Human Resources Department manager Pat Sutton is requesting the downsizing of the Human Resources Department. Instead of the eight employees already in place, Pat wants the department pared down to five employees. She wants the names of three employees selected to be terminated. There is no other alternative to termination, and the company policy states that there can be no early retirement and no moving laterally to another department. Cost-cutting measures are now requiring that five employees do the work of eight.
In addition to the names of the three employees recommended for termination, Pat wants to know what action management should take if any of the three employees decide to file a discrimination case against the company and what the employees would have to prove in order to win a discrimination case. Employees Recommended for Termination Pat, I have chosen the three employees to be terminated based on their skill set, work experience, and job function within the Human Resources department.
The three to be terminated are: Diane—she has been with the company for 10 years, and although she is an outstanding worker, her attendance problems have cost the company. Horatio—he has only been with the company for six months, is just learning insurance and health matters, and his skills are marginal at best. Greg—he has been with the company for five years and has shown an ability to quickly learn complex areas of work. However, he has not been trained in tech hiring, and his job skills are just average.
Of the three named employees, one is female and two are male. Title VII of the Civil Rights Act of 1964 is the main law of employment that is pertinent to these three employees. Possible Cases of Discrimination against Cost Club There are three different types of discrimination cases that could be file by the three employees. Race discrimination—Horatio could file a case of this type. He is Hispanic and has not quite grasped the English language. He would have to prove that because he is Hispanic and has a limited knowledge of English, the company terminated him.
I really do not think that Horatio would win if he decided to file a racial discrimination case against the company. His minimal skills in health and insurance after six months are more than enough reason to terminate him. Gender discrimination—Diane could file a case of this type. Her attendance problems stem from her children’s sicknesses over the years. She would have to prove that her termination stemmed from her being a female and missing work due to her sick children. We may have a tough time if Diane files this type of case against the company.
She is an outstanding worker and her only blemishes are her missed days of work due to her sick children. Religious discrimination—Greg could possibly file a case of this type. His religious convictions prevent him from working on Saturday or Sunday. This forces other workers to work weekends more frequently. Greg would have to prove that the company terminated him because his religion keeps him from working on the weekend. Greg would have a hard time winning a discrimination case if he were to file, because his work is just average at best.
With regard to each employee’s possible claim of discrimination, the company should prepare itself by carefully looking into each employee’s work performance employee performance appraisals. After all, the company needs to offer the three workers more than just a “we had to terminate three people and you were one of them” explanation. Failure to promote qualified employees is a form of adverse employment action. Employee performance appraisals provide written documentation and prove the employer acted fairly in terminating an employee.
Documenting Performance Improvement Plans (PIPs) The Performance Improvement Plan (PIP) is intended to smooth the progress of positive conversation involving an employee and his or her manager and to explain the work performance that needs development. The PIP is put into effect, at the choice of the manager, when it is deemed essential to assist an employee in improving his or her performance. This arrangement allows managers to set objectives, determine procedures, manage evaluation meetings, and record development. No particular quantity of time is needed for a worker to adhere to a PIP.
As a matter of fact, if no improvements are made, an employee can be terminated after a number of weeks. Performance Improvement Plans have an awful reputation amongst personnel who view them as the last step in terminating employment. This is because numerous companies apply Performance Improvement Plans the wrong way or use them for generating a lawful safety net prior to ending employment. Performance Improvement Plans should only be applied if a manager sincerely believes that the worker possesses the ability to improve.
Every other thing is agonizing for the worker and takes up too much time for human resources staff and managers. Regarding human resources personnel and managers, a Performance Improvement Plan is more or less hardly ever fitting. If a supervisor is performing poorly or at a level below standards to necessitate a Performance Improvement Plan, it is very rare that he or she will salvage the needed assurance of subordinate employees or his or her own manager. Human Resource organizations possess more than enough admission to extremely private, unique data.
Moreover, because of their place in the organization, the harm to your belief in them and their trustworthiness is almost impossible to overcome. Dispute Resolution Process A dispute resolution process is categorized into two types: adjudicative and consensual. In an adjudicative dispute resolution process, an arbitrator, judge, or jury decides the result of the arbitration or litigation. During a consensual dispute resolution process, such as mediation, collaborative law, negotiation, or conciliation, the participants try to come to an agreement (FITT, 302).
For the three employees we are terminating, we would need an adjudicative dispute resolution process. This way, an arbitrator can decide the outcome of the case. Responding to Charges of Discrimination Should we be charged with discrimination from terminated employees, we will follow these steps: 1. Gather documents and evidence but wait to interview witnesses and meet with the company’s legal specialist to decide who must manage the inquiry. It may be essential to run an investigation that we reveal to the examining organization, or it may be more vital to run an investigation that can be suppressed.
Nevertheless, we should amass any records which specify what actually happened. If a discrimination claim is made founded on a “disparate impact,” we will need to collect some simple material concerning the diversity of the company’s workforce. This way, the company’s attorney can determine if that data has any importance statistically. 2. If we opt to prepare a re-tort to the discrimination charges on our own, we should take into account that we have numerous onlookers. Initially, some EEOC offices will send a duplicate of the reply to the terminated worker or his/her legal counsel.
If the employee or the EEOC chooses to take legal action, they are apt to attempt to exploit the company’s stance as substantiation in their argument. The simple rule to constantly abide by is to just state the facts. Do not state undesirable points about the terminated worker that are case irrelevant, and be sure to corroborate all testimony with any documents available. We should only give the EEOC additional information if it strengthens the company’s stance. This is my recommendation on who should be terminated and what avenues of approach we should take should any discrimination charges be brought against the company.