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It was not until the 1960s when a change arose to help better those commonly discriminated against; the Equal Pay act of 1963, and then the Civil Rights Act of 1964 resulted in the Equal Employment Opportunity Commission (EEOC). These laws were put in place to make it unlawful to discriminate employment, based on race, color, sex, religion, age, disability, and nationality. In Case Incident Two, Jennifer was newly faced with various discriminatory unlawfulness within her father’s company; some issues started from just the interviewing process, to sexual harassment, all the way to loyal workers not getting what they deserved.
How Jennifer proceeds to handle these issues can either keep her company successful with valued employees, or in various major lawsuits.
As said in the previous chapter, the interview process can make or break the type of employees brought into a company, however, it goes much further than that. The hiring process can be a breeding ground for law violations, for which these anti-discrimination acts now in place prohibit the use of unethical questions during an interview.
How you phrase a seemingly harmless interview question can create serious legal consequences for a company. For Jennifer, she realized her biased management staff had almost no training when it came to the hiring process and asked very intrusive and impractical questions. These types of flaws in a company can easily lead to a lawsuit, yet quickly can be resolved by proper training of staff and weeding out those who do not wish to comply.
However, in Jennifer’s case, she had to realize that it was not just the interviewing process that was flawed, but various other types of harassment and discrimination to employees of her company as well.
One of the many concerns Jennifer was having to confront was a current employee on the management team, Jack Carter, who believes they will not have any discriminatory issues; he basically stated they will not get caught for any unlawful discrimination acts due to their variety of employees that they have staffed. However, questions posed in an interview, as well as equal opportunity acts within a company are still necessary. It only takes one person to file a case that could destroy him and cost the company lost of money The EEOC is a federal agency responsible for eliminating discrimination, by receiving and investigating discrimination claims.
Beyond that, Jennifer was confronted by various employees about sexual harassment claims and age discrimination. Given Jennifer’s particular situation, she should do everything in her power to assist them, in order to again make them comfortable and valued as an employee. Sexual harassment claims should be handled immediately, especially when the safety of an employee is at stake; texts need to be documented, conversations should be recorded, and any other instance needs to be written down in order to file a case and get justice. Jennifer should also assist those who have been discriminated on age alone; the Equal Pay Act makes it clear it is unlawful to discriminate on wages. By helping the victim file, he could be reimbursed for lost wages or given a promotion to make up for lost pay.
Discrimination in the workplace, evident or not, can truly harm an employees’ work life, as well as expose the company to various federal lawsuits. Jennifer walked into a company with endless HR issues and could find herself left to be in a sticky situation. The case itself is does not specify on how many employees there are total in her father’s company, however there is a minimum number of employees in which are needed to have these laws applied to them. If she does have the correct amount of employees staffed within her business, then she should take action and turn her father’s company around in order to make it a better place for her and all of her employees.
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