Archive for month: November, 2023

Write an essay on the following:

 

•         What kind of relationship exists between employees’ scores on the manual dexterity tests and their performance rating?

•         Suppose a candidate scored 44 on the manual dexterity test.  The regression equation predicting job performance using the manual dexterity test is 32.465 + (1.234 x Manual Dexterity Test Score).
What is the candidate’s predicted job performance?

•         Assume that only candidates with predicted performance above 85 are to be hired.  This translates to
a score of at least 43 on the manual dexterity test.  Assume only those with scores above 43 were hired (20 of the 30 people in this sample).  Would the use of this test have led to evidence of adverse impact based on sex or race?  The relevant data on the 20 people exceeding the cutoff are presented in the case study on page 226.

•         Given the validity results you found, would you recommend use of this test as a selection device?
If so, how would you use it?

Job Aid

Here are some tips to help:

1.  What kind of relationship exists between employees’ scores on the manual dexterity test and their performance ratings?

2.  Suppose a candidate scored 44 on the manual dexterity test. The regression equation predicting job performance using the manual dexterity test is:

32.465 + (1.234 ´ Manual dexterity test score)

What is the candidate’s predicted job performance?  (Find the MEAN manual dexterity test score from the table. Multiply the numbers in parenthesis and add to the first number)

3.  Assume that only candidates with predicted job performance above 85 are to be hired. This translates to a score of at least 43 on the manual dexterity test. Assume only those with scores above 43 were hired (20 of the 30 people in this sample). Would the use of this test have led to evidence of adverse impact based on sex or race? The relevant data on the 20 people exceeding the cutoff are above in Table B.

The hiring rate for females is 81.25% (13 hired out of 16 or 13/16=.8125). This is the highest proportion hired of any group of candidates.

According to the 4/5ths (also called the 80% rule), the hiring rate for any other groups (males in this case) should be at least 4/5 (80%) of the hiring rate for the group with the highest proportion hired.

.8 (80%) x .8125(hiring rate for females) = .65(65%).

The hiring rate for males is 50%,(7 hired out of 14 or 7/14=.50)  which is less than 65%. Thus, there is evidence for adverse impact against males because men were hired at a proportionally lower rate. Now use this same process to compare the Hispanic, Caucasian, and African American groups.

 

Do you need a similar assignment done for you from scratch? Order now!
Use Discount Code "Newclient" for a 15% Discount!

Week Four Learning Outcomes OMM618: Human Resources Management (MFG1322B) This week students will:

1. Examine employee compensation factors, including direct financial payments and indirect payments.

2. Summarize the key attributes of a healthy ethical culture within an organization.

Readings Read the following chapters in: A Framework for Human Resource Management:

1. Chapter 7: Compensating Employees

2. Chapter 8: Ethics and Fair Treatment in Human Resource Management

 

Discussions

To participate in the following Discussion Forums, go to this week’s Discussion link in the left navigation:

1. Acme Manufacturing

Answer the questions to the case, “Salary Inequities at Acme Manufacturing,” at the end of Chapter 7. Include at least one outside source supporting your answers. Explain your answers in 200 words. Respond to at least two of your fellow students’ postings.

2. Ethics and Organizational Culture

Answer the questions to the case, “Enron, Ethics, and Organizational Culture,” at the end of Chapter 8. Include at least one outside source supporting your answers. Explain your answers in 200 words. Respond to at least two of your fellow students’ postings.

 

Assignments

To complete this assignment, go to this week’s Assignment link in the left navigation:

Incentive Plans

Research and discuss at least two different types of incentive plans discussed in the text. Highlight the possible advantages and disadvantages of each. Find at least two articles through ProQuest that discusses incentive payment plans. Summarize your findings in a 3-5 page paper. Be sure to properly cite your resources using APA style.

Week 2 in Review

An examination of Trilogy provided insight into the complexities of various approaches to recruitment — and the importance of incorporating recruitment into organizational strategies. From an HR perspective, the strategy involves many intra-related and inter-related aspects, such as job description, job analysis, recruitment methodologies, legal requirements, and a planned and cultivated organizational culture. It is all about Hiring Right! It is all about aligning organizational goals with individual goals to arrive at a place where work effort matches work productivity. Culture is the environment people work in, it’s the element that shapes your enjoyment, work relationship and work process. Culture is made up of values, beliefs, underlying assumptions, attitudes, and behaviors shared by a group of people (Heathfield, 2011). The employees at Trilogy all share similar interests and passions about their job, which means that working as a team would not be problematic. Trilogy has created an organizational culture that represents decision making, daily work practice, stories and legends.

Heathfield, S.M (2011) Culture: Your Environment for People at Work. Retrieved on June 29, 2011, from http://humanresources.about.com/od/organizationalculture/a/culture.htm

It is important to note that organizational culture should be developed through design, not by merely letting it happen. Trilogy is a company that recruits employees that are a cultural fit. Culture is the environment people work in, it’s the element that shapes your enjoyment, work relationship and work process. Culture is made up of values, beliefs, underlying assumptions, attitudes, and behaviors shared by a group of people (Heathfield, 2011). The employees at Trilogy all share similar interests and passions about their job, which means that working as a team would not be problematic. Trilogy has created an organizational culture that represents decision making, daily work practice, stories and legends. Heathfield, S.M (2011) Culture: Your Environment for People at Work. Retrieved on June 29, 2011, from http://humanresources.about.com/od/organizationalculture/a/culture.htm

Undoubtedly privacy concerns in any aspect of improvement must be addressed. But do not be so quick to discount the use of integrity and honesty testing. Julie Moreland (September 7, 2010; People Views), noted that the primary goals of using such tests are to identify counterproductive behaviors and attitudes of applicants prior to being hired. Morlan identified that one must first look at the policies that are in place in the organization and that conducting a predictive blind study allows one to determine if an honesty and integrity test can facilitate the prediction of counterproductive behaviors in the workplace. The following article will provide additional details on the topic. http://blog.peopleclues.com/index.php/steps-to-assessing-the-validity-of-integrity-and-honesty-testing-in-job-recruitment/

 

Week 3 Instructor Guidance Training and development are important to both the attainment of organizational strategies and the sustainability (and retention) of the employee. Ensuring training and development opportunities are fairly distributed among the workforce creates an environment of trust and further cultivates the organizational culture. It is helpful to separate the terms by defining them and understanding the influence such activities have on the organization. Training addresses knowledge, skills and abilities to enhance performance requirements currently expected of the employee to successfully accomplish their current duties. Development identifies future needs of the organization and appropriate supportive knowledge expected to address these needs. Development also identifies persons deemed appropriate to acquire this knowledge — and simultaneously provides lateral and vertical promotion opportunities that come with the added knowledge. There are many factors to consider when deciding how training and development will be employed:

1. What knowledge, skills and abilities (i.e., communication, empathy) must employees of your organization possess if they are to effectively contribute to a diverse and inclusive workplace?

2. What additional knowledge, skills and abilities (i.e., issue identification, group dynamics) must managers in your organization possess if they are to effectively recruit a diverse team and manage staff in an inclusive way?

3. What additional knowledge, skills and abilities (i.e., visioning, cross-cultural competence) must leaders in your organization possess if they are to role model diversity, ensure that your organization’s clients or customers are treated with respect, and chart the correct path for your organization’s future?

4. Which learning methods would be the most appropriate to employ, given the competencies you wish to support?

5. How can your organization frame training & development related to diversity so that it is, if at all possible, an ongoing activity, not restricted to isolated experiences in a classroom?

6. Who must you engage to lead the diversity training & development initiatives within your organization?

Source: http://www.shrm.org/hrdisciplines/Diversity/diversity_mgmt_plan/Pages/training.aspx Performance appraisal is that oft-dreaded task which manager’s are expected to complete that identifies the strengths, weakness, and accomplishments of subordinates. One wonders why this important component is so often run through with lack of focus, rendering many (if not most) appraisals meaningless. Performance planning allows for the identification of many aspects of organizational processes (training, development, reward, punishment, promotion, termination). Please review the following link for a Power Point that details performance planning (you may need to copy the URL into your address bar). Consider this information in the context of discussions and assignments. http://www.shrm.org/Education/hreducation/Documents/ Performance _Management_PPT_SL_Edit_BS.ppt

 

DISCUSSION ADDENDUM RELATED TO HR ISSUES: Family Medical Leave Updates

The EEOC has recently reported a significant upswing in lawsuits under the Family Medical Leave Act of 1993.  The number of cases has recently spiked by about 25% over the same number filed 10 years ago.  A brief synopsis of the FMLA and common misconceptions: 1.  Under the FMLA, people can get up to 12 weeks of unpaid leave for post-pregnancy care, to care for a family member, or to attend to a personal health issue, above and beyond any medical benefits or accrued company leave time. 2.  FMLA is not available to all employees in all companies.  The company has to have 50 employees located within 75 miles of the company work site for its employees to be eligible. 3.  Employees have to have been employed for at least 1 year, usually for at least 1250 hours, to be eligible. 4.  Employees are eligible for 12 weeks FMLA leave in any calendar year. 5.  Employees have the right to return to the same or equivalent employment at the end of FMLA leave, with ONE KEY EXCEPTION:  Highly paid, “key” employees may not be denied FMLA leave, but the company is within their rights not to reinstate highly paid, “key” employees who take FMLA leave to their former job or any job. 6.  If employees have indicated that they do not intend to return, or would have otherwise been laid off, terminated, or downsized, or are unable to return after 12 weeks, or refuse to provide company-requested medical or personal documentations, the company may rightfully refuse to reinstate them. Most of the current lawsuits claim that litigants were discriminated against or retaliated against for taking time off to handle the care-giving of a child, which is covered by the FMLA, or to care for a relative with a disability, which is covered by the Americans with Disabilities Act. Two key areas of defense for employers fighting these cases:   (1) If the employee is designated as a “key” employee, the company is not obliged to return the employee to their current position or any position.  Let’s say that Jane Doe is 29 years old and VP of a company with 50 employees.  She becomes pregnant and gives birth.  She takes six weeks of paid time under company policy, four weeks of paid vacation time, and then desires to take 12 more weeks because of difficulties with the child’s health.  The company has designated her as a key employee.  Under the FMLA, the company is not obliged to hold her vice presidency for what amounts to about a half year.  It is unclear whether the ADA would protect her because the child probably would not qualify under disability rules. (2) It is unclear whether a company may avoid the potential FMLA issue entirely by refusing to hire persons with small children or who are known to be caring for disabled relatives.  Many companies currently in litigation have claimed that they should not be liable for not hiring persons with high likelihood of going on FMLA or ADA leave time because it makes them the unwilling provider of company benefits for the unproductive.  There does not appear to be any Title VII violations related to refusing to hire persons with small children or who are known to be caring for disabled relatives. Where companies have gotten into trouble is when they have refused to hire female caregivers, instead preferring male non-caregivers.  Hiring female non-caregivers over female caregivers, however, does not appear to be a violation of FMLA, ADA, or Title VII. This will be an area of increasing interest as more employees end up caring for children, grandchildren, or parents as the workforce ages, and may be an interesting topic for your students.

