In rewatching the original Star Wars Trilogy with my kids, I finally noticed what was right there in front of my face the whole time: Look at all the employment law issues! I mean, from Han Solo’s sexual harassment of Princess Leia to Darth Vader’s rather domineering and bullying managerial style (Force choking, Darth Vader, really? Ever heard of a Performance Improvement Plan for once?)—the world of Star Wars is an HR nightmare. [Read More: Job Interviews and HR Tips from Darth Vader] [Read More: #R2MeToo: Anakin’s Sexual Harassment of Padme Amidala]
When we reached Return of the Jedi (1983), I realized I would just have to blog about the serious employment law concerns I had with one of the worst employers ever: Jabba the Hutt. Some people just gloss over these injustices, but I cannot turn a blind eye. So, in an effort to belatedly hold this vile gangster accountable in a civil court of law, I will address several HR and employment law issues emanating from Jabba’s Palace on Tatooine.
Was Leia’s Metal Bikini a Bona Fide Occupational Requirement?
Uniforms. No employee loves them, especially if they’re skimpy and gold and wind up on every teenage boys’ bedroom wall because he just LOVES Star War, Mom, that’s ALL.
But for Princess Leia, once she decided to join Jabba’s palace staff, she was required to wear the appropriate uniform. As the other dancers wore the same outfits, it appears that the uniform requirement was enforced across the board. But the bigger question becomes whether Jabba can refuse to hire male dancing slaves simply because he doesn’t want them dancing in a similar metal bikini get up? Wouldn’t that be sex discrimination? Well, not if the metal bikini (and the worker being, well, female) was a bona fide occupational requirement.
First off, as a male Star Wars fan, I’m firmly in the camp that Leia’s metal bikini was a bona fide occupational requirement for her employment position. No one wants to see Chewbacca in a similar get-up, after all. (Well, some parts of the internet may, not that there’s anything RAWRGWARGR-ng with that.)
So if a male employee applied for the role of dancer at Jabba’s Palace (or, more likely, was captured during a thwarted rescue mission for a scoundrel for a friend), could Jabba refuse to hire/capture the male employee because the metal bikini was the required costume and equipment for the role? I think so. Sorry, Chewbacca! You’ll have to get your start in the entertainment world somewhere else.
Unpaid Wages in Jabba the Hutt’s Palace
I do have some concerns that Jabba the Hutt wasn’t paying all properly owed wages to Leia. Of course, as an employee and not an independent contractor, she would be entitled to coverage under the Fair Labor Standards Act (FLSA) and any applicable state/planet wage payment laws on Tatooine. She would be entitled to at least minimum wage of 7.25 credits per hour, and since she worked late into the night, probably some overtime pay as well.
My concern arises from Jabba the Hutt’s criminal enterprises. My guess is that Jabba’s not that focused on maintaining compliance with the applicable labor codes, especially since he’s, you know, enslaved Leia in the first place. I expect wage theft is the least of an employee’s concerns, but it’s certainly a claim I would bring as part of any employment lawsuit.
Sexual Harassment Violations by the Vile Gangster
Further, setting aside the wage and hour violations, it appears that Jabba, as the sole owner and operator, engaged in direct sexual harassment of his employee as well. Observe the chains, the threat of death for poor performance (what is this, an Apple factory in China?), male guards who are literal pigs, and that moment when Jabba pulled Leia closer to him and licked his lips in a very suggestive manner.
That’s pretty severe and pervasive. I like her chances of a sexual harassment lawsuit against this particular employer. Jabba, as the owner and CEO, has personal liability and can be sued directly as well. I’d take this case, although I don’t love the Tatooine venue, given the opportunity for witness intimidation via threat of a thousand year death by the mighty Sarlaac. Jury selection would be a beast.
Worker’s Compensation for Death by the Rancor or the Sarlaac
Under Tatooine’s worker’s compensation laws are, any of the employees who are disciplined for poor performance via being eaten alive by Jabba’s pet rancor or by the Mighty Sarlaac would have claims against Jabba’s Palace. Or, at least, the employees’ heirs would. (Heirs to the Empire?)
Under South Carolina law, the heirs of employees killed at work would be entitled to reimbursement for medical expenses, death benefits (2/3 of the deceased worker’s average week wage for 500 weeks), and burial expenses. [Read More: Let’s Analyze Luke Skywalker’s Employment Claims After Darth Vader Chops that Hand Off] Although, I suppose, being digested by the Sarlaac over a thousand years may qualify as a burial, technically, and therefore wouldn’t need to be paid for.
Reasonable Accommodations for Boba Fett After Fall into the Pit of Sarlaac
For those who survive and are merely severely injured, then the analysis switches to a question of reasonable accommodation under the Alderaans with Disabilities Act (ADA). For example, Boba Fett was knocked into the Sarlaac pit by accident, but he later escaped. His injuries, both physical and emotional, took some time to heal before he was able to re-integrate back into the bounty hunting workforce. If he needs some time off from Jabba’s palace while he recovered, that leave could be a reasonable accommodation under the ADA (and also a request for protected medical leave under the Family and Medical Leave Act, assuming he had worked for Jabba for at least one year). Or, when he returns to work, maybe he needs to take more frequent breaks due to PTSD-induced flashbacks to his time in the Sarlaac’s stomach.
The key is that Jabba the Hutt and Boba Fett, in this example, should engage in the interactive process to see if a reasonable accommodation can be reached without placing an undue burden on Jabba’s slimy shoulders.
I would note that Boba Fett has to prove that he was an “employee” of Jabba the Hutt for purposes of the ADA, instead of an “independent contractor” without any ADA protection. I’ve reviewed this question in some depth when it comes to Han Solo [Read More: Han Solo: Independent Contractor or Employee?], and the same analysis applies here.
Takeaways for South Carolina Employees
Look, you might not be facing Jabba the Hutt in your particular workplace (although I’ve certainly sued quite a few that aren’t very far off), but we can always glean lessons from other cases like the ones discussed above.
If you are facing unpaid wages, even from a vile gangster, then the law provides a remedy for you to recover the amount stolen by your employer. And if you are experiencing sexual harassment by a boss (again, I’ve sued some real life Jabba the Hutts), you need to report the harassment to HR and contact an employee rights lawyer (like me!). Jedi mind tricks may not work on Jabba, but a well-timed lawsuit could certainly do the trick.
