Law and ethics
Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.
Scenario II—Second Amendment
You accepted a job with Generic Hospital located in your city. The hospital is part of the Well Care system of for-profit hospitals. The employee handbook prohibits employees from possessing firearms on any company property. Generic Hospital is located in an area of town that is known for high crime rates, and you work the second shift, which means you will be leaving work late in the evening. You have a permit to carry a firearm in your car and believe the handbook’s provision violates your rights.
Summarize your state's parking lot laws related to firearms.
If you challenge your employer, which party will prevail? Provide arguments for both sides, determine which party wins, and provide support for your decision.
Scenario III–First Amendment
Sullivan, a student at Shelby County Middle School, learned he received a D in English, which meant he would be required to attend summer school. While in the school library, Sullivan posted on Facebook that his English teacher should be shot. Sullivan also posted a cartoon that showed the teacher's head on a bloody dead body. Three days later, Sullivan's mother instructed her son to remove the post. Before the post was removed, a student printed the post and showed it to the principal, who suspended Sullivan for the last two weeks of school. Law enforcement was not involved in the situation.
Determine whether Sullivan's statement and the resulting action by the school violate the First Amendment. Provide at least one case to support your answer.
Scenario IV – Jurisdiction
Ima Little, 4'2" tall, visited Southern Subs Restaurant (SSR) in Montgomery, Alabama. SSR’s corporate headquarters is located in Savannah, Georgia. Little was three months pregnant and craved a sandwich with anchovies. She took the receipt after ordering her food and reviewed it while walking to a table. Little noticed the receipt contained the words "Fat Midget" printed by customer name. Before she could get to her table, Little stepped in some sauce, slipped, and fell, sustaining injuries to her back and arms. She suffered a miscarriage 24 hours after falling at the restaurant.
Discuss each of the following possibilities for filing a lawsuit, select the best option and support your choice.
Alabama State Court
Alabama Federal District Court
Georgia State Court
Georgia Federal District Court
Sample Solution
Scenario II: Firearms in the Workplace
Summary of State Parking Lot Laws Related to Firearms
State laws regarding firearms in parking lots vary widely. Some states explicitly prohibit firearms on employer property, while others allow them under specific conditions (e.g., locked vehicles, concealed carry permits). It's essential to research the specific laws in your state.
Potential Outcomes of a Legal Challenge
If you challenge your employer's policy, the outcome would depend on several factors, including:
- State law: If your state law explicitly permits firearms in vehicles on employer property, you may have a strong legal argument.
Full Answer Section
- Employer's rights: Employers generally have the right to establish workplace policies, including those related to safety and security.
- Balancing of interests: Courts often weigh the employer's interest in maintaining a safe workplace against the employee's Second Amendment rights.
- Second Amendment rights: The employee could argue that the employer's policy infringes on their constitutional right to bear arms.
- Personal safety: The employee could claim that carrying a firearm for self-protection is necessary due to the high crime rate in the area.
- Workplace safety: The employer could argue that allowing firearms on company property creates a safety risk for employees and customers.
- Company policy: The employer could assert its right to establish workplace rules and regulations.
- Company-provided firearms training: Some employers offer firearms training to employees allowed to carry weapons on company property. This can mitigate safety concerns and strengthen the employer's position.
- Alternative security measures: Implementing security measures such as increased lighting, security guards, or alarm systems can help address safety concerns without infringing on employee rights.