WEEK 4 STUDENT RESPONSES DISCUSSION 1

 

Juanita W 6/19/2013 1:02:35 PM

Answer the questions to the case, “Salary Inequities at Acme Manufacturing,” at the end of Chapter 7. Include at least one outside source supporting your answers. APPLICATION EXERCISES Case Incident: Salary Inequities at Acme Manufacturing Joe Black was trying to figure out what to do about a salary problem he had in his plant. Black recently took over as president of Acme Manufacturing. The founder, Bill George, had been president for 35 years. The company was family owned and located in a small eastern Arkansas town. It had approximately 250 employees and was the largest employer in the community. Black was a member of the family that owned Acme, but he had never worked for the company prior to becoming president. He had an MBA and a law degree, plus 15 years of management experience with a large manufacturing organization, where he was senior vice president for human resources when he moved to Acme. A short time after joining Acme, Black started to notice that there was considerable inequity in the pay structure for salaried employees. A discussion with the human resources director led him to believe that salaried employees’ pay was very much a matter of individual bargaining with the past president. Hourly paid factory employees were not part of the problem because they were unionized with wages set by collective bargaining. An examination of the salaried payroll showed that there were 25 employees, ranging in pay from that of the president to that of the receptionist. A closer examination showed that 14 of the salaried employees were female. Three of these were frontline factory supervisors and one was the HR director. The other 10 were nonmanagement. This examination also showed that the human resources director seemed underpaid, and that the three female supervisors were paid somewhat less than were any of the male supervisors. However, there were no similar supervisory jobs with both male and female job incumbents. When asked, the HR director said she thought the female supervisors may have been paid at a lower rate mainly because they were women, and perhaps Bill George did not think that women needed as much money because they had working husbands. However, she added that they may have been paid less because they supervised less-skilled employees than did male supervisors. Black was not sure that this was true. The company from which Black had moved had a job evaluation system. Although he was thoroughly familiar and capable with this compensation tool, Black did not have time to do a job evaluation at Acme. Therefore, he decided to hire a compensation consultant from a nearby university to help him. Together they decided that all 25 salaried jobs should be in the job evaluation cluster, that they should use a ranking method, and that the job descriptions recently completed by the HR director were current and usable. The job evaluation showed that there was no evidence of serious inequities or discrimination in the nonmanagement jobs. However, the HR director and the three female supervisors were underpaid relative to comparable male salaried employees. Black was not sure what to do. He knew that if the underpaid female supervisors took the case to the local EEOC office, the company could be found guilty of sex discrimination and then have to pay back wages. He was afraid that if he gave these women an immediate salary increase large enough to bring them up to where they should be, the male supervisors would be upset, and the female supervisors might also want back pay. The HR director told Black that the female supervisors had never complained about pay differences, and they probably did not know the law to any extent. The HR director agreed to take a sizable salary increase with no back pay, solving this part of the problem. Black believed he had four choices relative to the female supervisors: 1.         To do nothing 2.         To gradually increase the female supervisors’ salaries 3.         To increase their salaries immediately 4.         To call the three supervisors into his office, discuss the situation with them, and jointly decide what to do QUESTIONS 1.     What would you do if you were Black? Why? If I were Black I would go with option #4.  Things need to change, that is obvious.  However, if all three supervisors and Black got together and discussed the issue and came to a joint decision, nobody would feel shorted.  Let them decide on whether getting it one lump sum or to gradually increase their pay. 2.     How do you think the company got into this situation in the first place? I think that when the company first opened it was small and only men worked there since it opened 35 years ago.  Then, when they started hiring women to work they had little to no experience and so were paid less.  Of course this happened all before the equal pay rights were put into effect.  Obviously Bill George just overlooked the pay raises for women over the 35 years that he ran the company.  It may have just slipped his mind to update the pay grades. 3.   Why would you suggest Black pursue the alternative you suggested? Most companies pay outside companies to make out the paychecks so the males would not know about the increase unless they were told about it, for one.  Many companies today have direct deposit which would also help hide the fact from the other employees and supervisors.  Meeting with the 3 women would let them know that he was thinking of the “glass ceiling” within this company.  It also allows the women to speak freely of their needs and for Black to hear how he can better assist them.   Dessler, Gary. Framework for Human Resource Management, A, 6/e Vitalsource eBook for Ashford University. Pearson Learning Solutions. Jackson, Nancy Mann (June 22, 2010).  Break your own glass ceiling.  Researched June 19, 2013 from http://www.glassdoor.com/blog/break-glass-ceiling/ Nita Wood      Respond

Week 4 Discussion 1 – David Teeter David T 6/19/2013 8:14:07 PM

1.     What would you do if you were Black?  Why? Out of the four options which Black has, I would increase the supervisors salaries immediately.  There are three reasons for doing so.  (1) Not increasing the salaries would be in violation of the 1938 Fair Labor Standard Act and the 1963 Equal Pay Act.  The 1938 Equal pay Act address the equal pay.  The 1963 Equal Pay Act “states that employees of one sex may not be paid wages at a rate lower than that paid to employees of the opposite sex for roughly equivalent work” (Dessler, 2011, p. 202).  (2) Increasing the salaries of the supervisors is the ethical action to take.  “…fair treatment reflects concrete actions such as “employees are trusted,” “employees are treated with respect,” and “employees are treated fairly”” (Dessler, 2011, p. 236).  (3) It is the right thing to do.  Just because Bill George used different standards to pay the employee, does not make what actions he took to be fair.  “Doing the right thing” will start repairing the damage which Bill George started.  As stated in reason two, the supervisors will feel appreciated. 2.     How do you think the company got into this situation in the first place? Bill George worked with each employee on pay.  “… salaried employees’ pay was very much a matter of individual bargaining with the past president” (Dessler, 2011, p. 230).  Also, “the HR director said she thought the female supervisors may have been paid at a lower rate mainly because they were women, and perhaps Bill George did not think that women needed as much money because they had working husbands” (Dessler, 2011, p. 230).  This could also be stereotyping the role of women in the work place which, in some organizations, are still in place. 3.     Why would you suggest Black pursue the alternative you suggested? As stated in reason two and three of question 1, it is because it is the ethical and right thing to do.  There is a chance the supervisors could demand back pay or file a lawsuit against Acme for the difference in pay.  Acme will have to deal with what “might happen” if that is the case.  The organization was in violation of the two federal laws and will need to “own up to it” and take responsibility for their actions or lack of actions. One of the steps Black will need to take in the future is to accomplish a wage assessment for Acme.  A wage assessment needs to be completed at this point to insure the wages are competitive for the industry and demographics.  After the assessment is completed the a “benchmark” will be established to guide the organizations wages.  The federal Troubled Asset Relief Program requires and initial assessment.  Joanne Sammer, in her article, Measure Compensation’s Impact, states “Executives found the assessments so useful that they still conduct and review them, even though doing so is no longer required” (Sammer, 2012, para. 13). David Teeter Dessler, G. (2011).  A framework for human resource management (sixth edition).  Upper Saddle River, NJ, Pearson Education, Inc. Sammer, J. (2012).  Measure compensation’s impact.  HRMagazine, 57(9), 85-86, 88, 90.  Retrieved from http://search.proquest.com/docview/1039493629?accountid=32521

 

 

 

 

OMM 618 week 4 Discussions

Discussion 1: Case Incident: Salary Inequities at Acme Manufacturing

1. If I were Black, I would have held a meeting with the 3 supervisors and would have convinced them to a restructuring of the salaries and further exchanged thoughts and concrete suggestions regarding this matter. This issue cannot be neglected despite the women not complaining about it, because it can create legal problems for the company.

He might consider a justifiable pay scale, or other sound skill related differential deserving within a group as a whole. I would also take the second choice under consideration as well, because that way unintentional sex discrimination would be reduced in such a way that women may not even question further their previous low wages. However, the company is violating the equal pay act, 1963; wherein there is sex discrimination made by giving a reduced comparative salary to the female employees (EEOC Small Business, 2013). Hence, Black should gradually increase the salary of the female supervisors, as this would potentially solve his issue of the female employees reporting to the EEOC for sex discrimination.

1. The company has gotten into this situation due to the following probable reasons:

· The major reason was not following the equal pay act, 1963. Hence, the discrimination pay demonstrated between male and female employees for the same work (EEOC Small Business, 2013)

· Payment of salaries was not made in accordance to their competencies. The skill set of the personnel was not given importance or considered in the company (Dessler, 2011).

· Current laws are not strong enough. The Equal Pay Act and Title VII of the Civil Rights Act are important laws, but they are hard to enforce, and further, these legal cases are extremely difficult to prove and win.

