Disney Sued In 4th of July “Guns at Work” Dispute
Previously here on the Blawg, we discussed recently enacted state laws that permit employees to bring guns to work.
Florida is one state that passed such a law. Effective July 1, employees are allowed to bring guns to work as long as they leave them inside their vehicles.
On July 4th, Edwin Sotomayor, a Disney security guard, allegedly brought a gun to work, leaving it in the trunk of his car. According to the complaint:
- Disney was aware that Sotomayor planned to bring a gun to work and asked for permission to search his car when he arrived for his shift.
- Sotomayor refused, based on the new statute.
- Disney suspended him immediately and ordered him to stay away from all of its properties.
The following Monday, Disney fired Sotomayor and issued another trespass warning.
The law allows certain very narrow exceptions for operations such as nuclear power plants, homeland security-related businesses, prisons and schools. It also exempts companies that have certain explosives permits. Disney reportedly claims it fits under the latter exemption because it has a permit allowing it to keep fireworks on its grounds.
Sotomayor demands reinstatement to his job, various injunctions against the company, an agreement that Disney will refrain from searching his car in the future and payment of his attorneys’ fees.
According to Disney spokesperson Zoraya Suarez, it took action against Sotomayor because he “refused to allow a search of his car as part of our continuing policy prohibiting guns on our property.” “They are breaking the law,” Sotomayor responded. “I mean, policy is one thing, but policies do not rule society — the law does.”
One Disney employee said she agrees with Disney’s policy. “No guns on property,” said Disney employee Lee Morgan. “It’s a family facility. I don’t think there should be any firearms at all.”
The Lesson
This law and others like it put the employer in the horrible position of having to decide whether to potentially (1) violate the law or (2) fail to take adequate steps to ensure workplace safety. My guess is that many employers in Disney’s position would have done the exact same thing. Which would you rather face: a potential lawsuit from a disgruntled employee or the prospect of gun violence in the workplace?
Several employer advocacy groups — including the Florida Chamber of Commerce — have filed lawsuits challenging the validity of the statute. Stay tuned to see how this plays out.
Article by Mark Toth, Chief Legal Officer of Manpower’s North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.
