tax attorney in his department. Brian wants to fire Lori for being absent without permission during their busiest time—tax season.
- Peter has worked for the company for one 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.
- Determine the federal 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.
Answer preview
There is a straightforward procedure for when federal and state laws conflict with each other. These cases can occur when a state law is in direct contradiction with federal law or agency. They may also occur when local ordinances prohibit or permit acts that are in contradiction to state permission. Cobb (2017) explains that federal law triumphs over or preempts state laws. If the two collide, it is expected that the federal law is implemented over the state law. The constitution provides for such actions in the Supremacy Clause. The clause directs that any conflicting laws from administrative and judicial courts and legislatures are secondary to federal regulations. Furthermore, the supremacy clause upholds the federal constitution above any state constitutions, statutes, and treaties. Both the federal and state governments must remain within the federal constitution’s confines regardless of their desires, ambitions, or actions. But, the state laws are subordinate to the federal regulations, which are equally under the constitution.
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