Question

Mary Martin, a female, tenured teacher in a rural conservative district, was stopped by the local police and charged with driving under the influence. She explained to the police that she had just left a Christmas party given by her principal and that she had consumed only a few glasses of wine. She was also aware that some of her male colleagues had been stopped in the past but not charged. Nevertheless, she was still charged. As her arrest becomes public, there is pressure from the school board for her to resign.

Discussion Questions

1. Can the board force Martin to resign? Why or why not?
2. Is the infraction serious enough to warrant dismissal? Why or why not?
3. What about male colleagues who were not charged for similar offenses?
4. What rights does Martin have as a teacher in this situation?
5. What factors would the court consider in ruling on her case?
6. What conclusion do you think the court would reach in this situation? Provide a rationale for your response

Answer 1

No, the board can not force Martin to resign because if they do so, Martin can sue the board of having gender discrimination. Since there is no possible connection between the arrest and loss off revenue of the school. So, forcing Martin because of her arrest would result in a violation of gender discrimination as well as BFOQ (Bonafide occupational qualification).

This is imperative, as an employer, that the rule is upheld as the work contract is canceled for significant mistakes. An employer should stick to the standards of ethics as outlined in their work contracts before making the decision for summary dismissal. In order to be equal to the employee in the light of regulation, the firing instructions would be in accordance with the company's procedures. The employee should be aware of these policies and standards so that they can understand the logic for their dismissal. It is known that bad mistakes differ even between firms. So, it's up to the school to decide. But the school is located in a conservative rural area, it might be that the school goes for warrant dismissal. But, if they do so, martin can sue the school for gender discrimination.

In a conservative society, the male holds more power and freedom. Under the Cultural Dimensions of Hofstede, not withholding the male equivalents by the police is because of the "Masculinity Vs. Femininity" dimension. Therefore, this is a social barrier, and so Martin can not do much unless and unless society is tolerant enough to see a woman as a critical member of the population.

Martin can decide not to resign and put the same case in court to decide.

The court would consider factors such as her previous driving records to know about history. So, if this is her first violation of traffic rule, then she might get a clearance from the court. The court can also decide to see the other side of the case if she claims that the male counterpart are allowed to walk away free even when they are under the influence of alcohol.

I think the court would at fine Martin for $30 at max for violating the traffic rule.