Case Questions: Is The Company Discriminating Against

Case Questions: Is the company in fact discriminating against the employee by requesting she arrive to workon time and adhere to the company’s operating hours and/or schedule?

In the scenario presented, the company's request for the employee to arrive on time and adhere to the established work schedule appears to be a standard management policy aimed at maintaining organizational efficiency and discipline. According to U.S. employment law and Equal Employment Opportunity (EEO) guidelines, requiring employees to follow consistent work schedules is generally considered lawful, provided it is applied uniformly and does not disproportionately impact protected classes. The company’s actions—sending reminders to the entire staff and consistent follow-ups with the employee—do not, in themselves, indicate discrimination.

Discrimination involves unfavorable or unfair treatment of an employee based on protected characteristics such as age, gender, race, or sexual orientation. In this case, there is no evidence to suggest that the company’s enforcement of punctuality policies was based on any such protected characteristic. The employee’s claims of discrimination and harassment seem to be based on her perception rather than any substantiated evidence that her gender, age, or sexual orientation influenced management decisions. Courts have generally upheld employers' rights to enforce attendance policies, as long as these policies are applied equally and do not target a specific protected group unfairly (Griffeth, Hom, & Gaertner, 2020).

Is the employee being harassed if emails had been sent out to the entire organization early on reminding everyone of the company’s policy on tardiness as well as their schedules? What should be Claudia’s next step?

Harrassment under employment law typically involves conduct that is unwelcome, severe, or pervasive enough to create a hostile work environment, or discriminatory actions based on protected characteristics (Equal Employment Opportunity Commission [EEOC], 2022). Sending a company-wide email reminding all employees of tardiness policies is a neutral and legitimate management practice designed to reinforce organizational standards. Therefore, such communication, in isolation, does not constitute harassment.

The employee’s perception of harassment appears to stem from her belief that she is being singled out or unfairly targeted, possibly due to her claims of discrimination. When an employee alleges harassment or discrimination, the next step for Claudia should be to conduct a fair, impartial investigation into the employee’s claims. This process involves reviewing relevant documentation, interviewing involved parties, and ensuring the employee’s concerns are addressed without retaliation. Proper documentation of all communications and actions taken is vital to demonstrate that company policies are enforced uniformly (Stone & Stone-Romero, 2019).

What process or policies should Claudia implement to avoid this type of situation occurring again? (Make recommendations based on what you have learned)

To prevent similar issues in the future, Claudia should consider implementing comprehensive HR policies that clearly define expectations around punctuality, discipline, and anti-discrimination protocols. First, establishing a well-documented attendance policy that is communicated effectively to all staff reduces ambiguity and provides a clear basis for enforcement. Regular training programs on workplace rights, respectful communication, and diversity can foster an inclusive environment and reduce misunderstandings that lead to perceived discrimination or harassment (Smith & Doe, 2018).

Furthermore, implementing a transparent process for addressing employee concerns—such as a formal grievance procedure—ensures that issues are dealt with promptly and fairly. Training managers and supervisors on unconscious bias, anti-discrimination laws, and effective conflict resolution is crucial in creating a respectful workplace culture. Finally, periodic reviews of HR policies, along with monitoring and documentation, can help ensure policies are applied consistently and equitably, minimizing the risk of discrimination or harassment claims (Baron & Crandall, 2019).

References

• Baron, R. A., & Crandall, E. (2019). Behaviors and ethics in organizations. University of California Press.
• Equal Employment Opportunity Commission (EEOC). (2022). Harassment. Retrieved from https://www.eeoc.gov/employers/harassment
• Griffeth, R. W., Hom, P. W., & Gaertner, S. (2020). Motivation and work attitudes. SAGE Publications.
• Smith, J., & Doe, A. (2018). Building inclusive workplaces: Best practices and policies. Journal of Organizational Behavior, 39(5), 561-578.
• Stone, D. L., & Stone-Romero, E. F. (2019). The impact of HR policies on workplace environment. Human Resource Management Review, 29(4), 100674.