342. Wrongful Discharge. Denton and Carlo were employed at an appliance plant. Their job required them to perform occasional maintenance work while standing on a wire mesh twenty feet above the plant floor. Other employ-ees had fallen through the mesh, and one of them had been killed by the fall. When their supervisor told them to perform tasks that would likely involve walking on the mesh, Denton and Carlo refused because they feared they might suffer bodily injury or death. Because they refused to do the requested work, the two employees were fired from their jobs. Was their discharge wrongful? If so, under what federal employment law? To what federal agency or department should they turn for assistance? (See Employment at Will.)
344. Collective Bargaining. SDBC Holdings, Inc., acquired Stella Doro Biscuit Co., a bakery in New York City. At the time, a collective bargaining agreement existed between Stella Doro and Local 50, Bakery, Confectionary, Tobacco Workers and Grain Millers International Union. During negotiations to renew the agreement, Stella Doro refused to give the union a copy of the companys financial statement. Stella Doro did allow Local 50 to examine and take notes on the financial statement and offered the union an opportunity to make its own copy. Did Stella Doro engage in an unfair labor practice? Discuss. [SDBC Holdings, Inc. v. National Labor Relations Board, 711 F.3d 281 (2d Cir. 2013)] (See Labor Unions.)
read Franchina v. City of Providence. Answer the Critical Thinking Questions.
Franchina v. City of Providence United States Court of Appeals, First Circuit, 881 F.3d 32 (2018).
Background and Facts Lori Franchina, a rescue lieutenant with the Providence Fire Department in Rhode Island, was assigned to work a shift with fellow firefighter Andre Ferro. During the shift, Ferro subjected her to unprofessional sexual comments and conduct. Based on Franchinas account of Ferros actions, fire chief Curt Varone filed an intra-department complaint charging Ferro with sexual harassment. No action was taken. Other firefighters then began to treat Franchina with contempt. She was spit on and shoved and was forced to undergo verbal assaults, insubordination, and other kinds of negative treatment. She submitted forty different complaints of harassment to her superiors. Franchina filed a suit in a federal district court against the city of Providence, asserting that she was subjected to a hostile work environment as a result of her gender in violation of Title VII. The city argued that Franchina presented no evidence to support her claim. A jury issued a verdict in her favor and awarded damages. The city appealed.
Decision and Remedy The U.S. Court of Appeals for the First Circuit affirmed the judgment. The abuse Lori Franchina suffered at the hands of the Providence Fire Department is nothing short of abhorrent * * * . Employers should be cautioned that turning a blind eye to blatant discrimination does not generally fare well under anti-discrimination laws like Title VII.
Critical Thinking
Economic Because ofthe constant harassment, Franchina had to be placed on injured-on-duty status. Later, diagnosed with severe post-traumatic stress disorder and unable to work again as a rescue lieutenant, she retired. What is the appropriate measure ofdamages for this result? Discuss.
Legal Environment What steps might an employer take to avoid the circumstances that occurred in the Franchina case?