1. Ethical practices are required in the business to boost the business through motivated employees with high levels of energy and none of this is possible if the company treats their employees unfairly (Deb, 2006).

References

EEOC Small Business. (2013). Retrieved from U.S. Equal Employment Opportunity

Commission: http://www.eeoc.gov/employers/

Deb, T. (2006). Strategic Approach to Human Resource Management Concept, Tools And

Application. Atlantic Publishers.

Dessler, G. (2011). A Framework for Human Resource Management (6th ed.) New York:

Pearson.

INSTRUCTOR DeYoung shared:

Many employees are strictly regulated not to disclose or discuss their pay with co-employees and are apprehensive of retaliation if they go against the rules. Consequently, these people end up earning less for possibly inequitable causes for many years without even knowing it. This is precisely what happened to Lilly LedBetter; an anonymous co-worker left her a note informing her some of the salaries of her male peers. On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 which supersedes the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. Ledbetter had required a compensation discrimination charge to be filed within 180 days of a discriminatory pay-setting decision (or 300 days in jurisdictions that have a local or state law prohibiting the same form of compensation discrimination), an unrealistic expectation given the secrecy that usually surrounds pay decisions (Retrieved from http://www.eeoc.gov/laws/statutes/epa_ledbetter.cfm).

EEOC. Notice Concerning the Lilly Ledbetter Fair Pay Act of 2009. EEOC website. Retrieved from www.eeoc.gov/laws/statutes/epa_ledbetter.cfm – 21k – 2013-04-22.

 

 

Discussion 2: Enron, Ethics, and Organizational Culture

1. Ethics refers to “the principles of conduct governing an individual or a group; specifically, the standards you use to decide what your conduct should be,” according to Dessler (Dessler, 2011). Secondly ethical decisions always involve questions or morality (Dessler, 2011).

Anyone that had anything to do with the meltdown at Enron had no ethical standards. Enron had a lack of accounting transparency, which enabled the company’s managers to make their financials look much better than they actually were. Kenneth Lay got rid of several million shares of Enron stock and made over a billion dollars (Dugas, 2002). This was done while the Enron employees lost their jobs, the money in their pension funds as well as was any money they had invested into the company. Not only did Enron damage the lives of their employees, but they also affected the customers that were buying their products, and the outside investors who lost a significant amount of their money. This all happened because of the unethical behavior and greed of those individuals involved in the meltdown (Dugas, 2002).

1. The use of vulgar language with journalist illustrated the lowered moral and ethical standards of the CEO. It also reflected on the absence of professionalism from the CEO, as he quickly resorted to abusive behavior to avoid the questions of journalist. The consequent reaction of company’s employees demonstrates the willingness of the employees to appreciate the unethical and immoral behavior of their CEO that defies the societal norms. The organizational culture was evidently corrupt and beyond repair.

1. The ethics literature is replete with suggestions, including selection and hiring of ethically-oriented employee, establishing codes of ethics, promoting an ethical culture, developing employees internally, and taking a stewardship perspective (Erwin, 2011)

References

Dessler, G. (2011). A Framework for Human Resource Management (6th ed.) New York:

Pearson.

Dugas, C. (2002). Employees’ faith in enron cost them life savings. USA Today, Retrieved from

http://usatoday30.usatoday.com/money/covers/2002-01-21-bcovmon.htm

Erwin, P. M. (2011). Corporate codes of conduct: The effects of code content and quality on

ethical performance. Journal of Business Ethics, 99(4), 535-548.

WEEK 4 DISCUSSION 2—Student Responses

Juanita Wood  6/19/2013 10:51:56 PM

APPLICATION EXERCISES Case Incident: Enron, Ethics, and Organizational Culture QUESTIONS 1.     Based on what you read in this chapter, summarize in one page or less how you would explain Enron’s ethical meltdown. The organizational culture of Enron was ultimately to blame.  As accounting tricks were implemented to show a favorable portfolio, the ethical practices slowly eroded away.  Soon the culture of Enron was transformed and more aggressive and misleading business practices sprouted.  They were reporting profits from partnerships that had not yet been realized in an effort to keep stock values up.  As subordinates viewed the ethics of leadership deteriorate, it was not long before they followed suit.  A company that had once been praised for its ethical culture, found itself with no ethical values at all.  The leadership did not want to hurt the company’s image; they felt a little deception now would be ok. They felt as if they were saving their organization from financial ruin.  If investors got nervous they would sell their stock, when stock gets sold too much it lowers its value.  That would also hurt their credit rating and in turn would trickle down to the organizations demise.  Despite conflicts of interest, partnerships were made.  Then by selling off the partnered company’s assets, they were able to lie about their bottom line and claim it as profit.  At first it was a short term fix to a long term goal of saving the company shame, and keep it from bankruptcy. 2.     It is said that when one securities analyst tried to confront Enron’s CEO about the firm’s unusual accounting statements, the CEO publicly used vulgar language to describe the analyst, and that Enron employees subsequently thought doing so was humorous. If true, what does that say about Enron’s ethical culture?   By the time Enron hit bottom there was a complete lack of ethics in their organizations culture.  In the beginning they prided themselves on being an ethical company.  In the end they had become so numb to their actions they lost sight of their core values totally. 3.     This case and chapter both had something to say about how organizational culture influences ethical behavior. What role do you think culture played at Enron? Give five specific examples of things Enron’s CEO could have done to create a healthy ethical culture. At the top of the list would have been to not create questionable accounting methods. Then the whole conflict of interest situation.  Andrew Fastow, Enron’s ex CFO partnered with two companies that he either owned or was running.  This violated Enron’s own conflict of interest policies. Employees were forced to stretch the rules; eventually ethical boundaries were stretched, and then broken.  By encouraging employees to push the envelope they soon lost sight of what was ethical.  Enron’s CEO should have pushed employees to stay within their own ethical boundaries. The CEO should have never resigned when financial troubles, unethical practices, and deception were brought to light. The CEO should have reinforced Enron’s code of ethics which included “respect, integrity, communication and excellence”.  Employees, stockholders, and creditors should have received all of the above. Resources:   Dessler, Gary. Framework for Human Resource Management, A, 6/e Vitalsource eBook for Ashford University. Pearson Learning Solutions.   Sims, R. R., & Brinkmann, J. (2003). Enron ethics (or: Culture matters more than codes). Journal of Business Ethics, 45(3), 243-256. Retrieved from http://search.proquest.com/docview/198149843?accountid=32521 Nita Wood         Respond

 

RE: Enron, Ethics, and Organizational Culture Instructor DeYoung  6/20/2013 5:00:10 AM

According to an article by Schuler, (2011) “Enron’s corporate culture also seemed to embrace a value – massive size – that is not so much a value as it is a strategy through which to achieve a larger mission”. It used its large size to “bully” or intimidate those that went against them (Schuler, 2011). Their cooperate culture was not well grounded and the valued they say their stood for were not upheld (Schuler, 2011).Schuler, A.J. (2011). Does corporate culture matter. Retrieved from http://www.schulersolutions.com/enron_s_corporate_culture.html Your thoughts?     Respond

WEEK 4 DISCUSSION 2 Cynthia Brown  6/20/2013 9:20:54 AM

1. Based on what you read in this chapter, summarize in one page or less how you would explain Enron’s ethical meltdown.   The ethical meltdown within Enron took place on a number of different levels. Not only were the companies executives to blame for the fraud, but several lower level staff were to as well. The problem which led to an ethical meltdown was the fact that no one stepped to the plate to blow the whistle on the fraudulent action which were taking place within Enron. Lower level staff may have seen documents or emails which would have led them to believe something illegal was taking place; however, no one stepped forward. Likewise, the executive staff were privy to day today actions which should have sent up red flags, however, none of them step forward to report any wrongdoing. “Ethics refers to “the principles of conduct governing an individual or a group, and specifically to the standards that you use to decide what your conduct should be”(Dessler, 2011, P. 235) .Some may say that the lower level staff felt uncomfortable being the one to step forward because they would potentially be blowing the whistle on the their superiors. 2. It is said that when one securities analyst tried to confront Enron’s CEO about the firm’s unusual accounting statements, the CEO publicly used vulgar language to describe the analyst, and that Enron employees subsequently thought doing so was humorous. If true, what does that say about Enron’s ethical culture?   Apparently, under the direction of Jeffery Skilling and Kenneth Lay the culture at Enron was one that promoted unethical behavior. It appears that both executives and staff alike felt as though they we justified in committing fraud and misleading people. During the California energy crisis Enron traders were caught on tape laughing about their company’s manipulation of the California energy market, which caused prices to soar and blackout to occur (Roberts,2007, P. 5). This again, proved that employees at Enron were aware of the manipulation, but it appears they were all benefiting so no one stopped it.  Their ethical culture obviously was widespread throughout the whole company.   3. This case and chapter both had something to say about how organizational culture influences ethical behavior. What role do you think culture played at Enron? Give five specific examples of things Enron’s CEO could have done to create a healthy ethical culture.   The culture which is established in a company is what determines in the end whether ethical standards are observed or not. The culture at Enron allowed for a total and complete disregard to following the rule or empathizing with their customers. Executives could have promoted healthy work habits which could have encouraged holding each other accountable. This could have assisted people in being willing to come forward and tell on others. They could have also encouraged a customer first mentality. This would have encouraged workers to always think of serving the customer. Another item could have been to introduce a policy of ethical standards. This would have provided workers with the information needed to know what they should do if they witness impropriety. Lastly, they could have fired people as an example. Dessler, G. (2011). A Framework for Human Resource Management (6th ed.). Upper Saddle River, NJ: Prentice Hall. Roberts, J. (2007, Dec.). Enron traders caught on tape. CBS Evening News. Retrieved on May, 8, 2013, from http://www.cbsnews.com/8301     Respond

 

 

