On-Line Human Resource Management Experiences
The Legal Side of HR: Handling Equal Employment Issues at Mega Manufacturing
It’s Friday afternoon, and you’re looking forward to catching up on some leisure activities this weekend. You accompany the owner of Mega Manufacturing on a tour of the plant to meet some of the hourly employees. A female employee comes up to you and complains that a male co-worker has been sexually harassing her. While you are talking with her, the owner receives a phone call. When he hangs up, he tells you that the caller was a former job applicant, who insists that he was not hired because he is a member of a minority group. The former applicant plans to file a claim with the EEOC. The owner asks for your advice on how to begin handling these issues. So much for that weekend of relaxation.
What Action Do You Take?
A. Schedule a meeting with the female employee to discuss specifics of the incident. Then plan to do the same with the male employee who she claims is doing the harassing.
B. Discipline the supervisor for the harassing behavior and warn him that additional acts will result in termination.
C. Review the company’s formal policy on harassment with the female employee and demonstrate that the behavior could not have been harassment because she was still capable of performing her job.
Incorrect Responses
B. This is an appropriate step that may come up as a result of the investigation, but it’s a bit premature to assume the supervisor is guilty at this point without doing a complete investigation of the incident(s). Re-visit this step if he is determined to be in violation of the company policy. / C. This will only make matters worse as the employee will likely think that either you don’t believe her or that you simply don’t care and want the issue to just disappear. Besides, victims need not show that the harassment made them incapable of doing their jobs, only that the environment had a negative impact on their psychological well-being.On-Line Human Resource Management Experiences
The Legal Side of HR: Handling Equal Employment Issues at Mega Manufacturing
Summary of Steps Taken:
1. Schedule a meeting with the female employee to discuss specifics of the incident. Then plan to do the same with the male employee who she claims is doing the harassing.
It will be critical to investigate rapidly in this case to determine what is really occurring. While there may or may not be harassment, it is important to not let the reputation of one of the employees shape your opinion of the truth. Remember that there are multiple types of sexual harassment and just because certain people may not be offended by some types of behavior, it does not mean that harassment didn’t occur.
During the investigation, you find out that the male employee was making a few unwelcome comments occasionally, but never told her that her future with the company depended on her willingness to engage in sexual activities with him. He is not even her supervisor. The owner thinks that the company is likely “in the clear” on this one and wants the matter dropped as soon as possible.
What Action Do You Take?
A. Agree with the owner and act to drop the issue as a simple misunderstanding with the expectation that the behavior should probably stop.
B. Schedule a meeting to reiterate the company policy on sexual harassment with a general warning to everyone present that this type of behavior is not and will not be tolerated at Mega.
C. Respond that while there may be no quid pro quo case of harassment, the actions of the male employee could still be causing the female to feel that this is now an intimidating, hostile, or offensive work environment.
Incorrect Responses
A. This would not be a wise choice. While it’s true that there is no quid pro quo case present, Mega needs to be concerned that the situation created a hostile environment. The investigation needs to be completed and appropriate discipline steps taken once a determination is made. / B. While this is a good decision, it is not the right choice here as Mega is not “in the clear” just because there is no issue of continued employment being based on sexual favors. Go ahead and do this, but it should come later (after the investigation has been completed because there are more pressing concerns).On-Line Human Resource Management Experiences
The Legal Side of HR: Handling Equal Employment Issues at Mega Manufacturing
Summary of Steps Taken:
1. Schedule a meeting with the female employee to discuss specifics of the incident. Then plan to do the same with the male employee who she claims is doing the harassing.
2. While there may be no quid pro quo case of harassment, the repeated comments by the male employee could still be causing the female to feel that this is now an intimidating, hostile, or offensive work environment.
It really doesn’t matter whether the person is a supervisor or not and the actions do not need to involve the request for sexual favors. Even having suggestive pictures hanging up could be enough to result in sexual harassment. This is an area that continues to grow in importance to organizations nationwide. Finish the investigation and then take the appropriate disciplinary actions up to and potentially including termination.
You didn’t forget about the disgruntled applicant who is filing the EEOC claim, did you? The owner tells you that the 44-year old applicant had strong skills for the job but was ultimately not hired because of his failing test scores on a mechanical ability test that the company uses for all applicants. The owner mentions he was shocked that the 52-year old white applicant did so much better on the test. It sounds like another Title VII issue under the 1964 Civil Rights Act. Which type of discrimination did you need to make the owner aware of and what should be the first step?
What Action Do You Take?
