5
According to Bagley, “a private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated. Although employers almost always reserve the right to fire an employee, the employment contract may require some level of severance pay if the termination is without cause. Negotiated contracts requiring just cause for termination by the employer may also provide some level of payment and benefits if the employee quits “for good reason,” which is often defined to include being required to move more than 50 miles from the original place of employment or having one’s duties and responsibilities substantially changed or reduced.” (Bagley C.E., 2019)
Since Pathways terminated the middle-aged white female’s contract due to a last minute change in the script for another role required by a young African-American female, Pathways owes the White female compensation for terminating her contract. This includes some level of payment and benefits. Although the actress accused Pathways of unfair treatment and racial discrimination, I don’t believe that is the case here. Pathways must act fairly by compensating for the time and finances necessary, but this is not a case of racial discrimination. The changes in the script and the changes in story-line and character may have been about anything (weight, race, sex, etc.) This happens often in the creative industry and is not done on purpose.
According to Pathways, “Pathways, as an equal opportunity employer, provides equal employment opportunity to all qualified individuals without regard to their race, color, religion, national origin, age, sex, disability, military status, citizenship, or any other legally protected status in accordance with applicable local, state, and federal law.” (Pathway, 2011)
Pathways Creative Media, Inc. (2011). Law, Policy, and Ethics in Design and Media Arts. Retrieved from https://myclasses.artinstitutes.edu/content/enforced/163734-17082030/8c80657f-cbf4-452c-826e-7cff9196cf62/MI_DMM5100_M2_Contract.pdf?_&d2lSessionVal=GZ9YEnmThmnzNDoxGDdYgIV4g&ou=163734
Bagley, C. E. (2019). Managers and the Legal Environment: Strategies for the 21st century (9th ed.). Cengage Learning