You have been hired as the HR manager and general counsel for BCG, LLCthe company we first learned about in week 4. To begin your day, you receive a phone call from ACME Mfg.s HR specialist. ACME is considering hiring Jason, a former employee of BCG. ACME wants to know whether Jason was a good employee. You explain to ACMEs HR specialist that it is your first day and you will need to find out about Jasons work history at BCG. The specialist asks that you let her know something by the end of the day. You assure the specialist that you will email her by the end of the day.
You then locate Jasons personnel file and discover that Jason was terminated for punching a customer. You also notice that Jason was being investigated for possible embezzlement, but that the investigation was not completed because of his termination for punching a customer. You wonder what you should tell ACME about Jason. But before you can decide, you are interrupted by your assistant. BCGs COO needs to meet with you. The COO tells you about two instances that have just come to light.
First, Jerrya customer service supervisor in West Tennesseehas alleged discrimination based on BCGs failure to provide a reasonable accommodation for his religious beliefs. Before he was a supervisor, based on his Seventh Day Adventist beliefs, Jerry requested not to work from Friday sundown to Saturday sundown. BCG accommodated this request. But since Jerry was promoted to a supervisor role, it is more difficult to find another supervisor to cover Jerrys occasional weekend shift because there are less people to work for Jerry. BCG has always allowed Jerry to swap his shift with other supervisors. But there was an incident last week where the other supervisor who was scheduled to work for Jerry could not work at the last minute because his grandmother passed away. Jerry did not find another supervisor to cover his shift. Despite not having someone to cover his shift, Jerry nonetheless did not work his scheduled shift.
When meeting with the COOJerrys supervisorto discuss the issue, Jerry requested an accommodation that would guarantee that he would never be scheduled to work Fridays or Saturdays. The COO told Jerry that he would have to speak with BCGs HR manager and general counsel about his request. The COOs desire is to not grant this request. In fact, the COO would like to terminate Jerry because he is tired of dealing with this issue. He asks you if that is ok.
The COO next tells you he received a report yesterday from Mary. Mary is a young cashier in store #34 in Humboldt, TN. Mary recently overheard her immediate supervisor, a co-worker, and a security contractorall malediscussing their desire for her to wear her spring outfits because she looks sexy in them. They also compared her physically to another employee, who they described in a sexually suggestive manner, and debated who was hotter. Lastly, they discussed the sex life of yet another employee. This happened two weeks ago. Mary never returned to work and, thus, was terminated due to absenteeism. Mary called the COO yesterday. She alleged a hostile work environment and wants BCG to settle the matter with her before she sues BCG. In the rising era of #METOO, the COO is worried about liability. He needs your guidance on whether or not Mary has a claim.
As you are finishing your meeting with the COO, a process server arrives. He has a lawsuit to serve on you as BCGs general counsel. You quickly review the lawsuit with the COO and see that BCG is being sued by a former employee, Leon. Leon was a shift supervisor in BCGs freight department (i.e., he supervised the drivers who were transporting goods from BCGs warehouse to BCGs retail stores). Leon worked for BCG from its founding in 1981 until May 2019. Leon was terminated in May 2019. Leon alleges that he was terminated because of age discrimination. He believes that any reason for his termination was a mere excuse for unlawfully firing him due to his age.
In support of his age discrimination claim, Leon offers evidence that his supervisor asked him once at a meeting, “And how many years do you have in here again?” Additionally, during a discussion over one of the company’s policies, the supervisor allegedly asked Leon after he disagreed with the supervisor regarding the policy requirements, “How many years have you worked here?” Lastly, Leon alleges that his co-worker said, Old man. You cant get out of that chair. Why dont you just retire?
The COO tells you that he wants your opinion on the two matters he discussed with you as well as Leons lawsuit. The COO wants your opinion in an email so that he can remember it.
The end of the day has arrived, and you finally have time to decide how to respond to the issues that arose during the day. Please draft the email that you are going to send to the ACME Mfg.s HR specialist and the COO as each requested.
