S6: Employment and the Constitution Cal Kulate worked in the accounting departme
ID: 457835 • Letter: S
Question
S6: Employment and the Constitution Cal Kulate worked in the accounting department at the FSPC headquarters in Florida. He started out as a cashier in one of the stores, was promoted to store manager, and was eventually promoted to the accounting department at headquarters in Florida. Cal received numerous outstanding-job evaluations over the years with the company. Cal and his partner, Jim, married recently. Jim now received medical, dental, and other benefits as part of Cal's employment package with FSPC. Cal reported to the director of accounting, Faith Christianson. Cal did not receive a raise for the first time in ten years, after receiving an unflattering performance review from Faith. Other employees heard Faith say, "Same-sex marriages are wrong. The Bible states that marriage should be between a man and a woman." Faith posted Bible verses in the breakroom and at the bottom of her e-mails. Cal reported Faith's behavior to Human Resources, but her behavior only worsened after the report. Cal posted some comments about Faith's behavior on his Facebook page. He asked if other employees had experienced any discriminatory actions by Faith or other managers. Cal commented that the company did not discipline Faith after he reported her behavior; therefore, he believed the company supported sexual orientation discrimination. Cal also posted an unflattering caricature of Faith on his Facebook page. One commenter suggested that Cal report the company to the EEOC. After another employee showed the posts to Faith, she demanded that Cal remove the posts. When Cal refused, he was terminated. One of the employees who worked for Cal, Cybil Wrights, reported Faith's treatment of Cal to the EEOC. Cybil was an at-will employee who had been with FSPC for two years. In response to the EEOC report, Faith terminated Cybil.
Does Cal have a valid federal or state discrimination claim against FSPC? Explain thoroughly.
Did the company violate Cal's First Amendment rights by requiring him to remove information about Faith from his Facebook page? Explain thoroughly.
Does Cybil have any causes of action against FSPC? Identify any such causes and analyze them.
Explanation / Answer
Does Cal have a valid federal or state discrimination claim against FSPC? Explain thoroughly.
I think there is not the demand since FSPC was just trying to give Cal enter the mistake he was making by deviating from the commandments of God (positive point for FSPC). Although the fact that Cal has other beliefs, deciding marry another man; FSPC does not have discriminate him because the Bible also says that with the same yardstick you measure you will be measured, nor must withhold salary increases that by law correspond to Cal (negative point for FSPC). So if Cal gathers enough evidence and witnesses that imply discrimination against him in no salary increases because of discrimination, he can porceder to sue them for discrimination and violation of his rights, since the contract FSPC it is only professional and not personal with Cal (I supose).
Did the company violate Cal's First Amendment rights by requiring him to remove information about Faith from his Facebook page? Explain thoroughly.
Easy and simple to decipher. the company obliges to delete the messages since this could lead to evidence that could help Cal to proceed with a lawsuit. Although we must also think that the company might be trying to guide Cal not to give the company into disrepute. That is to say, there may be clauses in the contract where the external use of company information is prohibited. My recommendation for both is that the gentle words appeased the wrath (this is also the Bible says). If the two want to fix the problem, it is best to apply this little verse since we all know that the word of God is living and active.
Does Cybil have any causes of action against FSPC? Identify any such causes and analyze them.
Cybil has no cause of action against FSPC since he was with them two previous years. He was just an employee at will and in this case there is usually no legal contracts involved.
Well, that is all. I hope my explanation has been useful for you.
Good luck!
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