06 Aug LAW& ETHICS 2-2
This assignment consists of two parts.
Part I—Case Studies
Select one of the two case studies given below. Analyze the facts in the scenarios and develop appropriate arguments and recommendations using case law and scholarly sources. Do not copy the case studies into the paper. Cite your sources in APA format on a separate page. Add Part II and submit it to the W2 Assignment 2
Scenario I: Employment Law
Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.
Nickels terminated Smith’s employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual’s status, including sexual orientation, and provides that employees who violate the policy will receive “coaching and/or other discipline, up to and including termination.” Nickels has “zero tolerance” for harassment “regardless of whether such conduct rises to the level of unlawful discrimination or harassment” and treats serious harassment as gross misconduct and grounds for immediate termination.
- Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?
- If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?
Scenario II: Professional Torts
Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.
Accordingly, respond to the following questions:
- Summarize the facts of the case.
- Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.
- Discuss the outcome of the case.
- Explain whether you agree with the verdict. Why or why not?
Part II—Research Paper
This week, you will conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct actual research in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project. Locate a minimum of three scholarly articles related to your topic. Examine the articles and summarize them and how they are related to your topic. Do not use cases at this time, as you will summarize cases in a future assignment. You are encouraged to use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information.
Combine Part I (case studies) and Part II (research paper) into one Microsoft Word document.
Cite any sources using APA format on a separate page.
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