...policies in order to ensure fair treatment and protection against discrimination. The organization currently requires its cleaning crew to have a high school diploma. The city the organization is located in is fifty percent white with a seventy-five percent high school graduation rate, and the other fifty percent are minorities with only a twenty-five percent graduation rate. The fact that Gelato requires their cleaning crew to have a high school diploma may be a violation of the Civil Rights Act of 1964. In addition, seventy-five percent of its employees are between the ages of twenty-five and thirty-five, which may be a violation of the Age Discrimination in...
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...Running Head: Title IX Court Case Research on Title IX Court Case FIRST M. SURNAME INSTITUTIONAL AFFLIATION TITLE IX Court Case Introduction Title IX is a part of the Education Amendments of 1972. The amendment protects the citizens from discrimination from academic programs on the basis of their gender(Carpenter & Acosta, 2005). It provides that persons of either gender can be granted an opportunity in any education program within taking into consideration their gender. Title IX protects all the students enrolled in government sponsored institutions from discrimination. As much as the code of Civil Rights caters for the protection against such there are still areas where discrimination can arise (Boland, 2002).. For instance, enrollment in some degree programs or some sporting activities might be based on discriminating nature. The Amendments also guard the student against sexual harassment. This paper will look at the process of filing a Title IX lawsuit. It will analyze based on a sample case study on how to overcome the case based on the current provision of the Education Amendments as well as other relevant laws that pertain to that case. It will observe the consequences of the outcome of the case to the participants of the case. The evaluation will consider all the other external factors that are involved in the process of the filing process and representation in the court of law. Statement of the Court Case The case to be analyzed for the purposes of...
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...Legal, Safety, and Regulatory Requirements I do believe that common sense and compassion in the workplace has been replaced by litigation. We now live in a society where people are only looking out for themselves and their bottom line. Individuals know about their rights and how they think they deserve to be treated. When a person feels that they have been dealt a wrong, instead of an apology, they want a form of payment as an apology. In a recent study conducted by the American Psychological Association (2012), one third of the population is stressed out. This leaves people rushed and ready for instant results and short on listening skills. I also believe we live in a society where no one wants to take responsibility for their own actions, instead passing off responsibility to another person. Furthermore, with the advances in technology, people have grown accustomed to instant results. We have fast food restaurants, high speed internet, 4G cellphones, and instant access to just about everything. No one is willing to talk out problems or take the time to listen. One of the jobs of the human resource department is to help out and mediate in times of trouble with employees. Human resources is also there to guide employers in the legal regulations the United States government has set for the workplace. Employers are legally obligated to follow the guidelines set by the government on how employees are to be treated on the job. In the following paragraphs...
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... The purpose of this paper is to analyze how WalMart, the world’s largest employer is managing diversity. In the case study, WalMart is facing a class action lawsuit from a former female employee who feels she was the victim of gender discrimination. WalMart however, has received many accolades for it’s diverse workplace and internal growth opportunities. From reading and evaluating this case I intend to learn management theories and practices in building a diverse workplace. Why it’s important to have diversity in leadership and how to integrate a collaborative workplace. Analysis WalMart has been the focus of many lawsuits in the past ranging from discrimination to its most recent suit regarding minimum wage. Yet according to Daft (2012) “The retailers 1.4 million U.S. hourly associates earn $11.75 per hour on average. (p. 384). So there is obviously a vast discrepancy about who is benefiting on the high end of these wages. The Supreme Court has since dismissed the class action lawsuit of Dukes v. WalMart. The case was the largest sex discrimination lawsuit in history representing 1.6 million female employees. However, the court did not decide on whether or not discrimination took place. WalMart has also been sued for religious discrimination and agreed to pay an employee $70,000 for being fired because he observed the Sabbath. Based on these lawsuits my observation is that WalMart needs to get more serious about implementing and maintaining a diversity plan that can...
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...Effective human resources planning strategies are those that include having sufficient staff, with the right mixture of talent, and who are in the appropriate locations, performing their jobs when needed. It moves beyond the traditional role of human resources as primarily an administrative control function. In today’s corporate environment, it is viewed as a valuable component for adding value to an organization. Both employees and the company will often realize many benefits of planning over the long-run. In uncertain business settings, the significance of strategic human resources planning can become obvious very quickly. A company that reacts to circumstances by cutting staff as a measure to reduce short-term overhead can create unwanted repercussions. What initially looked like a smart and necessary move to economize in lean times can end up costing the company much more in the long-run. The resources that will be needed to subsequently recruit, hire, and train new employees may well exceed any short-term cost savings. Forward-looking human resources planning typically anticipates future staffing requirements. It can help organizations avoid cost errors. Strategies are formulated to not only anticipate their needs over time, but to consider optimal solutions for the long term and under challenging economic conditions. This approach minimizes the chance of short-sighted and reactive choices being implemented by decision-makers. Organizations with a plan in place, and a keen...
