Critical Thinking Assignment: Equal Opportunity Issues

Critical Thinking Assignment Equal Opportunity Issuesyour Nameman

Critical Thinking Assignment #____ Equal Opportunity Issues Your Name Management 320 Professor Dennis Kimble Date Abstract The key to a successful business is having the right people, in the right places, at the right time. This is all a function of Human Resource Management and solid recruitment tools. These recruitment tools range from posting advertisements in newspapers, electronic recruiting, and professional recruiters. They are all good tools, but which tool you use depends on the audience you are trying to reach. Therefore, each open position within a company requires a thought-out recruitment plan.

Adapting recruitment tools to fit the position and audience is an important part of recruiting. You will also need to be prepared for any potential problems with recruiting tools and know how to overcome them. Critical Thinking Assignment 1 Levels of Achievement Criteria Not Acceptable Poor Fair Good Paper is formatted properly and includes: Title and a maximum of three pages of text. 0 % Paper does not follow the required elements. 50 % Paper only covers few of the required elements. 75 % Paper includes most required elements. 100 % Paper includes all the required elements, such as: Title Page, Abstract and a maximum of three Proofreading & Editing of Paper (Overall paper is free of spelling, grammar and punctuation errors) 0 % Paper has more than 5 errors. 50 % Paper has 3-5 errors. 75 % Paper has 1-2 errors. 100 % Overall paper is free of spelling, grammar and punctuation errors Quality of written paper: Content is organized and written in a clear and easily understood manner. 0 % Content is confusing and dicult to understand. 50 % Some content areas needs clarication. 75 % Most of the content is clear and easy to understand. 100 % Content is organized and written in a clear and easily understood manner. Proper identication of discrimination laws and presentation of a workable solution for each scenario.

Directions: For this exercise you are acting as a Human Resource Professional. Applying your knowledge of current HR laws, the text, and other sources: (1) examine each of the following scenarios (2) determine which law potentially is being violated (3) describe what actions you would take as the HR manager NOTE: This assignment must include: · a cover page · opening abstract · a maximum of three pages of text · a reference page including text citations. The write-up for each of the five separate scenarios should be presented in a business format. Please edit and proofread the final paper you are presenting. This assignment must have an APA format cover sheet and reference page along with in-text citations. The only part of the paper which does NOT have to be APA format is your write up of answers.

You can simply type Scenario 1: Scenario 2: etc. Scenario 1: Adam, an African American employee in your retail operation, has filed a complaint with Human Resources indicating that several white coworkers, including two supervisors, are harassing him because of his race. He alleges that they call him racist names. He also indicates that his supervisor refuses to allow him to work overtime, preferring to give overtime opportunities to white employees. He is a solid associate with no attendance issues and he’s always very helpful to customers. After reviewing the overtime log, you discover that each of his coworkers has averaged five hours of overtime per week. Scenario 2: You are the HR manager for a regional construction firm based in Atlanta, Georgia. In most cases, you create ads seeking temporary construction work in various cities where projects exist. However, occasionally site supervisors place their own ads in local papers. After three phone calls from women in Tampa, Florida, objecting to a recent ad placed in that city’s newspaper, you conduct an investigation. You discover the ad placed by the Tampa, Florida site supervisor reads, “Young men wanted for construction in the Tampa area." Scenario 3: On a weekly basis, you hold meetings with hiring managers to review recently submitted resumes and applications. These meetings determine which candidates to bring in for an interview. One hiring manager, after reviewing a resume you handed him, says, “I’m not interested in this one.” You ask him why, and he explains, “He has some personal information on here, and he’s indicated he was born in Mexico.” You remind the hiring manager that the candidate has 10 years’ experience and an MBA from a top ranked school. So far, it is the best resume you’ve seen for this particular position. The hiring manager responds, “So? I don’t want to take a chance that the wetback is illegal in this country.” You then describe the appropriate legal standards and explain that employment decisions based on national origin are prohibited by law. Scenario 4: Tiffany, an associate on the production line for assembling mechanical pencils, is six months’ pregnant. You have discovered that her supervisor has required Tiffany to work light duty jobs in the production office, which means she is ineligible for the incentive program. This means a potential loss to Tiffany of approximately $60 per week extra in incentive pay. When you ask the supervisor about the situation, he replies, “Are you kidding? She is 6 months pregnant. She could get hurt or something might happen to her baby. As an HR manager, aren’t you concerned about things like that?” Scenario 5: You are the HR manager for a national consumer-goods manufacturer with four plants spread across the country and a corporate office in Cincinnati, Ohio. Each plant has a full-time cost analyst who keeps tabs on production expenses, efficiencies, and so on. The best cost analyst, Jennifer (38 years old), is located at the LA office facility. She has been extremely successful in reducing overhead costs and has started several initiatives that have gone company-wide in significantly reducing costs. An opening for cost manager, based in Cincinnati, has emerged, and the company is conducting a national search to fill this position, which will oversee all four cost analysts. Jennifer has asked to be considered. The VP of finance, to whom the cost manager position will report, does not wish to consider Jennifer. He points out that she has multiple sclerosis and, since she now has to use a walker or crutches to get around, her condition will only worsen. He feels that even though she has the most qualified candidate, he is uncertain how long she’ll be physically able of performing the essential functions of the job.

Paper For Above instruction

As a Human Resources professional, navigating the intricacies of equal opportunity laws is essential to ensuring a fair, equitable, and lawful workplace. Each scenario presented highlights potential violations of federal and state employment laws, and responding appropriately is crucial to maintain compliance and uphold ethical standards. This paper examines five scenarios, identifies the relevant laws potentially being violated, and proposes appropriate HR actions to address each situation.