Ethics and Organizational Culture Jennifer Moore  6/20/2013 12:55:51 PM

Based on what you read in this chapter, summarize in one page or less how you would explain Enron’s ethical meltdown. I believe that the main cause of the meltdown was because of the management. Root causes lie in leadership and the control environment. Ethics, ambition, and complexity fall right after (Makosz, 2002). Ethically they tried to make things disappear through their bankers and accountants. They tried to legalize all of their non-performing assets, and other illegal part taking, they eventually were caught (Makosz, 2002). Ambition wise their goal was to be number one on the Fortune 500 list. 3500 SPE’s (Synchronous Payload Envelope) were created, there was no real picture set, and they were breaking all the accounting rules (Makosz, 2002). As for complexity, they had guarantees for their stocks. While in actuality, it was plummeting the entire time. In addition, the collaborators who aided and bedded including the accountants, bankers, lawyers, stock brokers, directors, etc. They kept shifting the responsibility whenever approached (Makosz, 2002). It is said that when one securities analyst tried to confront Enron’s CEO about the firm’s unusual accounting statements, the CEO publicly used vulgar language to describe the analyst, and that Enron employees subsequently thought doing so was humorous. If true, what does that say about Enron’s ethical culture?   This just shows that there was no room for whistle blowers because people were scared to talk. It was out of control and this just shows a failure to take anything seriously because the even the corporate culture was already compromised. This would make ethical people to stay quiet, because they saw that the important hire ups were the ones committing the violations in the first place (A. J. Schuler, na). This case and chapter both had something to say about how organizational culture influences ethical behavior.  What role do you think culture played at Enron? First, Enron was extremely arrogant and not well grounded at all. Their culture showed values of high-risk taking, aggressive growth and entrepreneurial creativity. Though these attributes are considered positive, they were still not balanced with attention to corporate integrity (A. J. Schuler, na). Give five specific examples of things Enron’s CEO could have done to create a healthy ethical culture.   The five steps needed to incorporate the most healthy ethical culture environment is through correct legal hiring, good leadership, proper training, geographic consistency, and having periodic reminders (Rogers Corporation, by juliann, 2011). Hiring is top priority and companies need to have a filter process that chooses the right candidate and meets the ethical standards of the company. Leadership initiates the process for a company does their business (Rogers Corporation, by juliann, 2011). This means, that they are responsible for prioritizing values and integrity as their initial goal. In addition, they need to be consistent and fair at all times in all approaches when trying to handle any violation of ethics, because it is visible and people will talk (Rogers Corporation, by juliann, 2011). Training is important because it helps the employer stay on top of the employees so that that they understand that the code of conduct remains. It is to remind them of their responsibility as an employee that there are boundaries concerning how to except gifts and other relationship issues, and should be done annually. This is also a time for anyone who wants to speak up about an issue, if not there should be set hotlines so they are able too (Rogers Corporation, by juliann, 2011). Ethical culture is different for all countries and a company needs to make sure that if they are growing in that direction, that they inform and educate their employees on how adjust. It is all about doing the right thing and protecting the company as well as the employees (Rogers Corporation, by juliann, 2011). Lastly, giving periodic reminders is essential. Ethics training is something that has to be consistent. The more they give opportunities for people to open up about things the better. Training sessions do just that. It helps people to open up more and let the managers know if they feel something is not right. Leaders cannot be everywhere all the time (Rogers Corporation, by juliann, 2011). Jen References A. J. Schuler, P. D. (na). Does Corporate Culture Matter?:The Case of Enron. Retrieved June 20, 2013, from www.schulersolutions.com: http://www.schulersolutions.com/enron_s_corporate_culture.html Makosz, P. (2002). Enron & co – ethics meltdown. Retrieved June 20, 2013, from www.csa-pdk.com: http://www.csa-pdk.com/frame/07current/07current18/07current18.pdf Rogers Corporation, by juliann. (2011, August 2). 5 Steps To Buliding An ethical Culture. Retrieved June 20, 2013, from http://blog.rogerscorp.com/2011/08/02/5-steps-to-building-an-ethical-culture/     Respond

Discussion 2 — wk4 Gabrielle Tyner  6/20/2013 5:33:06 PM

Members of Enron may have been concerned with being and maintaining ethical face in the beginning but as time went on those practices began to shift in another direction. Enron’s rise began with its success as a successful energy trading organization that ventured into the internalization of market mechanisms as well as helping to transform disparate markets into trading platforms and connecting inefficient trading centers (Kobrak, 2009). With its new found success at such a rapid pace, Enron seems to have found itself in a position that required it to remain a level above its competitors in order to keep its investor and other business prospects happy. Salter (2008) “believes that Enron’s managers crossed the an ethical Rubicon in 1997 when they began papering over profit and cash warning signs that were springing up in new and old businesses” (cited in Kobrak, 2009, p.174). In light of everything that was going on everyone continued to perform as though nothing out of the ordinary was occurring. This type of “head in the clouds” behavior with no one speaking out only encouraged the melting pot of unethical behavior. If true, the CEO demonstrated a behavior that suggested the culture of the organization was one that would follow in the footsteps of it leaders despite the potential consequences. As suggested by Dessler (2011) employees tend to model the behavior of their supervisors. Enron’s culture dictated a lot of the unethical behavior displayed by its high ranking employees to its lower level employees. To start, the board of directors could have been more involved by ensuring that certain laws and regulations were being adhered to by bringing in outside resources to handle the company’s accounting and auditing needs since it was growing at such a rapid pace. Supervisors should have conducted random evaluations of their staff and their accounts. Employees should have been required to take part in mandatory continuous education courses. Issues should have been addressed when the first presented instead of being pushed under the rug. And most important, the leaders should have lead by ethical example.   Dessler, G.  Framework for Human Resource Management, A, 6/e Vitalsource eBook for Ashford University (1st ed). Pearson Learning Solutions Kobrak, C. (2009). Innovation corrupted: The origins and legacy of enron’s collapse. Business History Review, 83(1), 173-177. Retrieved from http://search.proquest.com/docview/274385744?accountid=32521   OMM 618 week 4 discussions responses Discussion 1: Greetings Juanita The primary reason for the difference in the pay-checks of women and men in the organization could be arguably attributed to the mentality that women are not as competent as men and they are usually unable to give their 100% in job because of the family commitments (Dessler, 2011). I believe that Bill George just took advantage of this mentality and deliberately kept women on these comparatively lower wages. Also, with the introduction of the Equal Pay Act, the company should have revised its pay structure and not doing so clearly illustrates that it was an intentional decision (EEOC Small Business, 2013). I enjoyed your post thoughts. What are your views on this? Regards, Michael Meeks References Dessler, G. (2011). A Framework for Human Resource Management (6th ed.) New York: Pearson. EEOC Small Business. (2013). Retrieved from U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov/employers/ Greetings David. Very thoughtful post!! In my opinion, only raising the salaries of the supervisors would raise questions also. Black should discuss this matter with supervisors as well and possibly make them sign the no objection certificate stating that their salaries have been increased to match their male counterparts and they are not willing to take any legal action whatsoever on the organization. This would correct the wrong done to the supervisors and would also protect the interests of the organization (Dessler, 2011). Do you think that supervisor would be willing to file a lawsuit comprising their jobs? Regards, Michael Meeks Reference Dessler, G. (2011). A Framework for Human Resource Management (6th ed.) New York: Pearson.   Week Five Learning Outcomes This week students will: 1. Analyze collective bargaining processes and the major factors of contract negotiation. 2. Evaluate hazardous conditions and compliance issues. Readings Read the following chapters in: A Framework for Human Resource Management: 1. Chapter 9: Managing Labor Relations and Collective Bargaining 2. Chapter 10: Protecting Safety and Health   Discussions To participate in the following Discussion Forums, go to this week’s Discussion link in the left navigation: 1. Contract Negotiations Answer the questions to the case, “Negotiating with the Writers Guild of America,” at the end of Chapter 9. Explain your answers in 200 words. Respond to at least two of your fellow students’ postings. 2. The New Safety Program Answer the questions to the case, “The New Safety Program,”  at the end of Chapter 10. Explain your answers in 200 words. Respond to at least two of your fellow students’ postings.   Assignments To complete this assignment, go to this week’s Assignment link in the left navigation: Stress and Burnout Find at least two articles through ProQuest that examines the problems, both to the organization and its employees, associated with stress and burnout. Summarize your findings in a 3-5 page paper. Be sure to properly cite your resources using APA style. INSTRUCTOR Guidance- Week 4 in Review There are inherent risks in allowing emotional influences to facilitate one’s decision, especially when attempting to balance moral and legal aspects of a situation. Ethics and integrity are certainly at the forefront in regard to how Black will approach a viable solution. In the short term, honesty can be quite expensive. Many people do the right thing just because it is the right thing to do. The Paycheck Fairness Act is another step in the right direction. As many have noted, the journey has been a long one, but the journey continues. “Senator Barbara Mikulski (D-Md.) and Representative Rosa DeLauro (D-Conn.) reintroduced the Paycheck Fairness Act. The bill would provide a much-needed update to the Equal Pay Act of 1963 by closing some of the loopholes that have made the law less effective over time. So while the Ledbetter Act gave employees back their day in court to challenge a wage gap, the Paycheck Fairness Act would give employees the legal tools they need to challenge the wage gap itself.” http://thehill.com/blogs/congress-blog/economy-a-budget/279603-our-journey-is-not-complete-equal-pay-requires-passage-of-paycheck-fairness-act#ixzz2Rf2EJWoY It would seem the accounting practices opened the door for the leaders to do the wrong. As Dessler (2011) explained “. . . the lack of accounting transparency enabled the company’s managers to make Enron’s financial performance look better than it actually was” (p. 258).  This lack of good accounting methods is really where the problems began, yet so many people overlook it. Why? It is too easy to blame leadership. It would seem that the leaders at Enron rejected the “key fundamentals of accounting”, which includes it being “guided by principles, standards, concepts and assumptions . . . [as well as positive ethical decisions]” (Ashford University, 2007, p.8). Accounting methods void of such key principles was at the root of Enron’s downfall, and the leaders utilized it to further their unethical and immoral decisions. Ashford University. (2007). MBA essentials: Accounting, finance, economics. New York, NY: McGraw-Hill, Inc. Dessler, G. (2011).  A framework for human resource management. (6th ed.). Upper Saddle River, NJ:     Prentice Hall, Inc. In a study reported by LiveScience.com and originally published in the Journal of Applied Psychology, “the researchers asked a group of people if they considered themselves moral, and if they would cheat on a test. The people who said they would never cheat described themselves as very moral — no surprise there. But the people who said they would indeed cheat also described themselves as very moral” (McManus, 2008). http://responsibility-project.libertymutual.com/blog/a-moral-identity-crisis#fbid=gk4D29atSPj One must assess what role subcultures had on Enron’s ultimate path. Access the following link (http://www.thesustainableworkforce.org/index.php/research-outputs/articles/item/65-the-role-of-organizational-subcultures-and-employment-modes-in-the-translation-of-hr-strategy-into-hr-practice), an article titled The Role of Organizational Subcultures and Employment Modes in the Translation of HR Strategy into HR Practice. Sustainable Workforce; Palthe, J. & Kossek, E. 2003. The role of organizational subcultures and employment modes in the translation of HR strategy into HR practice, Journal of Organizational Change Management, 16(2): 287-308.   Week 5 Instructors Guidance Labor Relations refers to the ongoing interactions between management and employees. “Labor relations includes employees’, employers’ and unions’ legally protected activities, unfair labor and management practices, union organizing activities, union recognition and representation elections, collective bargaining and union contract administration” (http://www.shrm.org/hrdisciplines/laborrelations/Pages/LaborRelIntro.aspx). Commonly associated with unionization, a multitude if issues result from the practice of labor relations, including: The organization of unions Union recognition Election of union officials Certification and decertification Authorization and deauthorization. The relationships are complex and often adversarial. Where one stands on unionization is often attributable to one’s position in the organization, the industry itself and an exhaustive list of internal and external factors. Unions were undoubtedly the result of years of abusive practices by organizations in a time where manufacturing was the dominant economic force. Labor relations became highly regulated and subject to collective bargaining agreements and dispute resolution. Many laws were enacted (National Labor Relations Act; Labor Management Relations Act; Labor-Management Reporting and Disclosure Act to name a few) to facilitate and control the interactions. Unionization has seen a clear decline nationally, which has led many unions to seek membership in developing countries. This move has created both benefits and problems. Workplace Safety and Health Workplace safety is an area of great concern and focus in the field of HR. It seems every day there is another instance of workplace violence or reports of injury resulting from accidental or negligence activities — all of which adds in most cases to further laws in an attempt to create a safe work environment. Read the following for the “Latest News” in regard to safety and security: http://www.shrm.org/hrdisciplines/safetysecurity/Pages/default.aspx. Work place safety is at the forefront of HR topics in light of the recent (and ongoing) instances of workplace violence. Monitoring the work environment is a critical aspect of avoidance and detection. Here is a list of important considerations that identifies warning signs and possible appropriate actions: Warning signs of troubled employees: Employees usually don’t “snap”; indicators of problems tend to build up over time.  Here are some indicators that often precede critical incidents: 1) increased tension at work, 2) increased use of alcohol or drugs, 3) increased absenteeism, 4) poor appearance or hygiene, 5) depression/withdrawal, 6) violation of company policies, 7) severe mood swings or unstable responses to problems, 8) anger or rage, 9) paranoia, 10) bringing personal problems to work, 11) talking about weapons or violence, 12) suicidal comments, 13) pending discipline or termination. Some training steps/preventive measures 1)      Every company should have a zero tolerance policy on threats and violence. 2)      If employees sense something, they should be encouraged to say something to supervisors, a tip line, their EAP, or a crisis team. 3)      If an employee is terminated, all other employees should know right away that Joe is no longer with the company. 4)      All employees should be aware of a “code word” alert that can be shared by PA, phone, or other methodologies. 5)      All employees should be trained in “what if” scenarios.

