Running Head : Westco Diversity Case

After reviewing the data it is apparent the promotional rate of women in managerial positions when compared to the men is disproportional to the size of the population. This shows disparate treatment, the company hires women, but women do not promote at the same pace as men. This shows strong evidence of discrimination and if not resolved will lead to a violation of the Equal Employment Opportunity Commission.

In this particular case, Mr. Maalick received very clear and convincing racial and religious discrimination from both his supervisor and from his co-workers. The employees of Treton blatantly violated the Civil Rights Act and the Equal. Employment. Opportunity Commission. These acts do not allow, under any circumstances, discrimination based on the idea of race, color, sex, religion or age (The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission | National Archives, n.d.).

The case of Calibuso et al. v. Bank of America Corp. et al. began in 2010, when female financial analysts (FAs) filed charges in in several states and with the Equal Employment Opportunity Commission (EEOC) claiming that the Bank of America (BoA) used discriminatory pay practices against them in violation of state laws and the U.S. Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 (DiMarco, 2014; Calibuso, 2012). These laws forbid inequalities in pay (Schrimsher & Fretwell, 2012) and discriminating employment practices based on gender and other protected classes (42 U.S.C.A in Webber, 2015). The case was settled in favor of the plaintiffs (DiMarco, 2014). However, legal and scholarly advice suggests that these kinds of cases can be avoided through organizational efforts in training in diversity (Bendick, Egan & Lofhjelm, 2001) and legal understanding along with professional validation of practices, and managerial accountability (Arthur & Doverspike in Malos, 2015). This writer agrees; the case of Calibuso et al. v. Bank of America Corp. et al, which involved discriminatory practices related to compensation and other employment-related acts may have been avoided by observing the advice aimed at organizational efforts in anti-discrimination in the workplace.

In this scenario, Maria, who is of Latino ancestry made a complaint about being passed over for a promotion because she is a Latina; she was born in America, and is a second generation. Maria holds a graduate degree, and has been with this company for 10 years, but has been in her position for seven years. The person who got the promotion was Alex, who is an Anglo, and has a graduate degree. However, he has less time in the company or in this position, and had better evaluations than Maria. Maria is the only Latina, and the only person of color; she believes that the reason her evaluations were lower, were because of bias towards white males, and because of the fear of clients not being able to understand her accent.

The issue of discrimination is very widely discussed, so widely that laws and statutes have been enacted and are continually addressed every day. This may occur in a courtroom, on the legislative floor or at the employer’s offices, but the fact that the Equal Employment Opportunity Commission (EEOC) receives around 80,000 discriminatory filings annually, with 99,922 in 2010, there is little wonder the amount of attention to discrimination is warranted (Walsh, 2013). According to the EEOC’s website, the discrimination claims were more than the annual averages, but less than 99,000 in 2010, at 88,788 in 2014 (“EEOC Releases Fiscal”, 2015). These figures reiterate the importance and diligence in which discriminatory acts must be handled by all parties involved.

Employers in today’s job force should take heed and make all possible efforts to avoid any type of discrimination in their company, not just age discrimination. Risk management teams should be put in place in the human resource departments and should work closely with the executive managers to create an environment that does not promote or tolerate discrimination of any kind. This would not only improve the culture of the company but would reduce the unnecessary risk of discrimination lawsuits. In conclusion, not only is discrimination degrading and hurtful, but for an organization it is illegal, costly, and disrespectful. The Supreme Court recognized the discrimination and that it was inexcusable no matter the “after-acquired evidence” against the plaintiff and ruled in accordance of this in the McKennon vs Nashville Banner Publishing Co

The Equal Employment Opportunity Commission (EEOC) receives several charges related to the allegations of retaliation. In view of this, the EEOC has recently issued the final Enforcement Guidance on Retaliation and Related Issues (Guidance) in order to replace 1998 Compliance Manual section related to retaliation. In addition to the Guidance, the EEOC has issued two other documents—a brief Small Business Fact Sheet condensing the key points of the Guidance—and a question-and-answer summarizing the Guidance.

