For this assignment, consider the following scenario:
You are the vice president for facilities and planning at a large community college. The supervisor for building and grounds at the college calls Friday afternoon at 2:00 to report that one of the college custodians, Steve Culp, has returned from his lunch an hour late and is sitting on an overturned bucket, refusing the direction of his supervisor to return to work. The supervisor says Culp smells of alcohol and is acting drunk.
The supervisor tells you that while Culp has been sitting on the bucket refusing to work or move, the supervisor has searched the custodian’s locker provided by the college. In the pocket of Culp’s jacket, which the college provides as part of the custodian’s regulation uniform, the supervisor reports finding crack cocaine.
The supervisor indicates that, according to his medical file, the custodian has been hospitalized for inpatient chemical dependency within the last two years utilizing the college’s health insurance. The custodian’s personnel file, which is kept in the human resources office separate from the medical information, contains a Last Chance Agreement dated one year ago, whereby the custodian agreed to termination if found under the influence of alcohol on the job.
Answer the following questions. Type each question and include your answer after each question.
What HR issues do you identify in this scenario?
Does the college have any rights or obligations in this case? Explain.
Cite support for your opinion from this unit’s articles and O’Connor v. Ortega, 480 U.S. 709 (1987), including the page number in the case. After the first full citation of the case in your paper, you can simply say, O’Connor at ___(page number). Review the tab “How to Cite a Case” from the media presentation (linked in Resources). Note that Ortega did not win his case. Consider the majority opinion, which rules.
Is Culp entitled to the same rights that Dr. Ortega tried to argue (but lost) on in O’Connor v. Ortega, 480 U.S. 709 (1987)? Why or why not? Cite support for your opinion from the case.
Does Culp have any justifiable right to privacy regarding his employer-provided jacket pocket? Explain. Cite support for your opinion from O’Connor v. Ortega, 480 U.S. 709 (1987).
Do the rights and obligations of the university outweigh Culp’s? Explain. Cite support for your opinion from the Unit 4 articles and O’Connor v. Ortega, 480 U.S. 709 (1987).
Would it matter if the supervisor found a bottle of beer in the jacket pocket instead of crack cocaine?
Can the vice president and supervisor review information in the medical record and the personnel file, both of which are kept separately in the HR office, since they are the key personnel involved in the possible discipline of Culp? Explain.
Based on all of your information and analysis, will you terminate the custodian or not?
This case has many factors for you to consider before rendering a management decision. Be sure to include:
An evaluation of the applicability of federal statutes and best practices regarding privacy and the obligation of the employer to provide a safe workplace.
An analysis as to whose interests (the university or the employee’s privacy) are paramount in light of the law.
List your sources within the text of your answers and at the end of your paper in current APA style and format. Refer to the How to Cite and Brief a Case media (linked in Resources) if necessary.
