Application: Individual Case Study Analysis, Case 10
Analyzing Promotion Data: Applying to 80% Rule
Lakisha Richardson
Abstract
This analysis explains the thoughts and ideas about Case 10: Analyzing Promotion Data. It references the problems noted and within the case as well as the legal issues that apply. Based on the background and research, an overview of a solution to the problem and an implementation process to be executed by Tom Rutherford, HR director of Food Chain Supermarkets, Inc. can help with the discrimination issue(s) presented in the case.
Summary of Case
Human resource director of Food Chain Supermarkets, Inc., Thomas L. Rutherford was disturbed by a conversation he had with Walter Jackson, an employee
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The immediate problem of concern is whether the claim has some truth. The complainant presented the HR manager with a group (black employees) that are protected by law, but are being disproportionately impacted. This constitutes the initial burden.
HR Legal Issues
• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin (2009).
• The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302 (2009)
• Federal Equal Employment Opportunity (EEO) Laws-The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (2009).
Alternative Solutions
• “Implement and integrate a strict policy that makes employment discrimination of any type unacceptable in your workplace” (Heathfield, 2012).
• “Train your managers in the implementation of the anti-discrimination policy with the expectation that prevention is their responsibility” (Heathfield, 2012).
Analyze Each Alternative Solution
An advantage of implementing and integrating a strict policy that makes employment discrimination of any type unacceptable in your workplace employers can lower cost of
The employer must conduct an internal investigation by interviewing the parties involved and witnesses. The article also mentions the 1964 Civil Rights Act and the Age Discrimination Act of 1967 to explain the root of the guidelines, and gives further analysis using different clarification approaches to clarify the legal concerns involved. In order to describe prevention methods, the article straightforwardly states what a manager prerequisites. Training and informing the employees is the law. The article’s approach and statements mentioned how to deal with legal matters and to make sure that they are valid. Managing harassment and discrimination problems is not only a responsibility, but also makes good business sense. Maintaining a workplace free of discrimination and harassment by doing whatever is necessary to prevent complaints from occurring in the first place, and stopping them before they reach the level of lawsuits are acceptable methods of dealing with legal issues.
Prevent discrimination: support equality – This sector of the act explains where discrimination is most likely to occur in the workplace and how to stop it happening
Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.
Legislation by state and federal arms of government has made discrimination in workplaces illegal. This piece of legislation goes further to stipulate the rights and responsibilities of both the subordinates and their employers in the workplace. This legislation aims to bring sanity in the workplace by ensuring that both groups are accountable.
1. Explain how legislation and codes of practice relating to equality, diversity and discrimination apply to own work role
* Equal opportunities – this sets out how the organisation ensures there is no discrimination in the work place
Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.
2.2 Reflect on a real work situation where you have challenged discrimination and exclusion in policy and practice
Companies that discriminate on basis of a host of job-irrelevant issues, comprising race, sexual orientation, gender, disability, age and ethnicity put themselves at a competitive disadvantage as opposed to companies that appraise employees solely on their credentials and qualifications to work well. Given the high rates of discrimination encountering the workforce today, discrimination based on racial discrimination and sexual orientation represents an actual hazard to the profitability of companies (Oeo.tufts.edu, 2015). This essay discusses the non-discrimination policy of the Home depot company.
Employment discrimination is any form of unfair treatment at the workplace practiced by the employer against a section of employees on the basis of their gender identity, sexual orientation, age, mental or physical disability, national origin, religion, gender, or race. Employment discrimination is unlawful according to the employment laws as underlined in the 1964, Civil Rights Act, Title VII (Clarkson, Miller & Cross,). In terms of salaries and payment of workers, it is unlawful to segregate employees or classify in compensation and other employment aspects.
Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with to provide the basis of the case, the findings, and the outcome of the charges.
This gives the employees a level ground for all to work in since no one, after coming from work, can be prejudiced by the people around him or her. In addition, the society can give a chance to voice the people who are treated badly and try to be understood. If I were the CEO, I would implement policies like training. This will ensure that all the workers are familiar with discrimination laws. Another policy I would put up is like sticking to the job requirement when hiring. It ensures that the person working is equipped with the right requirements and was not chosen on the basis of any other factor except the job requirements. It also protects the company from discrimination lawsuits, (Osborne,
Workplace Discrimination ……………………………………… . . . . . . . . . . . . . . . . . . 3
Workplace Discrimination Prevention Manual: Tips for Executives, Managers, and Students to Increase Productivity and Reduce Litigation by David A. Robinson is a general overview of federal guidelines and general practices individuals in charge of hiring, firing, and evaluating should be aware of in the workplace. It outlines in simple language how to interpret the federal discrimination laws. While the laws are not always spelled out exactly as they are written in the law, real world examples are given to help the author illustrate the intent of each law covered.