HR Scenario Case Reviews
Instructions:
It is the morning of December 23rd. One of your company’s supervisors, Ricky Ricardo, has come to see you in Human Resources. He is trying to sort out a few things before he leaves for the Christmas weekend. With some turnover and other workers taking off time for travel during the holidays, his program is understaffed and he is dealing with a host of issues with his remaining employees: Gianna, Fred, Ethel, and Lucy.
Question 1:
When an employee, Rafael, walked into a staff meeting a few minutes late the other day, Gianna commented, “It’s about time. You Cubans always run late… on Cuban time! We should have known better than to wait on you to start.” Rafael was confused; after all, he wasn’t Cuban But he really didn’t like the tone of his voice and how rude Gianna came across. As he was leaving the meeting, Rafael noticed Gianna’s supervisor, Ethel. He mentioned to Ethel that he did not like the way Gianna spoke to him, and shared the statements he had made. Ethel replied that Rafael was being “way too sensitive” about the matter and asked, “Why don’t you man up, huh?!”
What would you recommend in terms of the statements made by Gianna and her supervisor, Ethel?
Issue: Did Gianna’s comments and Ethel’s response to Rafael’s concerns rise to the level of creating a hostile workplace based on race pursuant to the Equal Employment Opportunity Commission’s (EEOC’s) guidelines for Rafael under Title VII of the Civil Rights Act of 1964?
Rule: According to the EEOC, Title VII of the Civil Rights Act of 1964 “protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin” (EEOC law, 2018, p. 1).
Analysis: It is reasonable to posit that, notwithstanding the erroneous nature of Gianna’s comments concerning Rafael’s race as a Cuban, the comments when combined with Ethel’s unresponsive solution were violative of Title VII.
Conclusion: In order to prevent a recurrence of this type of exchange,...
References
ADA overview. (2018). NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter7-8.html.
EEOC law. (2018). U.S. Equal Employment Opportunity Commission. Retrieved from https://www1. eeoc.gov/employers/upload/eeoc_self_print_poster.pdf.
Fair Labor Standards Act. (2018). U.S. Office of Financial Management. Retrieved from https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa.
(FMLA overview. (2018). U.S. Department of Labor. Retrieved from https://www.dol.gov/ whd/fmla/.
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