Problem
Imagine that you are the human resources manager for the Oshiana Parks Service, the city government office in charge of maintaining local parks and organizing recreational opportunities in the parks. You have been asked to consider the risk of firing the three employees described below. You're aware of the Florida Whistleblower Act, Fla. Stat. § 448.101-105 Download Florida Whistleblower Act, Fla. Stat. § 448.101-105, and you wonder whether taking action against any of these employees might violate the statute.
Would firing any of these employees potentially generate a valid claim under the statute? Cite to specific provisions of the statute to support your answer. Read paragraphs (I), (II), and (III) of Section 448.102 carefully. Then, read the definitions of the words used in Section 448.102 in Section 448.101 to understand if they apply.
I. Donna Marmalade knows that Mr. Arbor Day, the director of the Parks Service, is the part-time pastor of a large church. She has informed you that she intends to tell the Board of Trustees at his church that he forces workers to mow the grass in large parks all day with no water breaks. She hopes that embarrassing him will force him to change their working conditions.
II. Semolina Knowles, who has a physical disability and uses a wheelchair, has had several interviews with an investigator from the U.S. Equal Employment Opportunity Commission. The EEOC is investigating the Parks Service for violating the Americans with Disabilities Act by demanding that she and other disabled employees pay a $20 fee if they choose not to take a health risk assessment as part of obtaining coverage with the city's health insurance plan.
III. Dan Pheasant, an employee who fixes roofs on park buildings, objected to Mr. Day's announcement that maintenance staff have to bring their own hard hats and heavy-duty gloves to work and the city will no longer provide them. He called you on your cell phone, yelling and threatening to file a complaint with OSHA within 24 hours if the policy is not withdrawn. You asked him to send you his concerns in writing and he refused.