HRMG Midterm

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Termination Recommendations for More Beer, Incorporated.
HRMG 5700 – Employment Law
September 22, 2013

Termination Recommendations for More Beer, Incorporated
When a company experiences a financial setback of the magnitude that More Beer, Incorporated had after its failed venture into internet marketing, it sometimes becomes necessary to reduce the workforce in order to mitigate the losses. The Human Resources (HR) Department faced a very difficult decision in choosing whom to fire, as there was a potential for legal action with each of the five candidates presented for possible termination. In addition, many of the candidates also had personality traits or
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There is no apparent benefit to transferring him elsewhere in the company, especially since Mr. Price mentioned he feels he has been treated differently after recently announcing that he is homosexual. Mr. Price will likely argue his termination is a violation of Title VII of the Civil Rights Act as it pertains to sex. He may also claim disparate treatment or disparate impact. Title VII does not contain specific language protecting against discrimination based on homosexuality, as both the Equal Employment Opportunity Commission (EEOC) and the courts “have determined that the word sex as used in Title VII means a person’s gender and not a person’s sexual orientation” (Twomey, 2013, p. 427). Still, in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court found that sex discrimination consisting of same-sex harassment is actionable under Title VII. To have a claim under Title VII, Mr. Price would have to allege that his termination was solely based on “sex, ” thus bringing his case within the precedent set by Oncale. More Beer, Incorporated is an at-will employer, which means it is “free to terminate the relationship with or without cause,” (Twomey, 2013, p. 598), so his argument will be moot. Mr. Price will receive the severance package that consists of one week of pay for every year of service to the company. He had used all of his sick leave, annual and holiday leave, and so will not receive any additional pay.
Sally James
Sally James is the third

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