Discrimination? Wrongful Termination?

[marstan17]

Recently a company vice-president, acting in accord with what he thought was company policy, discharged a manager of an area telephone exchange, James Dean. Documents revealed that when Dean filed for divorce and moved in with a female co-worker, he was fired on grounds of adultery. Dean filed an abusive discharge suit against the company, contending that he was discharged unfairly, merely because he was living with a female while separated from his wife. He argues this violates federal anti-discrimination laws because the company would not fire single employees who cohabitate. Dean further argues that the company has no right to impose its moral standards on an employee's private life. The vice-president who fired Dean contends that management should be allowed to fire any non-union member that it chooses for any reason. He emphasizes that our society distinguishes adultery from sex between two single adults, and that his company should have the prerogative of doing so as well. He also maintains that he uses of different standards for married and single employees does not violate laws pertaining to discrimination in employment.

What are the issues?

What are the problems?

What is the preferred outcome to each problem?

What are the alternatives?

What are the constraints on the decision?

What should be done and why?

 

[FlaRiptide]

Providing this ocurred in an "At will" state, the employer may terminate the employment for any reason that does not violate Federal law. Federal discrimination laws make it illegal for employers to discriminate against employees and job applicants in any aspect of employment based on age, disability, national origin, race, religion, genetics or sex (gender).

 

[cbg]

Make that, Federal, state or local law.

 

[marstan17]

I understand the At Will points on this question. But would firing the employee for adultery be violating the right to privacy for the employee at all? Since it is an at will type of situation wouldnt it have been better for teh employer to just list work performance or something similar instead of specifically stating "adultery"?

 

[FlaRiptide]

I understand the At Will points on this question. But would firing the employee for adultery be violating the right to privacy for the employee at all? Since it is an at will type of situation wouldnt it have been better for teh employer to just list work performance or something similar instead of specifically stating "adultery"?

This should not matter. Evidently the employer felt that adultery by their employees does not represent a good image for their corporation.

There are no borders between right to privacy and employment. Think about the inappropriate manner of a policewoman posing in her uniform, yet half nude and having the picture becoming public. What if a teacher did a similar photoshoot? Both would be released from their employment in a heartbeat. If you hold a professional position, then you must abide by the professional image even in your personal life.