Week 3 Discussion

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Apr 3, 2024

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Case: Joshua Yarbrough et al. v. Glow Networks, Inc. Case 4:19-cv-00905-SDJ This case was filed in the Eastern District Court in Texas in 2019 by ten employees, nine African Americans and one Caucasian (Bachman, 2022). Bachman explains the reason for the filing of the suit related to “numerous Black employees faced continuing race discrimination at work, including promotion denials, unequal pay, and a hostile work environment” (2022). This case was filed citing 42 U.S.C. 1981 under Title VII of the 1964 Civil Rights Act (Bachman, 2022). The jury determined that the employees had proven that their employer, Glow Networks, had subjected them to unlawful discrimination and retaliation and awarded $3 million in emotional distress along with $4 million in punitive damages (Bachman, 2022). With this case dealing directly with employment discrimination due to race, if I were writing new rules for Glow Networks, I would focus on the importance of diversity when working with other races. Having guidelines that clearly state expectations to prevent discrimination toward other races would be vital. Rewriting the Organization's Rules 1. Diversity training plan for all employees, including managers and new hires. Within this training, addressing unconscious bias would be a top priority. “The term “unconscious bias” (or “implicit bias”) refers to a set of attitudes and stereotypes— whether positive or negative—that we are unaware of” (Hoffman & Winter, 2022, p. 2). This is where we will start to allow all employees to recognize what beliefs they may have that would be detrimental to their fellow employees and the company. Once these unconscious biases are recognized, the employees can identify instances in which they may appear within the company and how to combat them. 2. Zero-Tolerance Policy. Create and then implement a policy regarding zero tolerance for harassment and discrimination. Ensuring that this policy covers all aspects of employment, from the hiring process to working conditions, is vital. We will outline all consequences for violating the zero-tolerance policy, including termination. Ensure that the employees understand that this Zero tolerance policy will ensure that reported incidents will not result in further disciplinary actions. 3. Audits and Assessments and Creation of a Diversity and Inclusion Council. A council that includes representatives from various backgrounds and levels needs to be created to ensure that the company's guidelines are followed. The council should understand that “racial categories and the meaning of race are given concrete expressions by the specific social relations and historical context in which they are embedded” ( p. 3). The council will ensure that guidance and recommendations are being made as changes are made within society to help promote how unconscious biases may change. The council will be responsible for regularly running assessments on the organization's progress with diversity, including the training program, to identify areas of improvement as needed. 4. Resource groups for employees. Creating groups within the organization allows all employees to learn from different and diverse backgrounds. The groups will allow employees to connect with others and learn

from experiences, whether from similar backgrounds or not. Apple has these programs set up, allowing us to communicate and share grievances that we may have within our personal lives or the organization. The groups within the organization will allow for direction when a discrimination issue may arise in how to proceed. The groups can assist with sharing external and internal resources as needed. 5. Establish set payroll and promotion guidelines. Creating guidelines that all hiring managers are to follow that do not focus on a person’s race or gender. The guidelines should establish inclusion expectations to ensure that one candidate is not being passed over based on discriminatory practices, generate an annual survey to gauge the employees' feelings toward their pay and promotional opportunities, making the surveys anonymous to ensure that there is no chance the employees will fear retribution for their responses. By implementing these changes within the organization, there is an opportunity to create a more diverse and fair company. When there is a feeling of diversity and fairness within the company, it will allow all employees, regardless of background, to feel as though they are valued and respected. When companies provide this type of environment, the chances of an employee feeling discriminated against will be small; however, they will have an outlet where they can feel safe using. References: Bachman, E. (n.d.). $70 million verdict against Texas Company in Employment Discrimination Case . Forbes. https://www.forbes.com/sites/ericbachman/2022/03/21/70-million-verdict- against-texas-company-in-employment-discrimination-case/? sh=77b450332ea8 Hoffman, D., & Winter, H. (2022). Follow the Science: Proven Strategies for Reducing Unconscious Bias. Harvard Negotiation Law Review , 28 (1), 1–64.

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