A. Disparate treatment; explain to the owner that there is no issue as long as all applicants took the test.
B. Adverse impact; ensure that the test is truly relevant to the job the person interviewed for.
C. Age discrimination; advise the owner that may have a potential issue because the applicant who failed the test is older than 40 and therefore protected by the Age Discrimination in Employment Act.
Incorrect Responses
A. While this choice is technically correct in that there was no specific practice of treating certain types of people differently than others, you’re not off the hook yet. / C. While 40 and above is the age where this becomes a protected class, you are not in violation of this act since the applicant selected was older than the person rejected.
On-Line Human Resource Management Experiences
The Legal Side of HR: Handling Equal Employment Issues at Mega Manufacturing
Summary of Steps Taken:
1. Schedule a meeting with the female employee to discuss specifics of the incident. Then plan to do the same with the male employee who she claims is doing the harassing.
2. While there may be no quid pro quo case of harassment, the repeated comments by the male employee could still be causing the female to feel that this is now an intimidating, hostile, or offensive work environment.
3. On the applicant discrimination issue, make the owner aware that this may be a case of adverse impact. Ensure that the test is truly relevant to the job the person interviewed for.
You do indeed have a potential adverse impact issue. Adverse impact is more subtle than disparate treatment and occurs when a company treats all applicants the same but their practices result in different employment opportunities for different groups. An important key will be whether the mechanical ability test in this case accurately identifies people who can do the job better.
Good news: the mechanical ability test has a high validity for this type of position. Bad news: 70% of white applicants are hired for this type of position, but only 24% of minority applicants are hired; it looks like you will fail the 4/5 rule.
What Action Do You Take?
A. Tell the owner that it would be wise to choose a different job-related test that has no adverse impact even if the test is not quite as good of a predictor.
B. Start hiring several minority applicants immediately. The 4/5 rule says that if you hire 70% of white applicants, you need to hire at least 56% of minority applicants (80% of 70%).
C. Since the test is validated, you tell the owner not to worry about the 4/5 rule in this case.
Incorrect Responses
A. While it would be nice to have a test that does not result in adverse impact, this one is validated. You do not want to sacrifice the validity of this test as a good predictor of future performance on the job just to lessen the potential adverse impact. / B. There’s nothing wrong with the decision to hire more minority applicants as long as they are qualified for the positions. Mega will violate the 4/5 rule in this scenario, but hasn’t necessarily violated Title VII as long as it can show that the selection procedures have validity.On-Line Human Resource Management Experiences
The Legal Side of HR: Handling Equal Employment Issues at Mega Manufacturing
Summary of Steps Taken:
1. Schedule a meeting with the female employee to discuss specifics of the incident. Then plan to do the same with the male employee who she claims is doing the harassing.
2. While there may be no quid pro quo case of harassment, the repeated comments by the male employee could still be causing the female to feel that this is now an intimidating, hostile, or offensive work environment.
3. On the applicant discrimination issue, make the owner aware that this may be a case of adverse impact. Ensure that the test is truly relevant to the job the person interviewed for.
4. Since the test is job relevant and validated for this type of position, you tell the owner not to worry about the 4/5 rule in this case.
Great job! Even though Mega has violated the 4/5 rule, they are not in violation of Title VII since the selection test was validated. This exercise contained two tough issues that HR people face all too often in organizations. One of the best recommendations that can be made is to investigate quickly, but thoroughly and remember to document everything. We’ll return more to selection practices in Chapter 6. In terms of the potential discrimination claim, remember that Mega does now have to be concerned about the EEOC and Affirmative Action Plans under Executive Order 11246 because of its new status as a government contractor. Better start preparing those utilization studies. Next up is designing work that is both productive and satisfying. That’s not always as easy as it may seem.
For More Information:______
A number of Web sites are available for more information on Title VII, Civil Rights Acts of 1964 and 1991, ADEA, ADA, EPA, FMLA, OSHA, and Worker’s Compensation:
· http://www.shrm.org/law/ - Society for Human Resource Management (SHRM) website that provides information on a variety of HR disciplines.
· http://www.workforce.com/section/03/ – Information on a variety of HR functional areas and employment law topics.
· www.hr-guide.com – Information on a variety of HR functional areas and employment law topics.
· http://www.dol.gov/ - Department of Labor website with links to all major employment laws.
· http://www.afscme.org/ - American Federation of State, County, and Municipal employees.
· http://www.elinfonet.com/ - Employment Law Information Network.
· http://www.osha.gov/ - Occupational Safety and Health Administration.
· www.eeoc.gov – Equal Employment Opportunity Commission.