Case Example Analysis



Case Example Analysis


The main facts of this case involve the accountant’s private dealings outside his work premises. The accountant for the City of Boca Grande, Uriah Heep, possesses a desirable work record as well as years of experience judging by the seven tears that he has provided his services to the city. Nonetheless, his work as an exotic dancer especially during the weekends, after discovery by his supervisor, necessitated the need for the City to retrench him based on his activities, which possess the capability to discredit the City. As such, Uriah initiated litigation against the City by suing it in order to receive his job once again.


The main issue as illustrated with the case involves unlawful termination with respect to Employment Discrimination Laws. This is because the Employment Discrimination Laws protects employees within the United States against any form of discrimination by their employer concerning their race, age, sex, gender, nationality, religion, age, disability, affiliation, bankruptcy, genetic details or citizenship condition. Another issue raised within the case involves Due Process Protection. The Due Process Protection, provided by the Fourteenth Amendment, mandates the issuance of a fair sequential procedure before the termination of an employee in a public organization.


The first issue, unlawful termination gains illustration in United States Employment Discrimination Laws. As noted, Employment Discrimination Laws prohibit employers from discriminating employees based on certain criteria. Even though the Constitution does not openly address discrimination in organizations, it outlays certain prohibitions that are necessary for the protection of employees working for the federal government. One provision limiting employee discrimination is the Title VII of the Civil Rights 1964. This provision barricades discrimination within labor firms, agencies of employment and firms practicing commerce between states. The provision bars discrimination against employees concerning race, sex, nationality, religion or color. Adding on, the provision hinders employers from discriminating employees regarding secured traits concerning stipulations, conditions and the freedoms within employment. The second issue, Due Process Protection, provides for fair hearing before termination of an employee. This applies directly to the Constitution’s Fifth Amendment and Fourteenth Amendment, which limit the authority of State and Federal governments to discriminate and violate the rights of an employee. Specifically, the Fifth Amendment bars federal agencies from depriving persons of life, freedom or property devoid of due process. The Fourteenth Amendment bars states from breaching due process privileges and fair protection rights among persons.


With respect to this case, Uriah may actually have a case against the City of Boca Grande based on the City’s violation regarding Due Process and Equal Protection based on the Fourteenth Amendment. Accordingly, since the City fired Uriah without notice or fair trial, Uriah possesses the right of speech in accordance to the rights of Equal Protection and Due Process. As such, the City needs to provide a fair sequential procedure for Uriah’s case to occur and undergo determination in order to discover whether the City violated employment discrimination laws. In addition, since the City of Boca Grande is actually a public agency, the Fifteenth and Fourth Amendment mandate the organization to allow Uriah to go through a Due Process of Law as a privilege before terminating him for his acts. However, concerning unlawful termination, Uriah may actually face difficulties based on the lack of definition regarding his engagements within Title VII of the Civil Rights 1964. As such, the act of firing may receive illustration as not discriminatory. Furthermore, employees are capable of undergoing termination so long as the termination does not provisions provided by Title VII regarding discrimination.


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