Marwan has worked at Studio Five Theme Park as a character actor portraying a swash-buckling pirate. He does not have an employment contract. He loves his job because of his seniority with the company and all the attention he receives from the guests in the park. Unknown to anyone, his prosthetic leg has no noticeable impact on Marwan's success in this position.
Marwan has become an accomplished flirt with all this attention, and now goes to the extent of placing his hands on the female guests' behinds when posing for pictures. The women he has encountered so far have not complained, didn't seem to mind, or they were taken by such surprise they were not sure how to respond.
One day, Marwan grabbed the breast of one of his fellow female actors who had been recently hired. When she threatened to report him, Marwan told her that he could get her fired if she did not go on a date with him. The fellow employee reported the incident anyway and Marwan was terminated immediately. Marwan contends that he was terminated as a result of physical disability.
Directions:
Research employment law related to hiring/firing and discrimination, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions:
- What civil rights laws may prohibit Marwan's conduct with his fellow co-worker? Do those laws apply to his conduct toward the park guest? Explain both answers.
- Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use.
- What is the legal nature of Marwan's employment? Explain your answers and the terms you use.
- What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them.
- Discuss Marwan's allegation that he is being discriminated against based on his disability and what response Studio Five may have to that allegation. What would each of them have to prove in court?
- If the female employee sues Studio Five Theme Park, what defenses can Studio Five use? Are they liable for Marwan's conduct even if they were unaware of and did not approve of Marwan's actions? Explain your answers and the terms you use.
- If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers?
- What types of company policies, procedure and actions should businesses employ to avoid harassment of their employees?