Greif Brothers Corporation, a steel drum manufacturer, owned and operated a manufacturing plant in Youngstown, Ohio. In 1987, Lowell Wilson, the plant superintendent, hired Youngstown Security Patrol, Inc. (YSP), a security company, to guard Greif’s property and “deter thieves and vandals.” Some YSP security guards, as Wilson knew, carried firearms. Eric Bator, a YSP security guard, was not certified as an armed guard but nevertheless took his gun in a briefcase to work. While working at the Greif plant on August 12, 1991, Bator fired his gun at Derrell Pusey, in the belief that Pusey was an intruder. The bullet struck and killed Pusey. Pusey’s mother filed suit in an Ohio state court against Greif and others, alleging in part that her son’s death was the result of YSP’s negligence, for which Greif was responsible. Greif filed a motion for directed verdict. Who won? Explain. Pusey v. Bator, 94 Ohio St. 3d 275, 762 N.E.2d 968 (2002).
The website EEOC.gov should be a bookmarked site for any individual who is working as or plans to work as a manager in a business with more than one (i.e., the owner) employee. This website contains the information that the federal government expects companies and businesses to use and follow with respect to hiring, firing, and disciplining its employees. It explains disabilities, how to handle them, and when to use them in making hiring decisions. It also provides information about "protected classes," in which people must be a member before they can claim "discrimination."
You should plan to visit the EEOC website during this week to help work through this ethical dilemma faced by Paul and Mary, two managers in the company in "The Lemon Tree." Read through the fictional dilemma, and then choose the subject of discrimination discussed therein, planning to debate the ramifications of that with your classmates and your instructor. Some of this seems obvious, but others aren’t as easy to determine as they seem. Your instructor will bring in new and different “twists and turns” as we go along. Read the dilemma, and then let's discuss. (The dilemma is found on the left tree, entitled "The Lemon Tree Dilemma." )
1. What is one aspect of Title VII that has been violated by the company?
2. Which actions by the two employees that call their credibility into question are you allowed, as an employer, to consider? Or, what types of actions are you not allowed to use and why? Are there any you wish you could use?
Remember to support your answers to the questions above with a law or business reason.
|Due By (Pacific Time)
||11/28/2014 12:00 am