Preliminary Research on this assignment

First Name Last Name

Plaza College

MGT1003 Section 8 – Supervisory Management

Professor Aicha Cesar

Spring 2022

 

 

 

 

 

 

 

Scenario Summary: “Top Gun”, Page 598 from the Textbook.

Sitting in her office late on Friday afternoon, CEO Nancy Warner thought about how happy she was to have the job. “The opportunity to do what I love to do and find ways to make Community Hospital a great place to work has given me purpose in life,” she thought. Community Hospital in rural Oklahoma is the only hospital immediately accessible to the area’s 40,000 inhabitants.

 

Nancy Warner grew up on a farm in the area, went to a local community college to be a nurse, got a master’s degree in health management, and a year and half ago became the CEO of Community Hospital. She loved the opportunity and believed that part of her job was to make employees feel appreciated and enable them to be good employees.

 

Later, on Friday afternoon, Nancy’s good week changed suddenly. HR Director Ted Perry brought to her attention a problem with employee Joe Trosh. Joe, a maintenance worker, had been reprimanded by his supervisor for his tardiness, and during a meeting with HR Director Perry to discuss his attendance problems, HR Director Perry noticed a bulge under Joe’s work jacket. Upon inquiry, Joe stated that he had a permit to carry a concealed handgun. He went on to say that several of his fellow employees were not easy to get along with and on occasion they might “fly off the handle.”

 

He wanted to be prepared just in case something happened. He pointed out most of the maintenance workers were “good old boys” with gun racks in their pick-up trucks that they had parked in the employee parking areas. Joe told HR director Perry and his supervisor, “the law allows me to carry a concealed weapon for self-defense purposes.” Joe Trosh was on occasion had been subjected to “Addiction jokes” from fellow employees. He is Native American and enjoys going to the casino nearby and gambling in general. He speaks often of his gambling pursuits to his co-workers. Some of the hospital employees did not appreciate the presence of a gambling casino at a nearby reservation because the casino provided little tax revenue to the local community yet provided an unhealthy, addictive behavior.

 

Joe had worked for the hospital for approximately five years and was considered to be a competent employee. An investigation revealed that several other Native American employees who visit the nearby casino said they had been “harassed by co-workers” for indulging in an addiction to gambling. Nancy Warner was disturbed about these developments.

 

1. Do you believe that Joe Trosh has the right to carry a concealed weapon in the hospital due to being harassed for visiting casinos?

Part IA: The Purpose of the Report and the Problem

The purpose of the report is to solve the problem of whether or not Joe Trosh has the right to carry a concealed weapon in the hospital as a reason for self-defense against discrimination and harassment from the staff of a rural hospital in Oklahoma. According to the U.S. Equal Employment Opportunity Commission, harassment is “ PLACE A STATEMENT FROM https://www.eeoc.gov/harassment

The Equal Employment Opportunity Commission outlined that “harassment ’’ on the basis of race/color discrimination means [Write in your own words the EEOC definition for harassment here. Check this link to help you explain the definition. https://www.eeoc.gov/racecolor-discrimination ]

Hirsch (2018) stated regarding the impact of discrimination on , “Write a statement from the Hirsch Article here. Check out this link for help: https://www.shrm.org/ResourcesAndTools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/taking-steps-to-eliminate-racism-in-the-workplace.aspx

Harassment based on stereotypes can affect an organization’s decision making process in many ways such as [Write in your own words haw harassment based on stereotyped can affect an organization’s decision making process.]

It is important for managers to have knowledge of the Second Amendment right to bear arms and U.S. Supreme Court Cases that examined this issue because it will protect the hospital from legal issues [Mention the name of a U.S. Supreme court case on the Second Amendment Right to bear arms. See this link for more information: https://www.law.cornell.edu/wex/second_amendment ]

A potential legal issue the Supervisor must consider is how to handle discipline decisions that involve employees who have experienced discrimination through harassment by co-workers. According to the Oklahoma Self-Defense Act, it is “ Place a quote from the Oklahoma Self-Defense Act. See this link for more information of the Oklahoma Defense Act or page 4 of the lecture notes on Part 1 A of the research project.”

