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Formative Assessment Activity

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Formative Assessment Activity
University of Phoenix
HRM 546 Human Resource Law
Jay Hinkel
October 3, 2011

To: Esq., Manager
From: Regional Manager
Date: Monday, October 3, 2011
Re: The Shoe Store Incident
Based on your evaluation of the incident at your store in respects to switching employees due to a customer preference in dealing with a woman instead of a man I’ve concluded the following:

By using the female employee versus the male employee to serve the customer the company would be in violation of Title VII for gender discrimination. Title VII laws regarding gender cover the full scope of the employment relationship which describes that gender may not be the basis of any decision related to employment unless gender is used as a bona fide occupational qualification (BFOQ). Customer preference is not a legitimate and protected reason to treat otherwise qualified employees differently based on gender.

Additionally, allowing the female employee to assist the customer over the male employee would be in violation of the store’s rotation policy. The policy states that each working day, two employees work in the store; one working the front and one working the back. Rotation occurs on a daily basis in order to disperse commissions fairly. Since this is company policy, there is no flexibility to change that policy and to rotation schedule clearly states that it is the male employee’s turn to earn commission.

Discrimination based on gender is illegal and not in keeping with good business practices of efficiency, maximizing resources, and avoiding unnecessary liability.

Bennett-Alexander, D. D., & Hartman, P. L. (2007). Employment Law for Business (5th ed.). New York, NY: McGraw-Hill.

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