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Armond Shipp
Case Study/ White Paper HRMN 300


July 4, 2013



Pomodoro Ltd. Code of Business Conduct 2013.
Pomodoro Ltd. is a food and beverage industry giant and our recent merger with Thompson snack foods will enable us to grow our business to the next level. In order to do that successfully we will need to be in compliance with all U.S. employment regulations. The following information will be outlined in detail; Occupational Safety and Health Administration laws, sexual harassment policy, Americans with Disabilities Act, and Equal Employment Opportunity. Employees of Pomodoro Ltd., like all major companies, derive from different countries and cultures. Our goal is to educate our employees of all backgrounds so that we are all in compliance with the company’s guidelines. 
As a leader in the food and beverage industry it is especially important for our company to be aware and compliant of Occupational Safety and Health Administration (OSHA) laws. It is our responsibility as employers to comply with all applicable OSHA standards. Under the OSHA act employers are responsible for providing a safe and healthy workplace. OSHA regulations state all employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected against contamination. (Safety and Health Regulations, 2012) All employees of Pomodoro Ltd. will be required to comply with all posted OSHA rules and regulations and pass a mandatory training class on workplace health and safety. 
Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission (EEOC) as sex discrimination that violates the Title VII of the 1964 Civil Rights Act. It can include unwelcome sexual advances, verbal conduct of a sexual nature or requests for sexual favors. (Facts about Sexual Harassment, 2012) No employee of Pomodoro Ltd. should participate in any activity that unreasonably interferes with another employee’s work performance or creates an intimidating, negative or hostile work environment. Sexual harassment can occur in a variety of circumstances, a victim can be a male or a female; the harasser can be a supervisor or subordinate. A victim can also be someone who is not harassed but involved in or affected by the abusive conduct. If you feel you are being harassed it is important that you tell the harasser directly that the conduct is unwelcome and it must stop. Sexual harassment will not be tolerated at Pomodoro Ltd., all employees will be trained on the sexual harassment policy and anyone who violates this policy will jeopardize their employment status. 
The Americans with Disabilities Act (ADA) protects anyone with a mental or physical impairment that sustainably limits one or more major life activities. (A Guide to Disability Rights Laws, 2009) The Americans with Disabilities Act prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals unless it results in undue hardship. Pomodoro Ltd. will abide by the ADA rules by providing qualified individuals with disabilities an equal opportunity to benefit from all of our employment opportunities available to others.
Pomodoro Ltd. will not participate in discrimination of job applicants or employees based on a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Under the Equal Employment Opportunity Act it is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. (About EEOC, 2012) Our goal at Pomodoro Ltd. is to educate our employees on discrimination in order to avoid it in the workplace. 
In addition, the aftermath following the September 11, 2001 terrorist attacks have resulted in employment discrimination against those perceived as Muslim or Arab. (What you should Know, 2012) The Equal Employment Opportunity Commission has taken additional steps to prevent and remedy national origin and religious discrimination involving the Muslim, Sikh, Arab, Middle Eastern and South Asian communities. Pomodoro Ltd. will provide reasonable accommodations for religious practices unless doing so will result in undue hardship. No employee of Pomodoro Ltd. should use or participate in the use of ethnic or religious slurs or offensive conduct. 
All employees of Pomodoro Ltd. are expected to comply with the 2012 Code of Business Conduct, as a multinational firm we strive to create a positive work environment and culture of respect. Employees who feel they have been subjected to any type of discrimination or harassment should file a confidential complaint utilizing our company policy and guidelines. An employee also has the right to directly contact any of the federal agencies that enforce employee rights. Listed below are the agencies and their contact information.
U.S. Equal Employment Opportunity Commission, 1-800-669-400, [e-mail] 
U.S. Department of Justice, 1-800-514-0131, www.ada.gov 

References

A Guide to Disability Rights Laws. (2009). U.S. Department of Justice. Retrieved from http://www.ada.gov/cguide.pdf
Facts about Sexual Harassment. (2012) U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/eeoc/publications/fs-sex.cfm
Safety and Health Regulations for Construction. (2012). Occupational Safety and Health Administration. Retrieved from http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10624
What You Should Know about the EEOC and Religious and National Origin Discrimination Involving the Muslim, Sikh, Arab, Middle Eastern and South Asian Communities. (2012). U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/eeoc/newsroom/wysk/religion_national_origin_9-11.cfm

References: A Guide to Disability Rights Laws. (2009). U.S. Department of Justice.   Retrieved from http://www.ada.gov/cguide.pdf Facts about Sexual Harassment. (2012) U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/eeoc/publications/fs-sex.cfm Safety and Health Regulations for Construction. (2012). Occupational Safety and Health Administration.   Retrieved from http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10624 What You Should Know about the EEOC and Religious and National Origin Discrimination Involving the Muslim, Sikh, Arab, Middle Eastern and South Asian Communities. (2012). U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/eeoc/newsroom/wysk/religion_national_origin_9-11.cfm