Law and ethics

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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

Challenge Against Employer: Potential Outcomes

Arguments for the Employee:

  • The Second Amendment protects the right to keep and bear arms.
  • The employee has a legal permit to carry a concealed weapon.
  • The employer’s policy infringes on the employee’s constitutional rights.
  • The employee faces a heightened risk of crime due to the location and time of work.

Arguments for the Employer:

  • The employer has the right to maintain a safe workplace for all employees.
  • Allowing firearms on company property increases the risk of accidents and violence.
  • The employer’s policy is a reasonable measure to protect employees and visitors.
  • The employee can safely store the firearm in their locked vehicle.

Potential Outcome: The outcome of a legal challenge would depend on the specific laws of the state and the strength of the arguments presented by both parties. Courts have generally upheld employer policies prohibiting firearms on company property, recognizing the employer’s right to maintain a safe workplace. However, there may be exceptions in cases where the employee can demonstrate a compelling need for self-defense.

Supporting Case Law:

  • Castle Rock v. Gonzales (2005): While this case does not directly address workplace firearms, it highlights the limitations of constitutional protections when balancing individual rights with governmental interests.

Scenario III: First Amendment

Sullivan’s Statement and the School’s Action

The First Amendment guarantees the right to freedom of speech, but this right is not absolute, especially in a school setting. Schools have a legitimate interest in maintaining a safe and orderly learning environment.

Sullivan’s statement is likely to be considered a true threat, which is not protected by the First Amendment. The statement was specific, directed at an individual, and placed that individual in fear of imminent violence.

The school’s action of suspending Sullivan is likely to be upheld. The Supreme Court case Tinker v. Des Moines Independent Community School District (1969) established that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” However, this right is not unlimited, and schools can restrict speech that disrupts the educational process or creates a hostile environment.

Given the nature of Sullivan’s statement, which constituted a true threat, the school’s decision to suspend him is likely to be justified

 

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