Part 1B The Research Experience

To perform my research, I began with online research. I used Google and searched for articles on [Write the various topics or issues that were discussed about the case scenario here.]. I have found five sources that were helpful in completing my report. The article [write the name of an article either listed in 1A or found by you that discusses one of these topics: right to bear harms, discrimination or harassment based on discrimination], explains that [finish this sentence with a short explanation of the article.] The article, [mention the name of the article] is useful for Part II and Part III of my report because [Give a final reason why this article will be help for writing the recommendation section of the research project].

The Cornell Law School websites provide information for [ write an explanation on how this website is helpful] . This resource will be useful for Part IV, when I’m making my personal perspective.

I also found it helpful to read [name the statue for the Oklahoma Defense statute and why it will be useful for your research]

My last resource is the Equal Employment Opportunity Commission. This website explains in detail the legal issues of [write the legal issues here and how this information is helpful for research]

 

 

Part II: Relevant Research Pertinent to Solving the Problem (one to two pages)

Please delete the questions written in bold after writing your responses.

Question 1.: What is Title VII of the Civil Rights Act of 1964?

 

SOURCE. Facts About Race/Color Discrimination

The U.S. Equal Employment Opportunity Commission

 

https://www.eeoc.gov/fact-sheet/facts-about-racecolor-discrimination

Question 2: Who enforces Title VII discrimination in the workplace?

SOURCE 1; Title VII and Employee Rights

Justia

https://www.justia.com/employment/employment-discrimination/title-vii/

SOURCE 2: Title VII Changed the Face of the American Workplace, By Tamara Lytle May 21, 2014

 

https://www.shrm.org/hr-today/news/hr-magazine/pages/title-vii-changed-the-face-of-the-american-workplace.aspx

 

QUESTION 3: Does Joe Trosh have a possible claim of workplace discrimination?

SOURCE: Work Place Fairness

Racial Harassment

https://www.workplacefairness.org/race-harassment#6

 

QUESTION 4: What is the Second Amendment of the U.S. Constitution?

 

SOURCE: Legal Information Institute

https://www.law.cornell.edu/wex/second_amendment

 

 

 

QUESTION 5: Does the U.S. Supreme Court hold that state regulations regarding the possession of hand guns is a violation of the 2nd Amendment or not?

SOURCE 1: The Legal Information Institute

https://www.law.cornell.edu/wex/second_amendment

 

SOURCE 2: Oyez

https://www.oyez.org/cases/2015/14-10078

Caetano v. Massachusetts (2016)

 

QUESTION 6 : Joe Trosh feels that the Second Amendment gives him the right to carry a gun into the workplace as self-defense to a claim of workplace harassment based on stereotypes. Is he correct based on case rulings form the U.S. Supreme Court or is there no definitive answer to this question from the U.S. Supreme Court?

SOURCE: SCOTUSBlog. Independent News & analysis of the U.S. Supreme Court

Lyle Denniston, March 21, 2016

https://www.scotusblog.com/2016/03/the-second-amendment-expands-but-maybe-not-by-much/

 

QUESTION 7: Is Trosh’s claim that the Oklahoma Defense Act gives him the legal right to carry a concealed weapon into the hospital as an act to self-defense correct? In other words, does th Oklahoma Self Defense Act provide clear guidelines on where he can and cannot carry his hand gun?

Here are sections of the Oklahoma Self-Defense Act that can guide you to answer this question.

Recommended sources:

1. Oklahoma Defense Act

https://www.ok2a.org/wp-content/uploads/2019/11/2019_SDA_Law_Book-_FINAL_09172019_with_COVER.pdf#:~:text=Oklahoma%20Self-Defense%20Act%20and%20when%20loaded%20with%20any,weapon%20for%20purposes%20of%20the%20Oklahoma%20Self-Defense%20Act .