Discrimination can come in many shapes, forms, and actions in the operation of business in today’s global marketplace. Many laws and regulations have been implemented in an attempt to protect workers from any type of intentional workplace discrimination. However, there are still companies which operate outside of these regulations and must face the repercussions for their actions. Presented is an analysis of one such organization in the case of the Equal Employment Opportunity Commission (EEOC) vs. Alliant Techsystems, Inc.

A way to achieve fair employment for all people happened when in 1961 then President John Kennedy, used the phrase “affirmative action” in the United States in which it attributed to Executive Oder 10925”. (Sterba, 2009, p.15) The reality was that businesses needed a way to hold accountability for employee’s r applicants to be treated fairly in promotion decisions and the hiring process. Employment discrimination and segregation was legal in the United States before 1964. White workers and black workers during that time almost never worked together in the same jobs, minorities were grouped in lower paying and less status jobs. During that era, white males held the professional jobs, managerial positions, and the highly

As it can be seen from the calculations above, a clear pattern of discrimination has occurred in both the warehouse and store promotion decisions in 2008. In both cases, as well as in the overall combined promotion rates, black employees were consistently hired at a lower than acceptable rate than their white counterparts. Therefore, any black employees who applied for a promotion during 2008 may have a case for employment discrimination depending on their unique circumstances.

Respondent Kimberly Ellerth quit her job after 15 months as a salesperson in Burlington Industries’ allegedly because she had been subjected to constant sexual harassment by one of her supervisors, Ted Slowik. Slowik was a mid-level manager who had authority to hire and promote employees, but was not considered a policy-maker. Against a background of repeated boorish and offensive remarks and gestures allegedly made by Slowik, Ellerth places emphasis on three incidents where Slowik’s comments could be construed as threats to deny her tangible job benefits. Ellerth refused all of Slowik’s advances, yet suffered no tangible retaliation and was promoted once. She never informed anyone in authority about Slowik’s conduct, despite knowing Burlington

Besides the policing issue, job issues are just as important. One sustains his/her life through the earnings from a job, if one cannot find a job, the only way to go is to die of starvation. Job discrimination is a serious problem a lot of African Americans are facing today; too many of them get rejected by the companies just because of their skin color, despite having the same education as other races. In German Lopez’s article “Anti Black hiring Discrimination is as prevalent today as it was in 1989”, he argues that the discrimination against black people hasn’t changed since the 1980’s. Initially, he claims that between two resumes with the same experience and educational level, there is a stereotype against the colored races such as black and Latino. He supports this claim by providing his data. The data shows that white applicants get 36% more callbacks than black applicants and 24% callbacks than Latinos. It illustrates that, with two different racial groups of people with the same education, the companies are more likely to choose white people as the primary decision. Lopez then shows us his main idea that hiring discrimination hasn’t changed over time. He uses multiple data from different researchers and states that they did not find any evidence of change in rates of hiring discrimination over time, and only a “slow decline” ruled out by the studies. Finally, he strengthens his argument by using

Respondent Union Pacific Railroad Company ("UPRR"), submits this position statement in response to the discrimination charge filed by, Frank Fuentes (“Complainant”). In the Charge, the Complainant alleges discrimination based on age when he was denied the promotion to the position of Senior Manager Operations Practice (SMOP). UPRR has fully-investigated the allegation and as shown in this Position Statement, there is no merit to the Complainant's Charge.

This incident is similar to that of James Johnson because he was perceived to be of another race because of the way he spoke. When facing the person who made this perception, and them realizing that their assumption was wrong, something changed. In my case I was not hired and was too young to know that this could have been a form of discrimination. In Mr. Johnson experience he knew what went wrong and he bought the case to court.

This paper will assess my personal experience with prejudice in the workplace, including the implications of the situation to the organization in terms of its stakeholders, reputation, and its legal responsibilities. Furthermore, I will analyze the negative effects the discriminatory behavior had on morale and functioning of coworkers and employees. Lastly, I will recommend three action steps that I would have taken as a manager to avoid the situation, in addition to three steps to render the situation.