How should a company respond to harassment complaints

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As a recent University business grad, you have been hired by a rapidly growing wholesale establishment in Spokane. The business is privately owned, and the owner spent the past two years trying to cope with the extraordinary growth in his company. Just two years ago, he had only 12 employees, but now employment has exploded to 126 administrative and line activity employees. Since he is a "hands-on," operations type, he as neglected HRM issues, although he did most of the hiring himself until last year. Now, an employee has filed a law suit, so he hired you to "straighten out this mess." You rarely see this busy executive to discuss the possibility of hiring a lawyer, yet you have to start somewhere, so you organized a committee of managers to study the problems that are on your desk.

Problem 1: A national union has been trying to organize the workers. Your discussions with an old colleague indicate that the union wages are substantially higher than current wages. Further, union work rules would definitely change the way things are done around the warehouses.

Problem 2: A member of a minority has filed a lawsuit claiming discrimination because she failed to get a promotion after 18 months of work (which is when her white male colleague was promoted). Her supervisor told you that she did not get the promotion because she goes out to smoke at least 4 times a day and cannot lift heavy things by herself. She operates a forklift in the computer peripherals department. A review of employee statistics shows that 2 employees are classified as minorities. You've noticed an undertone of racially insensitive joking among warehouse workers.

Problem 3: If the warehouse becomes unionized, hiring and promotion rules would most likely be based on a "next-in-line" and seniority basis. You believe that more minorities should be hired, especially in light of the lawsuit, but few have applied for the job. Furthermore, union rules might hinder this type of hiring in the future.

Problem 4: You've noticed a lot of sexual innuendo going around. In fact, the executive's wife (who manages the ordering office) seems to have a thing for you. A tall, attractive women, she often dresses in revealing clothes and touches people when she talks. She has a tendency to pick out her "pets" for correspondance on company affairs. What really bugs you is when you're at a meeting with peers and she comes in, ruffles your hair, and says, "Um, um looking might fine today, honey!" Now everyone calls you "pretty boy" and "golden-haired boy toy." She even suggested moving your HR office into the same space as the ordering department. So far, you've joked the suggestion away, but you're not sure how much longer the pressure will keep up. You definitely feel your professionalism is undermined, let alone your prospects for hobnobbing with the boss.

Problem 5: The Americans with Disabilities Act has some pretty undefined terms. You are not certain if you can fire the employee who often smells of alcohol because he has a history of alcoholism and unsuccessful treatment. Your goal is to develop an approach for handling these problems (although you've kept Problem 4 to yourself -- you've told the committee a woman has complained to you about something similar).

Questions are below:

1. What are the philosophical arguments for and against Affirmative Action? Consider protected categories as both groups and as individuals. Also, consider historical vs. current treatment of protected groups. Has Affirmative Action been successful? How does the recent passage of the "anti-affirmative-action" initiative in the State of Washington affect affirmative action decisions?

2. What does Affirmative Action actually require? Does it undermine the efficiency of small businesses? Does it apply to all sizes of businesses? Does Affirmative Action require "quotas?" How do most businesses respond to the requirements of Affirmative Action. Is it against the law to discriminate against smokers?

3. What obligations does a business have for recruiting, training, and promoting minorities? What are arguments surrounding "culturally-biased" tests?

4. How does unionization affect work in a previously non-union organization? How does an organization come to be unionized? Why doesn't management just keep union organizers away from its workers, then they wouldn't find out joining unions?

5. Find some examples of how management responds to unionizing tactics.

6. Are there conflicts between traditional union demands and the demands of Affirmative Action? Find examples of companies that have experienced them.

7. What does the sexual harassment law say? How should a company respond to harassment complaints? Whatever happened to romance?

8. What does the Americans with Disabilities require? How does it affect the wholesale business? Are drug and alcohol users protected?

Reference no: EM13234190

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