Your paper should be 3300 words. To support your findings, you should cite to the applicable federal or state law used in your analysis (cases and statutes). Cite to at least 3 legal cases where the courts have rendered decisions concerning these issues.
First create an account at FindLaw.com from the following link: https://login.findlaw.com/scripts/register?dest=https://caselaw.findlaw.com/. Once you have created your free account, search for the case listed below.
Herawi v. State of Alabama, Department of Forensic 311 F. Supp.2d 1335 (M.D. Ala. 2004)
Using the legal principles identified in Herawa and under Title VII, analyze the matter below to determine if Sam has a valid claim for wrongful termination and retaliation. Did Sam meet his burden of establishing a prima facie case of illegal discrimination? Under Title VII, did the employer engage in any unlawful employment practices? Can Sam support a claim for retaliation under Title VII?
Sam Stevens, a 29-year old Asian man who moved to this country from China, has recently relocated to Detroit. He was hired as a sales representative for a car rental agency in downtown Detroit. He has worked for the agency for four (4) months and there is no probationary period. Sam is an exempt employee. The agency has 20 sales representatives, 15 female and 5 males, and 3 female managers.
All sales representatives are held to the same minimum expectations regardless of assigned shift. Each associate is rated on customer service, number of rental upgrades sold each month, and attendance. In addition, sales associates are required to abide by all company rules and regulations. One of the policies is that requests for vacations must be requested and approved at least thirty (30) days in advance and that vacation cannot be used until after an employee has completed a full six (6) months of employment.
Sam reports to Angel Adams. Ms. Adams is an African American female. Most of the employees in this rental agency location are African American. There are only three (3) Asian employees. All of the managers are African American.
Sam and his co-workers have been getting along well. He is regularly invited to events outside of working hours with some of his co-workers. Many of these activities, parties and happy hours, have been captured in Facebook (FB) postings. Sam and some of the sales representatives in his office are friends on FB. His manager is not friends with her subordinates on FB.
Sam's performance has not fully met expectations. His first quarterly review indicated he was rated as adequate by his customers in the area of customer service. Customers have indicated they cannot understand what he is saying and that he is slow in getting their cars. Sam is unable to upgrade only a few customers. Sam's attendance has met all expectations.
While friendly with Sam, some of his co-workers have complained to the manager that the food Sam brings to work and heats in the microwave is stinking up the office. They have even been heard to make fun of the food he eats. Sam's manager has joked around with some of the employees about this as well.
Sam also noticed that his manager would give some employees (African American females) vouchers they could use to entice customers to upgrade their rental car. Sam was never provided with any vouchers. Sam complained to HR that he never received vouchers to provide customers but nothing ever happened.
Sam has engaged in telling inappropriate jokes in the workplace. No one has complained and, in fact, the employees present participated in the joke telling. His manager has been seen to laugh when this occurs.
Sam requested time off for a trip to New York City for a Chinese celebration. Because he had not worked for the company for at least six (6) months, his request was declined. There was another African American employee who had also been with the company for five (5) months, and Sam learned that this employee was allowed to use vacation time. Both Sam and this employee have the same manager. No other employees were taking vacation during the time Sam requested.
Sam called in sick for three (3) days during the same time he requested vacation time. In accordance with company policy, Sam provided a doctor's note to cover the illness. The note was from a Chinese acupuncturist.
Sam's manager overhead some employees laughing around a computer. When she walked by, she saw the employees were looking at FB. She saw videos on FB of Sam and 3 co-workers making jokes about her. She also saw them looking at photos of Sam at a Chinese celebration in New York City.
Rather than say anything, the supervisor changed Sam's schedule so that he worked a different shift with all new employees. He was assigned to weekend and evening shifts where the volume of work is much greater. Sam contacted HR and advised them of the hardship this schedule change would create for him. HR said there was nothing they could do. Sam accepted the shift change but then began to have trouble arriving to work on time.
After one month on his new schedule, the supervisor terminated Sam without providing any explanation because his employment with the company is at-will.
Sam has filed a claim with the EEOC alleging that he was wrongfully terminated because he is an Asian male. He also alleges his reassignment was in retaliation for talking with HR about work issues.
Bennett-Alexander, D., & Hartman, L. (2015). Employment law for business (8th ed.). New York, NY: McGraw -Hill Education. Hard copy ISBN 13: 9780078023798 / Ebook ISBN 13: 9780077650575