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...Racial Discrimination and Harassment Case Study Dana Agent 3/9/2014 A very clear example of harassment based on an employees’ race is evident in the lawsuit filed against MMR Constructors, Inc. in Arkansas. An African American employee was subjected to racial harassment by white employees that included racially offensive language, graffiti and death threats. White employees went as far as going to the black employees’ home in the middle of the night and threatened his life because he apparently reported the racially charged incidents to the company. The employee reported the “midnight visit” incident to the company and the company refused to take action against the employees because it did not happen at work. When a company overlooks incidents happening on and off the worksite, it gives the harasser the impression that the company condones the behavior. Harassment by definition is the act or an instance of harassing, or disturbing, pestering, or troubling repeatedly; persecution. The Equal Employment Opportunity Commissions’ (EEOC) definition of harassment includes slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. “Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).” (EEOC.gov) The employee was a victim of harassment and subjected to unethical...
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...Trident University International XXXXXXXXXX Management 516 Module1 Case Study: Gelato EEO and HRM 2013 Professor: INTRODUCTION Companies operating in the United States need to be in compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is...
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...Gale Encyclopedia of Small Business: Racial Discrimination http://civilliberty.about.com/od/raceequalopportunity/tp/Racial-Discrimination.htm Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Court rulings handed down through the years have determined that a company's responsibility not to discriminate based on race begins even before an individual is hired. Companies can be held liable if pre-employment screening or testing is determined to be discriminatory, if applications ask unacceptable questions designed to screen for race, or if the overall selection process is deemed to be unfair. One of the main indicators that racial discrimination has occurred in the hiring process involves the qualifications of the job applicants. While a slight difference in qualifications between a minority and nonminority candidate do not automatically indicate racial bias (if the lesser qualified nonminority candidate is hired over the minority candidate), a drastic difference in qualifications has almost always been upheld...
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...older workers, especially regarding promotions, really affect their retirement intentions, distinguishing between men and women. Design/methodology/approach – First, the author uses the 1992 wave of the Health and Retirement Study to estimate, through a Fields decomposition, the relative contribution of the feeling of an older worker to be discriminated against regarding promotions; and to explain the self-reported probability to work full time after 62, decomposing by gender. Second, using the two first waves of HRS, the author removes any bias due to time-constant unobserved heterogeneity, to test whether the individual feeling of being passed over for promotion may be misreported, owing to a strong preference for leisure. Finally, the author examines the effect of a change in this variable over time on the intentions to exit early. Findings – The Fields decomposition shows that feeling passed over for promotion plays a non-negligible role to predict retirement plans but only for women. In addition, using panel data allows a misreporting bias to be exhibited that may lead to underestimating of the negative effect of discriminatory practices towards older workers on their retirement plans. Lastly, an increase between 1992 and 1994 in the age-discrimination towards older workers encouraged women to leave their job early, while it had no effect on retirement plans of men. Practical implications – Empirical results put forward the idea that retirement intentions may differ across...
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...discuss personal employment experiences and issues. It will also share a personal view on employment conflicts, questions, grievances, lawsuits, etc. It will include the analysis of experienced employment situations and describe the possible legal actions taken in the resolution of them. Everything started in the earlier 1800s, this is when the United States became industrialized, before then the regulations of employment were under the doctrine of laissez-faire, which means that that employment was subject to common law of contracts and agency law. Once the country became industrialized the state legislation and the federal government became enacted to protect workers’ rights, this also included child labor, unsafe working conditions, long hours and low pay. Before the Title VII there was another Civil Rights Act, it was in 1866 right after the civil war, and it was enacted by the federal government protecting and giving African Americans the same rights as Caucasians due to the end of slavery after the war. Title VII of the Civil Rights Act of 1964 was enacted by Congress to eliminate job discrimination based on race, color, national origin, religion and sex. This last one, sex, is been overwhelmingly high brought up by women, which brought up also the Pregnancy Discrimination Act in 1978. This act forbids discrimination because of pregnancy, childbirth and/or related conditions. In the mid 1990s the Americans with Disabilities Act (ADA) was signed to protect...
