When you’re fighting a galaxy-spanning fascist empire, probably the last thing the Rebel Alliance wants to deal with is analyzing Luke Skywalker’s employment claims. But the law is the law, even in space, and ignoring the law forfeits your right to the moral–and Mustafarian–high ground.
Luke Skywalker, an employee of the Rebel Alliance, engaged in a work-related activity by leaving his Jedi training on Dagobah and taking part in a rescue attempt of his co-workers in Cloud City above Bespin. During the course of his employment, he aggressively negotiated with Darth Vader, a high-level manager for the Rebel Alliance’s main competitor, the Galactic Empire. (Aggressive negotiations, as Anakin Skywalker once noted, are simply negotiations with a lightsaber.)
During the course of his encounter with the Dark Lord of the Sith, Vader separated Luke’s hand from his wrist before revealing some personal information that exceeds what is proper to be discussed in the workplace.
The question arises in everyone’s minds, of course, as to what are the employment law implications of Luke Skywalker’s injury at the hands of Darth Vader? In other words, what are the legal obligations that the employer, the Rebel Alliance, owe to Luke as their employee, and what are Luke Skywalker’s employment claims that he could bring in a court of law?
Does Luke Skywalker’s Missing Hand Constitute a Serious Health Condition under the FMLA?
The loss of a limb, including all of the medical care, cybernetic hand replacements, and bacta treatments, constitutes a “serious health condition” under the Force-Users and Medical Leave Act (FMLA). A “serious health condition” means an illness, injury, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, including medical droids. [Read more: What is a Serious Health Condition under the FMLA?] Luke sought inpatient medical treatment for his injuries after he escaped Cloud City, as we see at the end of THE EMPIRE STRIKES BACK, and thus meets the definition of suffering from a serious health condition.
Therefore, Luke is entitled to at least twelve weeks of protected leave, either taken continuously or taken intermittently as needed for follow-up care, physical therapy, mental health counseling, or additional Jedi training to deal with the injury. [Read more: Intermittent Leave and Continuous Leave under the FMLA] He’s also protected from retaliation by the Rebel Alliance, meaning the Alliance cannot fire, suspend, or demote him because he needed medical leave. [Read more: Retaliation for FMLA Leave in South Carolina]
Can Luke Skywalker Request a Reasonable Accommodation under the ADA?
Under the Alliance-Members with Disabilities Act (ADA), Luke’s injury qualifies as a “disability,” meaning a substantial impairment that significantly limits a major life activity, like hearing, seeing, breathing, walking, lifting, Jedi mind tricks, Force jumping, or lightsaber fighting.
Thus, Luke may request a reasonable accommodation for his disability, which could include time off to continue his mental health treatment with Yoda—breathing exercises, oneness with the Force, etc.—or a weight restriction on lifting heavy objects with the Force, such as no more than one X-Wing fighter at a time, or even a more ergonomic handle for his new lightsaber. The Alliance must provide this accommodation unless it places an undue burden on the Alliance. [Read more: FMLA Leave and ADA Accommodations for SC Employees]
Is Luke Skywalker’s Injury Compensable under the Worker’s Compensation Statute?
The injury occurred during the regular course of employment, so it’s likely compensable under the applicable worker’s compensation law. In South Carolina, Luke’s loss of his hand would be compensated at a rate of 66.6% (called the Order 66 Calculation) of his average weekly wage for a period of 185 weeks.
Luke could also bring a personal injury claim against Darth Vader and the Empire for assault, battery, negligence, and—based on the ill-timed revelation of Luke’s parentage—intentional infliction of emotional distress. However, if he brings those causes of action but then a judge dismisses all of the claims, then Luke would be a rebel without a cause (of action).
Would I Bring Luke Skywalker’s Employment Claims in a Lawsuit? You Bet I Would! For a Fee!
Of course, if the Alliance refuses to provide FMLA leave or a reasonable accommodation under the ADA, then Luke Skywalker should speak with an experienced employment lawyer in his part of the galaxy. I don’t have a Death Star at my command to Force any sort of compliance or settlement, but I do have the absolute next best thing: potential attorney’s fees and passive aggressive emails sent late on a Friday afternoon.
Feel free to reach out to our office via holomessage at our Contact Us page, via phone at 864-233-4351, or via Force-whispers across the expanse of space.