 

Do you need a similar assignment done for you from scratch? Order now!
Use Discount Code "Newclient" for a 15% Discount!

Chapter 9 Practice Test

A team is a group of individuals seen as linked in a social structure.

Select one:

True

False

The correct answer is ‘True’.

Question 2

VPP stands for the Voluntary Protection Program.

Select one:

True

False

The correct answer is ‘True’.

Question 3

One role of the HRD group is to monitor that training is going as planned.

Select one:

True

False

The correct answer is ‘True’.

Question 4

ISO 9000 was revised in 2000.

Select one:

True

False

The correct answer is ‘True’.

Question 5

Apprenticeship training is most common in the Trucking Industry?

Select one:

True

False

The correct answer is ‘False’.

Question 6

TQM stands for Total Quality Maintenance

Select one:

True

False

The correct answer is ‘False’.

 

 

 

 

Question 7

Traditional sales techniques are being replaced by more consultative approaches.

Select one:

True

False

The correct answer is ‘True’.

Question 8

Technical training would include training in operating a computer driven machine?

Select one:

True

False

The correct answer is ‘True’.

Question 9

Learning in apprenticeship programs is based on competency levels and not on time requirements.

Select one:

True

False

The correct answer is ‘False’.

Question 10

Not

Basic skills/literacy education deals with upgrading reading, writing and computational skills.

Select one:

True

False

The correct answer is ‘True’.

Question 11

Over 20% of U.S. adults can be classified as below basic in “quantitative literacy”?

True

False

The correct answer is ‘True’.

Question 12

Professional organizations such as ASTD almost never offer professional development training programs to their members.

Select one:

True

False

The correct answer is ‘False’.

Question 13

Self efficacy is a belief that one can perform a given behavior.

True

False

Feedback

The correct answer is ‘True’.

Question 14

Behavior modeling training has been found to be the most effective means for computer software training.

Select one:

True

False

The correct answer is ‘True

Question 15

Teams should be created just to have them.

Select one:

True

False

The correct answer is ‘False’.

Question 16

Customer service training does not need any financial incentive to be effective.

Select one:

True

False

The correct answer is ‘False

Question 17

SPC stands for Standard Practice Concept.

Select one:

True

False

The correct answer is ‘False’.

CHAPTER 10 PRACTICE TEST

Question 1

To be an effective manager of employee performance requires supervisors to be controllers, not coaches.

Select one:

True

False

The correct answer is ‘False’.

Question 2

Poor performance may have multiple causes

Select one:

True

False

The correct answer is ‘True’.

Question 3

In coaching the HRD manager has the primary responsibility for the functioning of the coaching and performance management system.

Select one:

True

False

The correct answer is ‘True’.

Question 4

Abusive supervision (yelling and screaming at employees) has been found to be an effective way to reduce performance problems.

Select one:

True

False

The correct answer is ‘False’.

Question 5

Performance management focuses on the use of performance evaluations.

Select one:

True

False

The correct answer is ‘False’.

Question 6

The interpersonal skills needed for coaching include planning.

Select one:

True

False

The correct answer is ‘True’.

Question 7

Supervisors almost never need training in how to be effective coaches.

True

False

The correct answer is ‘False’.

Question 8

The coaching analysis assumes that unsatisfactory performance has only one cause – poor effort by the employee

True

False

The correct answer is ‘False’.

Question 9

According to Fournies it is important to get the employee to agree that a problem exists.

True

False

The correct answer is ‘True’.

Question 10

An effective performance management system should focus on a large number of performance measures.

True

False

The correct answer is ‘False’.

Question 11

Performance goals are most likely to be met if the employees do not participate in the final discussion.

Select one:

True

False

The correct answer is ‘False’

Question 12

It is very important to set specific goals to achieve improved performance.

Select one:

True

False

The correct answer is ‘True

 

 

 

 

Question 13

According to Fournies, the final step or question to ask in a coaching analysis is ‘does the subordinate know what they should be doing’.

Select one:

True

False

The correct answer is ‘False’.

Question 14

It is important for managers to demonstrate commitment and respect for employees.

Select one:

True

False

The correct answer is ‘True’.

Question 15

Poor performance is caused by many things.

Select one:

True

False

The correct answer is ‘True’.

Question 16

Finding out if employees know their performance is not satisfactory is a key step in the coaching analysis?

Select one:

True

False

The correct answer is ‘True’.

Question 17

Deviant behavior differs from poor performance in that it ‘threatens’ the organization,

Select one:

True

False

The correct answer is ‘True’.

Question 18

When defining poor performance it is important to agree on what the standards of performance should be.

Select one:

True

False

The correct answer is ‘True’.

 

 

 

 

 

Question 19

Poor performance may have multiple causes

Select one:

True

False

The correct answer is ‘True’.

Question 20

An effective performance management system should focus on a large number of performance measures.

Select one:

True

False

The correct answer is ‘False’.

 

CHAPTER 11 PRACTICE TEST

Question 1

A stressor is an internal force affecting an individual.

Select one:

True

False

The correct answer is ‘False’.

Question 2

EAP’s are based on the assumption that work is the cause of an employee’s problems.

Select one:

True

False

The correct answer is ‘False’.

Question 3

An alcoholic employee may be fired for wrecking a company car while under the influence – if that offense is one others have been fired for.

Select one:

True

False

The correct answer is ‘True’.

Question 4

The text suggests that there is already adequate research into the effectiveness of EAP’s and no more is needed at this time.

Select one:

True

False

The correct answer is ‘False’.

Question 5

Using role-play techniques is a good way to training supervisors in their role in employee counseling.

Select one:

True

False

The correct answer is ‘True’.

Question 6

Substance abuse, while found in the U.S. population, is not a problem in the workplace, since most abusers do not have jobs.

