Paper should be approximately 3300 words, excluding title and reference pages. Should respond to each of the claims being raised by the employee and the defenses available to the employer. Must cite the laws that protect or prohibit such conduct, and analyze each element of the cause of action to determine what the outcome may be for each claim. Be sure to include in-text citations, as well as an APA title page, and reference page. Also, be sure to utilize at least 3 court cases and any applicable statutes that apply to the claims being made by the employee. Also utilize at least 2 peer-reviewed sources in addition to the court cases, statutes and class text.
“Expectation Of Privacy”
Company X has a policy that provides the following:
Employees are reminded that all computers issued by the Company, as well as all data and information sent, received, or stored on those computers, remain the property of the Company. Employees should not have any expectation of privacy with respect to information transmitted over, received by, or stored on a Company computer. The Company maintains the rights to monitor, modify, and delete all data that is stored on its computers. A violation of any aspect of this policy may result in disciplinary action, up to and including termination.
Employees should not expect that information on any company computer will be confidential or that they will have any proprietary, privacy, or protected confidentiality right with respect to such information. In order to monitor compliance with this policy and protect its business interests, including the need to prevent any improper use of computers, the company reserves the right to gain access to any information stored in, accessed, used or retrieved by any of its computers.
When employees log into their computer, the following message appears and the employee must acknowledge and accept the warning before access into the system is allowed:
WARNING: This system contains information that is the property of Company X and is for authorized use only. Unauthorized access is prohibited. Activities of users on this system are monitored. Anyone accessing this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, the evidence may be provided to law enforcement officials.
Salrita was recruited by Company X. She and her wife were relocated by the company so that Salrita could accept a senior level position with the company. Salrita was recently terminated because the company did not consider her to be a good fit. She had worked for the company for 15 months and was brought in to turn around a division that had suffered from poor productivity and leadership. During the last year, Human Resources conducted 23 different investigations filed by employees complaining of harassment and discrimination. Employees made statements like the following: “She is such a bitch.” “The dike is never happy.” “She i.
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
Paper should be approximately 3300 words, excluding title and refe.docx
1. Paper should be approximately 3300 words, excluding title and
reference pages. Should respond to each of the claims being
raised by the employee and the defenses available to the
employer. Must cite the laws that protect or prohibit such
conduct, and analyze each element of the cause of action to
determine what the outcome may be for each claim. Be sure to
include in-text citations, as well as an APA title page, and
reference page. Also, be sure to utilize at least 3 court cases
and any applicable statutes that apply to the claims being made
by the employee. Also utilize at least 2 peer-reviewed sources
in addition to the court cases, statutes and class text.
“Expectation Of Privacy”
Company X has a policy that provides the following:
Employees are reminded that all computers issued by the
Company, as well as all data and information sent, received, or
stored on those computers, remain the property of the
Company. Employees should not have any expectation of
privacy with respect to information transmitted over, received
by, or stored on a Company computer. The Company maintains
the rights to monitor, modify, and delete all data that is stored
on its computers. A violation of any aspect of this policy may
result in disciplinary action, up to and including termination.
Employees should not expect that information on any company
computer will be confidential or that they will have any
proprietary, privacy, or protected confidentiality right with
respect to such information. In order to monitor compliance
with this policy and protect its business interests, including the
need to prevent any improper use of computers, the company
reserves the right to gain access to any information stored in,
accessed, used or retrieved by any of its computers.
When employees log into their computer, the following message
appears and the employee must acknowledge and accept the
warning before access into the system is allowed:
WARNING: This system contains information that is the
2. property of Company X and is for authorized use only.
Unauthorized access is prohibited. Activities of users on this
system are monitored. Anyone accessing this system expressly
consents to such monitoring and is advised that if such
monitoring reveals possible evidence of criminal activity, the
evidence may be provided to law enforcement officials.
Salrita was recruited by Company X. She and her wife were
relocated by the company so that Salrita could accept a senior
level position with the company. Salrita was recently
terminated because the company did not consider her to be a
good fit. She had worked for the company for 15 months and
was brought in to turn around a division that had suffered from
poor productivity and leadership. During the last year, Human
Resources conducted 23 different investigations filed by
employees complaining of harassment and discrimination.
Employees made statements like the following: “She is such a
bitch.” “The dike is never happy.” “She is so aggressive.”
“She hates white men.” “She creates drama with her screaming
and yelling.” The company even saw Facebook postings where
employees were complaining about Salrita and making
derogatory comments about her being a lesbian.
Salrita was not found to have illegally harassed or discriminated
against any employee. The court did find that she tended to be
impatient and that she often yelled at employees. She was
coached on her behavior and told that she should be respectful
of all employees at all times. The manager’s supervisor gave
her a rating of exceed expectations in her annual performance
review because the division was now producing as expected.
During the past year, five employees had left the company
because of the leadership of this manager. During some of the
investigations, HR monitored the email account of the manager.
They learned that the manager was actively seeking employment
elsewhere. They also were able to see that she had sent
company reports to her personal e-mail account. In addition,
they found emails where Salrita was complaining that she was
being treated differently because she was a lesbian over the age
3. of 40.
Salrita was very active in the company’s LGBT group and was
politically involved in the community.
Salrita is suing the company for wrongful termination. She
believes she was discriminated against because she is a lesbian
female over the age of 40. She also believes that the company
did not approve of her activities in the LGBT group or her
political activities on behalf of the LGBT community. Salrita
used in her defense that the company news articles produced by
its public relations department highlighted the community
activities of other senior executives who were involved in
United Way or Boys and Girls Clubs but not her activities
because of the community of whose behalf she volunteered,
LGBT. In addition, Salrita wants to bring a claim for invasion
of privacy because of the search of her non-work related e-
mails.
Analyze the claims being brought by Salrita against her private
employers. Do you think she will prevail in her claims of
invasion of privacy concerning HR searching her emails and
discovering non-work related emails? Did she have an
expectation of privacy? Was the company’s search of her
emails reasonable?
Analyzing the facts and the law, do you think she has valid
claims of discrimination against her employer?
Be sure to cite to federal, state, and local laws in your
jurisdiction that analyze the invasion of privacy claims and
whether Salrita had a reason able expectation of privacy.
Also analyze the discrimination claims. Is she able to set forth
a prima facie claim for discrimination? Discuss the burden of
proof for both the employee and the employer.
Include federal, state, or local case law and statutes that apply
in this situation.
You should also include a brief history of the rights being
protected by the laws cited in support of your analysis and the
reason such laws are necessary.
Finally, provide recommendations to the employer if you
4. believe they should have done something differently in the
handling of this matter.