The movie Philadelphia, released within the year 1993 covers a lawyer with a passionate and competent feature. A character named as Andrew Beckett, who was affected with the disease of AIDS and once discovered by other partners of the firm, he was subsequently fired from the very firm. Beckett tried a lot to find a suitable lawyer in order to sue his fellow partners working at Wyant Wheeler due to heavy discrimination but he and his proposal were mainly rejected by every single lawyer he tried to pursue. But then, his entire fortune changes when he meets a lawyer namely Joe Miller who was once defeated by the same Andrew Beckett in an earlier court case. Joe decided to fight Andrew’s case after going through entire discriminatory acts that …show more content…
Things have started worse when various lesions started to appear on the face of Beckett and they were quite apparent to all (Lesions can only be caused due to AIDS). Beckett was fired immediately by the firm explaining about the incompetency of Beckett shown within his work, however, this was all planned by the firm. Normally, every single employee’s conduct should be carefully judged and noticed by the thoughts and experience of an employer as they have a noticeable amount of consideration towards work. If the employer thinks that the unpleasing conduct of employee could harm the entire organization, control measures can be taken then. However, the lifestyle or orientation within sexuality are known to be personal choices and passing them under the judge of any employer could be considered as unethical. This can easily let any employer exceed beyond the limits of freedom of an employee (Zegarlinska,2013). After looking at the entire situation, we have to take into consideration the laws of ethicality that mainly governs while dismissing anyone on the basis of discrimination. However, according to Statues of America, it is illegal to remove or fire a person due to terminal illness such as cancer or AIDS, in case, if that illness is affecting a person’s performance. Decisions related to management of the business are mainly taken every single day that is highly dependent upon manager and also, upon the discretion of the owner of a business (Nunn, 2011). By considering
1. The sexual harassment issue experienced by Julie from her co-worker, as well as the “ogling” she faced
My decision was that he should not receive the treatment because no matter how you look at it you cannot argue with autonomy as long as that person is competent. However, I
smith best argument would be for wrongful termination, defamation and invasion of privacy and here is why; California is one of only a handful few states with a state Constitution that incorporates a privilege to protection. That privilege stretches out to government workers, as well as to representatives in private industry too. California courts have held this privilege is involved by medication testing, however that doesn't generally mean medication testing is illicit. Testing is judged on a case-by-case premise, adjusting the business' purposes behind testing against the interruption on the representative or candidate. A business that has a sensible suspicion that a representative is utilizing medications may be on safe legitimate ground in testing, gave that the suspicion depends on target certainties. Irregular testing is more dubious, despite the fact that courts have maintained arbitrary testing for exceptionally security touchy.
Philadelphia, the “City of Brotherly Love”, becomes the setting for a high-profile discrimination case in the movie Philadelphia. A successful lawyer named Andrew “Andy” Beckett (played by Tom Hanks) is fired from his prestigious law firm, because while being given the documents for his next big case, a senior partner at the law firm notices lesions that are a tell-tale sign of the AID’s virus on his face. It becomes up to Andy to defend his title as a successful lawyer against untrue accusations of his ‘incompetence” (or rather, his AID’s virus) and prove that he was unfairly fired. Andy, being the skilled lawyer that he is, manages to successfully make his case with the help of homophobic lawyer Joe Miller. Philadelphia challenges misconceptions about the gay community and the transmittance of AID’s, homophobia and the idea that the gay community and especially the AID’s community need to be kept oppressed, without equal rights and protections, as their straight counterparts.
Some history on the case, Francis started working with Elsevier in 1991. The role of his employment was that of a production assistant. After a while, he was rehired after a company restructuring in which his new position was that of an associate database publishing editor. The main problem of the case concerns his wife's condition, amytrophic lateral sclerosis. Due to her condition he considered his potential rights under the Family Leave Act with a human resources representative from the company. A boss change led to him being interviewed with a new supervisor where he discussed his wife's condition. Shortly after he was dismissed. "Randall Francin had worked at Mosby, Inc., for twelve years before his wife was diagnosed with amyotrophic lateral sclerosis (LouGehrig's disease). "(Cross & Miller, 540) I believe if Francin's wife's condition was not discussed his performance would not have come into question. From the evidence presented especially after the appeal, I believe he was unlawfully terminated considering the close timing of his dismissal after it was known of his wife's condition.