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...In July of 1991, Fred Maiorino lost his job as a sales representative for Schering-Plough after several years as a top salesperson. After a lengthy court case and trial, Fred won a lawsuit in the state of New Jersey for age discrimination and was awarded $8.44 million in 1994. Whether or not Fred’s age was the reason Maiorino was actually a factor is beyond the scope of this paper or the information on hand. The jury that sat for the trial certainly has more details and first-hand accounts of the issues; the jury decided in favor of Maiorino and, with a little faith in our justice system, I will accept their decision. After a review related to motivation, I discuss the actions Schering-Plough took to motivate Fred and the way feedback and age affect job satisfaction and job performance. Motivation Methods of motivating employees is much discussed in management journals. From Herzberg’s KITA (kick-in-the-ass) method (2003) to need- based motivation to reinforcement theory, this issue has raised many questions about what kind of motivation works for companies. In my research, I found that one of the most important things for managers to keep in mind when trying to motivate an employee is that every employee is different and will react differently to the various techniques available (Duening & Ivancevich, 2006; Kolstrup, 2012; Milbourne & Francis, 1980; Deal, Stawiski, Graves, Gentry, Weber & Ruderman, 2013). A lack of absenteeism, putting forth best effort, always...
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...Case Study Analysis XXXXXXXXXXXXXXXX HRM/552 Organizational Training and Development MBAX1CGU82 Sherri Johnson Workshop 2 May 26, 2014 Case Study Analysis The purpose of this paper is to review and select the case studies in Ch. 2 of Human Resource Management. The author will explain and summarize University of California Regents vs. Bakke case summary, the court’s ruling, how the court’s ruling may possibly impact the organization and for businesses in general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions...
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...knowledge of what is expected of them on the job and how they are expected to act. This will allow the employees to put into practice the correct code of ethics and those policies and procedures that the company has put into place. Fair business practices dictates that a company must put forth good effort to deliver the best level of ethics on a continued basis so that employees, applicants and customers may receive them because they are entitled to them. The goal of this paper is to examine the ethical and legal theories that apply to an ethical situation in the Coca-Cola Company and look to find how the situation could have been avoided. Recently Coca-Cola was sued for a racial discrimination case in the workplace. This paper will look at the study of “legal and ethical issues regarding racial discrimination in Coca Cola and their possible solutions in order to provide a safe environment for their employees to work”. The situation of...
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...Sample CONSOLIDATED CHICKEN PRODUCTS Sex discrimination in the workplace comes with many different faces. In its most basic form, it involves outright exclusion of women, solely by reason of their gender. However, even where women have gained access to the workplace, sex discrimination may persist in other ways. Examples include identification of particular jobs as “man–only” or “woman–only” or through the existence of a “glass ceiling” that ensures women will only go so far on the corporate ladder (Brayton Purcell 2010). Reasonable basis for discriminating Based on the case study I believe that the company was discriminating against the women with regards to pay. The analysis stated that all women performing the same functions as men were paid about $3.68 less than their counterparts. I know that this study was based back in the 1980’s were it was common for men to make more than women doing the same jobs and discrimination was shun upon at that time and if the employee felt like that there was the door. Also in the office jobs (secretaries) the company had a labor grade system and the office staff which by the way were all women where listed under the labor grade 1 which paid an average wage of $7.05-$10.50 per hour but the women were paid $7.15-$7.35 per hour well below the labor grade. Discrimination is clearly seen here because the organization didn’t pay their women employees the labor grade they had listed. The company needed to understand...
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...Introduction and Conclusion Are affirmative action policies and programs still necessary in this day and age, even if it creates reverse discrimination? One of the country’s top debated issues is affirmative action. Affirmative Action came about when President John F. Kennedy signed Executive Order 10925 that created the President’s Committee on Equal Employment Opportunity whose purpose was to ensure all employees are treated fairly, without regard to race, creed, color, or national origin (Elliott & Ewoh, 2000). Since its inception, Affirmative Action program and policies have taken on a life of their own. Affirmative action is a term that refers to mandatory and voluntary programs intended to affirm the civil rights of designated classes of individuals. Affirmative action or Executive Order 11246 (EO11246) was created, after the civil rights movement, by the federal courts to ensure companies were not using discriminatory hiring practices. Affirmative action is similar but different from equal opportunity. Equal opportunity is an attempt to avoid discrimination by applying the performance related criteria to all applicants, in other words, each individual should be given the same treatment as all other individuals. Unequal treatment of minority groups is considered discriminatory and illegal. This process ignores the past history of discrimination of an employer and also keeps the use of categories in hiring practices from being utilized. Affirmative action...
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