 

 

TITLE 21 § 1290.9 ELIGIBILITY The following requirements shall apply to any person making application to the Oklahoma State Bureau of Investigation for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act. The person must:

 

1. Be a citizen of the United States;

 

2. Be a lawful permanent resident in the United States and have established residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act: a. the term “residency” shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state or to any person, including the spouse of such person, who has permanent military orders within this state and possesses a valid driver license from another state where such person and spouse of such person claim residency, and b. the term “lawful permanent resident” shall mean a noncitizen who is lawfully authorized to live permanently within the United States;

 

3. Be at least: a. twenty-one (21) years of age, or

b. eighteen (18) years of age but not yet twenty-one (21) years of age and the person is a member or veteran of the United States Armed Forces, the Reserves or National Guard,

or the person was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard;

 

4. Complete a firearms safety and training course and demonstrate competence and qualifications with the type of pistol to be carried by the person as provided in Section 1290.14 of this title, and submit proof of training and qualification or an exemption for training and qualification as authorized by Section 1290.14 of this title;

 

5. Submit the required fee and complete the application process as provided in Section 1290.12 of this title; and 6. Comply in good faith with the provisions of the Oklahoma Self-Defense Act.

 

SOURCE https://www.ok2a.org/wp-content/uploads/2019/11/2019_SDA_Law_Book-_FINAL_09172019_with_COVER.pdf#:~:text=Oklahoma%20Self-Defense%20Act%20and%20when%20loaded%20with%20any,weapon%20for%20purposes%20of%20the%20Oklahoma%20Self-Defense%20Act .

 

 

TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES Version 1 (as amended by Laws 2019, HB 2597, c. 1, § 2, eff. November 1, 2019)

 

A. It shall be unlawful for any person, including a person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry any concealed or unconcealed handgun into any of the following places:

1. Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;

 

2. Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent, except as provided in Section 21 of Title 57 of the Oklahoma Statutes;

 

3. Any public or private elementary or public or private secondary school, except as provided in subsections C and D of this section; 25

 

4. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;

 

5. Any place where gambling is authorized by law, unless allowed by the property owner; and

 

6. Any other place specifically prohibited by law.

 

B. For purposes of subsection A of this section, the prohibited place does not include and specifically excludes the following property:

 

1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state or federal governmental authority;

 

2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law;

 

2. Any property adjacent to a structure, building or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section;

3.

4. Any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building or office space which is specifically prohibited by the provisions of subsection A of this section; and

 

4. Any property set aside by a public or private elementary or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, the firearm shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property.

 

 

Part III: Potential Solutions (two pages)

Potential Solutions

Assumption #1: I assumed that the hospital has a written policy prohibiting the possession of weapons on company property

Assumption 2: I assumed the hospital does not have a written policy prohibiting possession of weapons regardless whether it is a government or private entity

Assumption 3: I assumed the hospital is a private entity and therefore its policies supersede the Okla. Def. Act

Assumption 4: I assumed the hospital is a government owned entity and does not have a written policy for prohibiting weapons

Potential Solution #1 :

Potential Solution #2

Assumption #2: I assumed that the hospital has a written policy prohibiting harassment based on discrimination

Assumption: I assumed the hospital does not have a written policy prohibiting harassment based on discrimination

Assumption: I assumed the hospital trains its employees and staff harassment based on discrimination

Assumption: I assumed the hospital provides compliance training for all its employees

Potential Solution # 1

Potential Solution # 2 :

 

 

Part IV: Your Personal Perspective – Your Recommendation (one to two pages)

 

Why is it the best solution?

Are there any disadvantages to this solution?

 

Part V: Consequences of Your Personal Perspective and Conclusion (one to two pages)

 

What are the possible consequences of your recommendations?

After researching and considering the consequences, does this impact your personal perspective?

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