Because of this many of them arrive to work in fear of rejection or being ‘outed’ causing them to lose their job. As discovered by expert Cosby Burns “Discrimination and unequal treatment on the job inflicts significant economic harm on gay and transgender public-sector employees and their families.” (http://www.americanprogress.org) Many open homosexuals will be turned down for employment just because of their sexual orientation despite qualifications, even though it is completely irrelevant to their skills and no one’s business but their own.
The firm has an obligation to protect Steve’s privacy, as this is a medical issue. So while they might want to settle things in ways that will make the majority happy, there are laws that force you to look out for the little guy. Any firm has a human resource team that is obligated to mediate employee disputes. But no matter what type of employee is the majority they must take actions to provide an equal and safe working environment for everyone. I believe that Henrietta made a mistake sending out a memo to specific people in the firm. Memos can be misplaced and seen by the wrong eyes. This could lead to a privacy lawsuit and should be avoided by waiting to announce sensitive material until a time that is right for the subject and the firm. Some employees may have issues other than medical that need to be met such as religious differences and cultural differences where dress code must be bent. I believe if there are differences that need to be accommodated for they most likely have laws that protect those differences. Therefore you will have some sort of guidelines as to how you many attempt to
This first criteria Deetz discusses is probably the way many organizations are dealt with. However, in the current world that we live in, topics such as sexual harassment and sexism can no longer be taken lightly, or should I say can they be included in “company policy”. Many more companies today are using human resource models of managerialism rather that the traditional model that has been the only form of controlling a company up until the last half of the
The movie Philadelphia (1993) involves a legal issue of a homosexual attorney, Andrew Beckett whom was wrongful terminated and fired for discrimination of his illness of AIDS. Mr. Beckett whom also concealed his homosexuality and illness from his partners, was an attorney for Wyatt-Wheeler law firm. Mr. Beckett files a civil lawsuit, suing Wyatt-Wheeler law firm for wrongful dismissal that he was not fired due to incompetence of misplacing an important complaint, but that he was fired due to discrimination of his illness, after his former employer found out he had AIDS. This case involves The Americans with Disabilities Act, The ADA forbids an employer from discriminating against any person with a disability with regard to hiring or discharging
According to an article published by Workplace Fairness, a non-profit organization that provides information and education on employee rights, sexual orientation discrimination means treating someone differently solely because of his or her sexual orientation whether it be homosexual, bisexual, or heterosexual. This discrimination may occur because of a perception of someone whether the perception is right or wrong. Someone who is discriminated against on the basis of sexual orientation may also be discriminated against or harassed on the basis of sex, gender identity, disability, such as actual or perceived HIV status, and/or marital status.
With major advancement in medical treatments, it is now possible to keep a patient alive, which would not have been possible in former times. This has made end of life issue one of the most controversial issues in healthcare. Medical improvements have set the stage for ethical and legal controversies about not only the patient’s rights but also the family’s rights and the medical profession’s proper role. It is critical that any decision made in such situation is ethical and legal to preserve the rights of the patient and also protect the healthcare institution involved. It is very important when making decisions to discontinue treatments to make sure all other alternatives have been explored.
This movie begins by depicting a bright articulate young lawyer named Andrew Beckett at work. Then the scene rapidly changes to Andrew at an AIDS clinic. You know at this point that Andrew Beckett has AIDS and a horrifying future as you see scenes of men with hollow expressions, open sores and skeleton-like features. It becomes obvious that Andrew was not telling his boss or coworkers that he has AIDS. Later we discover that he concealed this disease because he was afraid of being fired and people’s fear of him as a sick gay man.
Misconduct on the part of the counselor may result in legal action in the civil and criminal courts if a counselor engages in a sexual relationship with a client. Companies may also have policies that outline conduct with regard to sexual relationships and violating such policies may result in sanctions or termination by the employer (Hotelling, 1988).
"Although the movie Philadelphia contains many issues centering around homosexuality and discrimination, upheld by today's society, it is evident that attitudes about these issues are constantly changing with the ever changing values of society." Refer to the movies to give specific examples that you agree/disagree with this statement.
Recall the dismissal of the female employee and ask Darger to seek professional help and revise and/or institute strong Code of Ethics that needs to be consciously modeled and enforced.