Select one:

True

False

The correct answer is ‘False’.

Question 7

Employees must contact the EAP through their supervisor.

Select one:

True

False

The correct answer is ‘False’.

Question 8

A necessary ingredient for an effective employee counseling program is a clear and well-enforced policy about employee confidentiality?

Select one:

True

False

The correct answer is ‘True’.

Question 9

Most managers and supervisors are well-trained to deal with serious employee personal problems.

Select one:

True

False

The correct answer is ‘False’.

Question 10

In general internal EAP’s offer more services than do external EAP’s.

Select one:

True

False

The correct answer is ‘True’.

Question 11

Over one half of the U.S. population is at risk from hypertension.

Select one:

True

False

The correct answer is ‘True’.

Question 12

Over the last 25 years the obesity level in the US has remained relatively constant.

Select one:

True

False

The correct answer is ‘False’.

Question 13

After the baby boom the birthrate in the US declined.

Select one:

True

False

The correct answer is ‘True’.

Question 14

Stress is easy to define and identify?

Select one:

True

False

The correct answer is ‘False’.

Question 15

Employee counseling services should always be outsourced to get the best possible program.

Select one:

True

False

The correct answer is ‘False’.

Question 16

Reasonable accommodation for substance abuse generally is interpreted to mean that abusers can be fired immediately upon uncovering their abuse problem.

Select one:

True

False

The correct answer is ‘False’.

Question 17

Exercise and fitness programs are popular among large employers

Select one:

True

False

The correct answer is ‘True’.

Question 18

Employers see healthcare costs as a major factor in encouraging counseling programs for employees.

Select one:

True

False

The correct answer is ‘True’.

Question 19

Negative attitudes toward overweight people are widespread in the US.

Select one:

True

False

The correct answer is ‘True’.

Question 20

Records on EAP utilization by an employee should be kept as part of their regular personnel file.

Select one:

True

False

The correct answer is ‘False’.

 

 

 

 

Question 21

A HPP is a Health Promotions Program

Select one:

True

False

The correct answer is ‘True’.

Question 22

Confidentiality is of no concern to employees in counseling?

Select one:

True

False

The correct answer is ‘False’.

Question 23

The author believes that participation in employee counseling programs should be mandatory if they are to be effective.

Select one:

True

False

The correct answer is ‘False’

Chapter 12 Practice Test

Question 1

Career models can focus on the individual, the organization and the team

Select one:

True

False

The correct answer is ‘True’.

Question 2

The career counseling process can be viewed as having three stages.

Select one:

True

False

The correct answer is ‘True’.

Question 3

Career planning involves becoming aware of one’s options, constraints and consequences.

Select one:

True

False

The correct answer is ‘True’.

 

 

 

Question 4

According to Greenhaus et al. (2000), a career is BEST defined as one’s work experiences over a lifetime.

Select one:

True

False

The correct answer is ‘True’.

Question 5

Career exploration always includes goal setting.

Select one:

True

False

The correct answer is ‘False’.

Question 6

In the ‘new’ employment relationship described in your text employment is BEST viewed as an exchange relationship for mutual benefit

Select one:

True

False

The correct answer is ‘True’.

Question 7

Career management involves becoming aware of one’s options.

Select one:

True

False

The correct answer is ‘False’.

Question 8

Generativity (according to Erikson) is when people focus on the generations that have gone before them.

Select one:

True

False

The correct answer is ‘False’.

Question 9

A key competency for individuals proposed by Jones and DeFillippi is “Knowing whom” to form work relationships with.

Select one:

True

False

The correct answer is ‘True’.

 

 

 

 

Question 10

In the ‘traditional’ employment relationship, employees often felt that had joined the company ‘family’.

Select one:

True

False

The correct answer is ‘True’.

Question 11

HRD’s role in career development is to make a plan for every employee.

Select one:

True

False

The correct answer is ‘False’.

Question 12

An expert focuses on building knowledge.

Select one:

True

False

The correct answer is ‘True’.

Question 13

A career path is a series of jobs with related tasks and experiences that an employee moves through over time.

Select one:

True

False

The correct answer is ‘True’.

Question 14

According to Levinson 80% of men interviewed has experienced a midcareer period of self-questioning and reevaluation.

Select one:

True

False

The correct answer is ‘True’.

Question 15

Outplacement focuses on keeping people happy within the organization.

Select one:

True

False

The correct answer is ‘False’.

 

 

 

 

 

Question 16

Career planning involves becoming aware of one’s options, constraints and consequences.

Select one:

True

False

The correct answer is ‘True’.

Question 17

In the ‘traditional’ employment relationship, employees often felt that had joined the company ‘family’.

Select one:

True

False

The correct answer is ‘True’.

Question 18

Career exploration always includes goal setting.

Select one:

True

False

The correct answer is ‘False’.

Question 19

The career counseling process can be viewed as having three stages.

Select one:

True

False

The correct answer is ‘True’.

Question 20

In the ‘new’ employment relationship described in your text employment is BEST viewed as an exchange relationship for mutual benefit

Select one:

True

False

The correct answer is ‘True’.

Chapter 13 Practice Test

Question 1

When globalizing organizations 4 categories of managers are needed. These types include both business managers and functional managers.

Select one:

True

False

The correct answer is ‘True’.

Question 2

When globalizing organizations 4 categories of managers are needed.

Select one:

True

False

The correct answer is ‘True’.

Question 3

Over one-half of tall raining dollars are spent training nonexempt employees.

Select one:

True

False

The correct answer is ‘False’.

Question 4

A potential disadvantage to short courses offered by colleges and universities is a perceived lack of relevance and practical orientation.

Select one:

True

False

The correct answer is ‘True’.

Question 5

A transformational leader offers us a vision and inspires us to pursue that vision.

Select one:

True

False

The correct answer is ‘True’.

Question 6

A lot of what we have learned about Management came from the 1970’s and the world has changed since then.

Select one:

True

False

The correct answer is ‘True’.

Question 7

Behavior modeling typically involves five steps. These five steps include: lecture, taking notes, memorization, repeating and learning.

Select one:

True

False

The correct answer is ‘False’.

 

 

Question 8

Business degrees are the most popular undergraduate degrees offered in the US.

Select one:

True

False

The correct answer is ‘True’.

Question 9

Needs assessment in management training is critical to program success.

Select one:

True

False

The correct answer is ‘True’.

Question 10

The characteristics approach involves interviewing managers.

Select one:

True

False

The correct answer is ‘False’.

Question 11

Needs assessment is unimportant in management development programs.

Select one:

True

False

The correct answer is ‘False’.

Question 12

Corporate colleges or universities are seldom used in the U.S.

Select one:

True

False

The correct answer is ‘False’.

 

 

Question 13

A lot of what we have learned about Management came from the 1970’s and the world has changed since then.

Select one:

True

False

The correct answer is ‘True’.

 

 

 

Chapter 14 Practice Test

Question 1

To change an organization and its people can be very difficult. According to the Schein 3-stage model, the first step in this process is to restructure them.

Select one:

True

False

The correct answer is ‘False’.

Question 2

The change agent needs a knowledge of OD theories.

Select one:

True

False

The correct answer is ‘True’.

Question 3

An SMT is a self-managed team

Select one:

True

False

The correct answer is ‘True’.

Question 4

Job enlargement moves people into different jobs.

Select one:

True

False

The correct answer is ‘False’.

Question 5

Techno-structural intervention theory focuses on job competencies.

Select one:

True

False

The correct answer is ‘True’.

Question 6

Strategic interventions may be needed when an organization is faced with internal pressures to change and adapt.

Select one:

True

False

The correct answer is ‘False’.

 

Question 7

OD enhances the effectiveness of the organization.

Select one:

True

False

The correct answer is ‘True’.

Question 8

Research has shown that organizational learning is very effective.

Select one:

True

False

The correct answer is ‘False’.

Question 9

Organization development appears to be currently in a state of flux.

Select one:

True

False

The correct answer is ‘True’.

Question 10

Survey feedback is simply interviewing a lot of people about their jobs.

Select one:

True

False

The correct answer is ‘False’.

Question 11

The model of planned changed (by Porras and Silvers) distinguishes two sets of target variables: vision variables and work setting variables.

Select one:

True

False

The correct answer is ‘True’.

Question 12

The culture of an organization has no impact on organization learning.

Select one:

True

False

The correct answer is ‘False’.

 

 

 

 

Question 13

HRD generally has little impact on OD changes.

Select one:

True

False

The correct answer is ‘False’.

Question 14

OD enhances the well-being of the members of the organization.

Select one:

True

False

The correct answer is ‘True’.

Question 15

An HPWS is a high performing work system.

Select one:

True

False

The correct answer is ‘True’.

Question 16

OD generally uses spontaneous (non-planned) interventions to accomplish its goals.

Select one:

True

False

The correct answer is ‘False’.

Question 17

Two types of alternative work schedules are flextime and compressed work week.

Select one:

True

False

The correct answer is ‘True’.

Question 18

A high performing work system is based on eight core principles.

Select one:

True

False

The correct answer is ‘True

 

 

Chapter 15 Practice Test

Question 1

Females have both moved up in organizations and achieved pay equity with men over the last 20 years.

Select one:

True

False

The correct answer is ‘False’.

Question 2

Equal opportunity is the giving of preferences to women and minorities in employment decisions.

Select one:

True

False

The correct answer is ‘False’.

Question 3

Affirmative action can require organizations to practice preferential recruiting and hiring.

Select one:

True

False

The correct answer is ‘True’.

Question 4

The status of affirmative action plans is clear and unchallenged.

Select one:

True

False

The correct answer is ‘False’.

Question 5

Organization culture includes a set of shared values and beliefs.

Select one:

True

False

The correct answer is ‘True’.

Question 6

The focus on a managing diversity program is on inclusion.