Scenario 1: Racial Harassment and Overtime Discrimination

Potentially Violated Law: Title VII of the Civil Rights Act of 1964. This law prohibits employment discrimination based on race, color, religion, sex, or national origin. The harassment described—racial slurs—and the differential treatment regarding overtime opportunities suggests a violation of Title VII. Specifically, the discriminatory denial of overtime to Adam based on race may constitute racial discrimination, and harassment based on race is also a violation.

HR Action: The first step is to thoroughly investigate Adam's complaint, ensuring confidentiality and impartiality. If the investigation confirms racial harassment or discrimination, disciplinary action must be taken against involved parties, and appropriate remedial measures should be implemented, such as diversity training and implementing strict anti-harassment policies. It is also important to ensure that all employees are aware that harassment and discriminatory treatment will not be tolerated, and overtime opportunities should be allocated fairly based on job performance and seniority, not race.

Scenario 2: Discriminatory Advertising

Potentially Violated Law: Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC) guidelines. The ad seeking “Young men wanted” discriminates based on sex and violates federal laws prohibiting employment discrimination based on gender. Additionally, placing discriminatory ads can be considered an unlawful employment practice.

HR Action: It is necessary to immediately address the inappropriate ad by instructing the site supervisor to stop such discriminatory practices and removing the ad. A company-wide policy should be reinforced regarding nondiscriminatory hiring practices. Furthermore, training should be provided to all hiring personnel and supervisors on equal opportunity employment laws, ensuring that all advertisements and hiring practices promote inclusivity and comply with federal and state laws.

Scenario 3: Discrimination Based on National Origin and Racial Bias

Potentially Violated Law: Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on national origin, race, or ethnicity. The hiring manager’s comment regarding the candidate based on their country of origin is a direct violation, reflecting racial bias and discrimination.

HR Action: Intervention requires education of hiring managers about their legal obligations. Conduct training sessions emphasizing that employment decisions must be based on qualifications, experience, and merit, not personal or racial biases. Also, establish procedures where suspicious or biased comments are reported and addressed promptly. Reinforcing the organization's commitment to diversity and inclusion helps prevent such discriminatory attitudes from influencing hiring decisions.

Scenario 4: Pregnant Employee Discrimination

Potentially Violated Law: The Pregnancy Discrimination Act (PDA), an amendment to Title VII, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Requiring Tiffany to work only light duty, thereby denying her incentive pay, could be seen as discriminatory if it treats pregnant employees less favorably.

HR Action: The policy must be reviewed to ensure that pregnant employees are given the same opportunities as other employees, unless a legitimate safety concern exists, which should be documented thoroughly. Supervisors should receive training on accommodations and nondiscrimination policies related to pregnancy. In this case, Tiffany should be allowed to participate in the incentive program unless there is a valid safety issue that must be addressed with proper documentation.

Scenario 5: Discrimination Against a Qualified Employee with a Medical Condition

Potentially Violated Law: Americans with Disabilities Act (ADA). This law prohibits discrimination based on a disability and requires reasonable accommodations. Denying Jennifer consideration for the promotion due to her multiple sclerosis and potential worsening condition is discriminatory unless the employer can demonstrate that her participation would impose an undue hardship.

HR Action: Conduct an individualized assessment to determine job-essential functions and whether Jennifer can perform these with or without accommodations. Engage in a dialogue with Jennifer to understand her capabilities and explore reasonable accommodations. Decisions based solely on her medical condition without considering her qualifications and potential accommodations violate the ADA. Promoting an inclusive workplace involves assessing reasonableness and providing necessary adjustments to support qualified employees with disabilities.

Conclusion

Ensuring compliance with equal opportunity laws requires vigilance, education, and consistent application of policies. As HR professionals, it is vital to investigate complaints thoroughly, provide ongoing training, and foster an inclusive work environment where discrimination in any form is unequivocally unacceptable. Applying legal standards thoughtfully not only mitigates legal risks but also promotes a fair and respectful workplace culture.

References

• Equal Employment Opportunity Commission (EEOC). (2020). Laws Enforced by EEOC. https://www.eeoc.gov/statutes/laws-enforced-eeoc
• U.S. Equal Employment Opportunity Commission. (2017). The Laws That Protect You from Discrimination. https://www.eeoc.gov/laws
• U.S. Department of Labor. (2020). Pregnancy Discrimination. https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/pregnancy-discrimination-act
• Americans with Disabilities Act of 1990, Pub.L. 101-336, 104 Stat. 327 (1990).
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• Equal Employment Opportunity Commission. (2021). Enforcement Guidance on Discrimination Because of Sex, including same-sex marriage and transgender status. https://www.eeoc.gov/laws/guidance/enforcement-guidance-discrimination-because-sex
• Society for Human Resource Management (SHRM). (2022). Harassment and Discrimination in the Workplace. https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/pages/harassment-and-discrimination.aspx
• Code of Federal Regulations. (2020). 29 CFR Part 1604 - Equal Employment Opportunity. https://www.ecfr.gov/current/title-29/subtitle-A/chapter-XVI/part-1604
• National Partnership for Women & Families. (2021). Workplace Accommodations for Pregnant Workers. https://www.nationalpartnership.org/our-work/resources/workplace/workplace-accommodations-for-pregnant-workers.pdf
• ADA National Network. (2020). Rights and Responsibilities of Employees and Employers under the ADA. https://adata.org/factsheet/rights-and-responsibilities