1. It is not true that Jacks company, because they hire mostly women and minorities, cannot be accused of discrimination. As the 1964 civil rights act states, it is unlawful for an employer shall not limit, segregate or classify his or her employees or applicants for employment in anyway (Dessler, p. 184). So in this company Jack is trying to be more favorable to the women and minorities because he does not want to be investigated. His hiring process is discriminating against every applicant. Jack has his managers to ask women questions such as who will take care of her children while she is at work. This question is a highly personal question and is an assumption that the woman will be unreliable. For minorities the managers must ask them if they have …show more content…
ever been arrested. By asking them they are judging the person due to an arrest that they may or may not have been guilty for. When the managers are told to ask these questions they are segregating women and minorities from the non-minorities because they can just hire a “white” person without having to ask them. There are serious issues that arise for an investigation to take action, such as, having women reporting about sexual advances, and an older employee complaining about being paid less than the younger ones that are performing the same job. Employers can be accused of discriminatory practices at any time. 2.
Sexual harassment is a violation of Title VII when such conduct has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment (Dessler, p187). The unfortunate fact is that most people quit or try to avoid their harasser due to the fear of being fired or being judged that they are doing something wrong. To be able to address a charge of sexual harassment Jessica wants to document the complaint and start to investigate the situation. By starting the investigation she and the company are listening and want to change the situation. Once the investigation shows that there is sexual harassment occurring they then want to take the appropriate corrective action which could include an action from being suspended without pay all the way up to or including discharging the employee for their unlawful decision. The company should also start developing a stronger more in depth policy that helps prevent a sexual harassment charge to happen again. The company then should have mandatory training for all the managers to ensure they understand the importance of the policies being
placed. 3. In regards to the age discrimination claim, which is covered under the Age Discrimination in Employment Act of 1967, should also be addressed whether the claim is valid and if indeed he has been discriminated due to his age. The ADEA states that it is unlawful to discriminate against employees or applicants for employment who are 40 years of age or older (Dessler p. 184). The company should review the pay structure and pay rates to determine wheather there is discrimination in the pay system with regards to the older worker bring paid less than the younger ones for performing the same job.
References
Dessler, G.(2012). Supervision and leadership in a changing world. Upper Saddle River, N.J: Prentice Hall.