Select one:

True

False

The correct answer is ‘True’.

 

 

 

 

Question 7

Over one-half of US companies offer some form of cross-cultural training.

Select one:

True

False

The correct answer is ‘True’.

8

In 2009 the US foreign born population exceeded 12 percent of the population.

Select one:

True

False

The correct answer is ‘True’.

Question 9

The two forms of sexual harassment are quid quo pro and hostile work environment.

Select one:

True

False

The correct answer is ‘True’.

Question 10

Artifacts and patterns of behavior play an important role in the socialization process.

Select one:

True

False

The correct answer is ‘True’.

Question 11

Interpersonal distance do not vary for people from different cultures.

Select one:

True

False

The correct answer is ‘False’.

Question 12

Traditionally, a key element in moving into higher level positions in organizations is having a mentor.

Select one:

True

False

The correct answer is ‘True’.

Question 13

The two forms of sexual harassment are quid quo pro and hostile work environment.

Select one:

True

False

The correct answer is ‘True’

 

 

Do you need a similar assignment done for you from scratch? Order now!
Use Discount Code "Newclient" for a 15% Discount!

Cases

Case 1 Case 2 Case 3 Case 4

Case 1

Sweet, J.

Alonzo v. Chase Manhattan Bank, N.A 25 F. Supp. 2d 455 (S.D.N.Y. 1998)

A Hispanic employee sued his employer for national origin discrimination, alleging he was the only His- panic in his unit and the only person subjected to name calling and racial slurs because of it. After the EEOC’s determination and before bringing the case to court, the employee amended the complaint to in- clude race discrimination. The employer argued that race was not included in the original EEOC complaint; therefore, the court had no jurisdiction to hear it at this point. In holding that it was permissible to include the new category because it was within the scope of what could reasonably have been expected to grow out of the EEOC investigation, the court discussed the uncertainty of race versus national origin discrimination.

Whereas the term “black,” or even “Asian,” does not trigger the concept of national origin or an affiliation to a particular country, the term “Hispanic” may trig- ger the concept of race. Thus, the allegations con- tained in Alonzo’s EEOC charge would reasonably cause the EEOC to investigate discrimination based both on national origin and race, thereby satisfying the “reasonably related” requirement, even though he only checked the box labeled “national origin” on his EEOC charge.

Alonzo stated his belief that he was discriminated against because he is Hispanic. While the term “black” is not associated with national origin, some courts have treated “Hispanic” as a racial category. In an oft-cited passage, the court in Budinsky v. Corning Glass Works, 425 F. Supp. 786 (W.D. Pa. 1977), reasoned that:

The terms “race” and “racial discrimination” may be of such doubtful sociological validity as to be scientifically meaningless, but these terms none- theless are subject to a commonly-accepted, albeit sometimes vague, understanding . . . On this ad- mittedly unscientific basis, whites are plainly a “race” susceptible to “racial discrimination.” His- panic persons and Indians, like African- Americans, have been traditional victims of group discrimination, and, however inaccurately or stu- pidly, are frequently and even commonly subject to a “racial” identification as “non-whites.”

Whether being Hispanic constitutes a race or a national origin category is a semantic distinction with

historical implications not worthy of consideration here. Thus, submits Alonzo, neither he nor the EEOC em- ployee who filled out his EEOC charge should be penal- ized for not checking the box marked “race”. Alonzo points out that because he did not state that he was the only Hispanic from a particular country treated in a dis- criminatory manner, he did not confine his claim to one of national origin discrimination.

Due to Alonzo’s pronouncement that he was dis- criminated against because he is an Hispanic, because it has not been established that the designation of be- ing an Hispanic precludes a claim of racial discrimina- tion, and given the uncertainty among courts as to whether “Hispanic” is better characterized as a race or a national origin, Alonzo’s claims of racial discrimina- tion are reasonably related to his claims of national origin discrimination as they fall within the reasonable scope of EEOC investigation. Accordingly, Defen- dants’ MOTION for judgment on the pleadings re- garding the claims premised on racial discrimination is DENIED.

Case Questions

1. What do you think of the court’s quote from the Budinsky case about classification of race being stu- pid and inaccurate? Explain.

2. Do you think it matters whether someone’s category is called “race” vs. “ethnicity”? Explain.

3. Do you agree with the court that the employee should not be penalized for checking the race box? Explain.

***

Chapter Six Race and Color Discrimination 293

 

 

 

 

294 Part Two Regulation of Discrimination in Employment

Case 2

Jones v. Robinson Property Group, L.P., d/b/a Horseshoe Casino & Hotel 427 F.3d 987 (5th Cir. 2005)

A better-than-average black poker dealer with a good deal of experience sued a casino for refusing to hire him over an eight-year period, alleging it was only because of his race. Based on the facts, the court agreed.

 

Stewart, J.

Ralph Jones is an African-American male living in Tunica County, Mississippi. He is a certified poker dealer who has worked in various casinos as a poker dealer and in other capacities. He has also dealt in several major poker tournaments, including the World Poker Open held at the Horseshoe Casino. It is undisputed that Jones is a well qualified poker dealer, whose dealing skills are better than the average poker dealer in Tunica County, Mississippi.

Robinson Property Group (RPG) first opened the Horseshoe Casino and Hotel in Tunica, Mississippi, in 1995. Ken Lambert has served as the poker room man- ager at the Horseshoe since that time.

Jones alleges that he has repeatedly sought and been refused a position with RPG. Jones first applied for a position at Horseshoe in late 1994, before the casino opened. In May 1995, Jones applied for a poker floor person and a poker dealer position at Horseshoe. Jones was not hired for either position. Two weeks later, Jones complained to Anna West, Horseshoe’s Director of Human Resources, that his non-hiring was due to racism. Jones asked her whether the casino had a problem with hiring blacks as poker dealers because he observed that there were no African-Americans working at the Horseshoe as poker deal- ers at that time. Lambert was summoned to respond to Jones’ question. Lambert responded to Jones’ complaint by stating that there were no qualified African-American poker dealers in Tunica County. Jones informed him that there were at least five qualified African-Americans in the area, including himself. Lambert testified that he became indig- nant at Jones’ accusation, and he felt “misjudged” and “embarrassed.” He claims that he nonetheless offered Jones a position as a poker dealer again. When Jones refused and he persisted in his racial allegations, Lambert testified that his feelings became hurt and he ended the conversation. Jones denies that he was offered a position as a poker dealer.

Between 1995 and 2002, Jones submitted applications for a poker dealer position no less than 10 times. Horseshoe has employed Jones in other departments and on a

temporary basis as a poker dealer during high profile poker tournaments; however, Jones has never been hired by Horseshoe on a permanent basis. The record reveals that during the relevant time period the Horseshoe was hir- ing poker dealers for permanent positions. The Horseshoe generally employs a staff of 40–45 poker dealers.

***
Under Title VII, an employer cannot “fail or refuse

to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race[.]” An employee can prove discrimination through direct or cir- cumstantial evidence. If an employee presents credible direct evidence that discriminatory animus at least in part motivated, or was a substantial factor in the adverse em- ployment action, then it becomes the employer’s burden to prove by a preponderance of the evidence that the same decision would have been made regardless of the discriminatory animus.

***
We have previously held that “statements or docu-

ments which show on its face that an improper criterion served as a basis—not necessarily the sole basis, but a basis—for the adverse employment action are direct evidence of discrimination.” When a person or persons with decision making authority evinces [sic] racial ani- mus that may constitute direct evidence of discrimina- tion. [sic] (“This court has implied that calling an employee a ‘nigger’ would be direct evidence of race discrimination.”) We have also previously observed that racial epithets undoubtably demonstrate racial animus.

***
. . . Upon extensive review of the parties’ arguments

and the record in this case, we find that Jones has demon- strated direct evidence of discrimination.

Mims [a poker dealer and part-time supervisor] stated that she inquired why an African-American poker dealer

***

 

was not hired and was told, by either Lambert or his as- sistant, that “they hired who they wanted to hire and there [sic] were not going to hire a black person unless there were extenuating circumstances.” She was then told by Lambert, or his assistant, that “good old white boys don’t want blacks touching their cards in their face.” Sam Thomas [a former Horseshoe employee] testified that in 1995, that Lambert told him that “maybe I’ve been told not to hire too many blacks in the poker room.” It is in- controvertible that Lambert made the hiring decisions at Horseshoe and Presley as his assistant would have pro- vided input, therefore, viewing the evidence in the light most favorable to Jones, the aforementioned evidence proves, without inference or presumption, that race was a basis in employment decisions in the poker room at Horseshoe. The evidence need not show that race was the sole basis in order to constitute direct evidence. . . . Mims’ and Thomas’ testimony clearly and explicitly indicates that decision maker(s) in the poker room used

race as a factor in employment decisions, which is by definition direct evidence of discrimination. Thus, we find that Jones has presented direct evidence of discrimi- nation and accordingly, he has established a prima facie case of discrimination. The district court erred in grant- ing summary judgment for RPG. We thus REVERSE and REMAND this case back to the district court for further proceedings consistent with this opinion.

Case Questions

1. Are you surprised that this is a 2005 case? Explain. 2. Giventheevidence,doyouunderstandwhythelower court would have found that no race discrimination

had taken place? Explain.
3. What do you think of the statements that management

allegedly made? Do they seem like appropriate bases for making workplace decisions? Explain.

Vaughn v. Edel 918 F.2d 517 (5th Cir. 1990) Case 3

During a retrenchment, a black female was terminated for poor performance. She alleged race discrimination in that her employer intentionally determined not to give her necessary feedback about her performance that would have helped her perform better and perhaps avoid dismissal. The court upheld the employee’s claim.

Chapter Six Race and Color Discrimination 295

 

Wiener, J.

Emma Vaughn, a black female attorney, became an associate contract analyst in Texaco’s Land Department in August of 1979. Her supervisors were Robert Edel and Alvin Earl Hatton, assistant chief contract analyst. In Vaughn’s early years with Texaco, she received promo- tions and was the highest ranked contract analyst in the department.

The events leading to this dispute began on April 16, 1985, the day after Vaughn returned from a second maternity leave. On that day, Edel complained to Vaughn about the low volume of her prior work and the excessive number of people who visited her office. Vaughn later spoke with Roger Keller, the head of the Land Depart- ment, about Edel’s criticism of her.

In a memorandum concerning this discussion, Keller wrote that he had told Vaughn that he had been told that Vaughn’s productivity “was very low”; that he “had become aware for some time of the excessive visiting by predominantly blacks in her office behind closed doors”; and that “the visiting had a direct bearing on her produc- tivity.” Keller then told Vaughn, as he noted in his memo, that “she was allowing herself to become a black matri- arch within Texaco” and “that this role was preventing her from doing her primary work for the company and that it must stop.”

Keller’s remarks offended Vaughn, so she sought the advice of a friend who was an attorney in Texaco’s Legal Department. Keller learned of this meeting and of

***

 

 

 

296 Part Two Regulation of Discrimination in Employment

Vaughn’s belief that he was prejudiced. To avoid charges of race discrimination, Keller told Vaughn’s supervisor, Edel, “not [to] have any confrontations with Ms. Vaughn about her work.” Keller later added that “if he [Edel] was dissatisfied, let it ride. If it got serious, then see [Keller].”

Between April 1985 and April 1987 when Vaughn was fired, neither Edel nor Hatton expressed criticism of Vaughn’s work to her. During this period all annual writ- ten evaluations of Vaughn’s work performance (which, incidentally, Vaughn never saw) were “satisfactory.” Vaughn also received a merit salary increase, though it was the minimum, for 1986. Keller testified that for sev- eral years he had intentionally overstated on Vaughn’s annual evaluations his satisfaction with her performance because he did not have the time to spend going through procedures which would result from a lower rating and which could lead to termination.

In 1985–86 Texaco undertook a study to identify ac- tivities it could eliminate to save costs. To meet the cost- reduction goal set by the study, the Land Department fired its two “poorest performers,” one of whom was Vaughn, as the “lowest ranked” contract analyst. The other employee fired was a white male.

In passing Title VII, Congress announced that “sex, race, religion, and national origin are not relevant to the selection, evaluation, or compensation of employees.”

When direct credible evidence of employer discrimi- nation exists, employer can counter direct evidence, such as a statement or written document showing discrimina- tory motive on its face, “only by showing by a prepon- derance of the evidence that they would have acted as they did without regard to the [employee’s] race.”

Vaughn presented direct evidence of discrimination. Keller testified that to avoid provoking a discrimination suit he had told Vaughn’s supervisor not to confront her about her work. His “black matriarch” memorandum de- tails the events that led Keller to initiate this policy. Keller also testified to deliberately overstating Vaughn’s evalua- tions in order not to start the process that might eventually lead to her termination. This direct evidence clearly shows that Keller acted as he did solely because Vaughn is black.

Although Vaughn’s race may not have directly moti- vated the 1987 decision to fire her, race did play a part in Vaughn’s employment relationship with Texaco from 1985–1987. Texaco’s treatment of Vaughn was not color- blind during that period. In neither criticizing Vaughn when her work was unsatisfactory nor counselling her how to improve, Texaco treated Vaughn differently than it did its other contract analysts because she was black. As a

result, Texaco did not afford Vaughn the same opportunity to improve her performance and perhaps her relative rank- ing, as it did its white employees. One of those employees was placed on an improvement program. Others received informal counselling. The evidence indicates that Vaughn had the ability to improve. As Texaco acknowledges, she was once its highest ranked contract analyst.

Had her dissatisfied supervisors simply counselled Vaughn informally, such counselling would inevitably have indicated to Vaughn that her work was deficient. Had Keller given Vaughn the evaluation that he believed she deserved, Texaco’s regulations would have required his placing her on a ninety-day work improvement pro- gram, just as at least one other employee—a white male—had been placed. A Texaco employee who has not improved by the end of that period is fired.

When an employer excludes black employees from its efforts to improve efficiency, it subverts the “broad overriding interest” of Title VII—“efficient and trusty workmanship assured through fair and racially neutral employment and personnel decisions.” Texaco has never stated any reason, other than that Vaughn was black, for treating her as it did. Had Texaco treated Vaughn in a color-blind manner from 1985–1987, Vaughn may have been fired by April 1987 for unsatisfactory work; on the other hand, she might have sufficiently improved her per- formance so as not to be one of the two lowest ranked employees, thereby avoiding termination in April 1987.

Because Texaco’s behavior was race-motivated, Tex- aco has violated Title VII. Texaco limited or classified Vaughn in a way which would either “tend to deprive [her] of employment opportunities or otherwise ad- versely affect [her] status as an employee” in violation of the law.

Case Questions

1. Do you agree with the court’s decision? Why or why not?

2. How would you have handled this matter if you were the manager?

3. What do you think of Keller’s remarks about Vaughn becoming the “black matriarch” of Texaco, “meeting behind closed doors,” and “excessive meetings with predominantly blacks”? What does it signify to you? What attitudes might it reflect that may be inappro- priate in the workplace? What concern, if any, might be appropriate?

Case 4

Eisele, J.

In the complaint filed with the Court, Chandler (who is white) alleges that she was the victim of a discriminatory employment practice at the hands of her employers. Chandler, a former manager of employer’s restaurant, claims that her employer thwarted her efforts to employ and promote African-American employees, and that as a result the conditions of her employment became so intolerable that she was forced to resign. The employer argues that because they are alleged to have adopted discriminatory hiring and promotional practices targeted only at African-Americans, a white person has no standing to assert a Title VII claim premised upon these policies.

It is true that only individuals whom employers are claimed to have failed or refused to hire or promote were African-Americans. However, by focusing on the “fail or refuse to hire” provision of 2000e-2(a)(1), employer’s argument misperceives the unlawful employment prac- tice alleged by Chandler. Chandler does not claim that she was a target of employer’s allegedly anti–African- American employment practices. Rather, Chandler ar- gues that employer’s insistence that she enforce these practices violated her fundamental right to associate with African-Americans, and as a consequence employer committed a separate violation by engaging in an unlaw- ful employment practice that “otherwise discriminate[d] against an individual,” namely Chandler.

Although the Court recognizes that Chandler’s Title VII claim is somewhat novel, it is of the opinion that such a claim, if proven, would state a cause of action un- der Title VII. A white person’s right to associate with African-Americans is protected by Sec. 1981. Therefore, the Court concludes that an employer’s implementation of an employment practice that impinges upon this right is actionable under Title VII.

Additionally, Chandler’s allegations are sufficient to establish a Title VII claim under a separate provision of the statute. The relevant provision of Title VII is found in 42 U.S.C.A. § 2000e-3(a), which provides in perti- nent part:

It shall be an unlawful employment practice for an employer to discriminate against any of his employ- ees . . . because [s]he has opposed any practice made an unlawful employment practice by [Title VII].

In order to establish a prima facie case under the “opposition” clause of § 2000e-3(a), an employee must show: (1) that she was engaged in an opposition activ- ity protected under Title VII; (2) that she was a victim of adverse employment action; and (3) that a causal nexus exists between these two events. The Court has no doubt that an employee who exercises her authority to promote and employ African-Americans engages in protected “opposition” to her employer’s unlawful employment practice which seeks to deprive African- Americans of such benefits. Thus, Chandler’s allega- tions are clearly sufficient to meet the first requirement of a § 2000e-3(a) claim. The Court further concludes that employer’s insistence that Chandler enforce such an employment practice, if proven, would certainly cause an “adverse employment action” to be visited upon her. Title VII forbids an employer from requiring its employees “to work in a discriminatorily hostile or abusive environment,” and included within this prohi- bition is the right of white employees to a work environment free from discrimination against African- Americans, or any other class of persons. Indeed, sub- jecting an employee to such a hostile working environment may result in an actionable constructive

***

Chapter Six Race and Color Discrimination 297

 

Chandler v. Fast Lane, Inc. 868 F. Supp. 1138 (E.D. Ark., W. Div. 1994)

A white employee brought suit against her employer for constructive dismissal under Title VII and other statutes, alleging that she was forced to leave her job when the employer would not allow her to hire and promote African-Americans. The employer argued that since its policies discriminated only against African-Americans, the white employee had no right to sue under Title VII. The court disagreed and permitted the case to be brought.

 

 

298 Part Two Regulation of Discrimination in Employment

discharge, a result that is especially likely under facts similar to those presently alleged. Under Title VII, a constructive discharge occurs whenever it is reason- ably foreseeable that an employee will resign as a result of her employer’s unlawful employment prac- tice, and it is plainly foreseeable that an employee might choose to resign rather than to acquiesce in or enforce her employer’s discriminatory and illegal employment practice.

The Court is therefore satisfied that employer’s efforts to hinder Chandler from hiring and promoting African-Americans, and their insistence that she dis- criminate against such persons, if proven, would result in an actionable Title VII claim. Indeed, “[u]nder the terms of § 2000e-3(a), requiring an employee to dis- criminate is itself an unlawful employment practice.” Accordingly, it is therefore ordered that employer’s motion to dismiss is DENIED.

Case Questions

1. What do you think of the employer’s argument that since its policies discriminated against African- Americans, the white employee should not be able to bring a suit for discrimination? Explain.

2. Do you understand the court’s reasoning that the white employee was being discriminated against by not being able to hire and promote black employees? Explain.

3. What reason can you think of as to why the employer had the policy of not hiring or promoting African-Americans? Do you think it makes good economic sense? (Consider all facets of economics, including the possibility of litigation over the policies.)

 

Do you need a similar assignment done for you from scratch? Order now!
Use Discount Code "Newclient" for a 15% Discount!