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Preventing Workplace Discrimination When it comes to discrimination and harassment, legal compliance should be the minimum standard that leadership t

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Preventing Workplace Discrimination
When it comes to discrimination and harassment, legal compliance should be the minimum standard that leadership teams set for their organizations. It is important to foster a culture where it is widely understood that these violations are completely unacceptable. However, even in workplaces where proactive policies and procedures are in place to prevent problems, it only takes one individual to infringe upon anothers rights. When these instances occur, it is the responsibility of HR professionals to have a solid understanding not only of their companies policies, but also the legal requirements for how to proceed.
In this Assignment, you will respond to a set of questions on the historical significance of antidiscrimination laws, HRs role in handling discrimination, and the benefits of diversity and diversity programs. You will review case studies and scenarios from the lens of an HR professional and apply HR practices to address the discrimination and harassment issues found within them.
To prepare for this Assignment:

Review this weeks Learning Resources, including the three case studies/scenarios that you will use to complete this weeks Assignment: Case 3-1 English Only: One Hotels Dilemma, the John and Amala Scenario, and the Melvin, Julie, and Tina Scenario.
Refer to the Academic Writing Expectations for 2000/3000-Level Courses as you compose your Assignment.

By Day 7
Submit your responses to the following prompts.

Select one of the following antidiscrimination legislations:

Equal Pay Act of 1963
Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act of 1967
Vietnam Era Veterans Readjustment Assistance Act of 1974
Pregnancy Discrimination Act of 1978
Americans with Disabilities Act of 1990
Civil Rights Act of 1991
Uniformed Services Employment and Reemployment Rights Act of 1994
Veterans Benefits Improvement Act of 2004
Title II of the Genetic Information Nondiscrimination Act of 2008
Lilly Ledbetter Fair Pay Act of 2009
Based on the legislation you selected, explain the impact of this historically significant legislation on HR practices. Specifically, in 150 words (2 paragraphs):
What is significant about this legislation?
What are the behaviors that led to this legislation being adopted?
What penalties may be assessed for violating it?

Illustrate the role of HR in addressing discriminatory behaviors. Specifically, in 150 words (2 paragraphs):

Define two types of discrimination.
For each type of discrimination, provide an example of how an HR manager could implement measures to prevent the discrimination or address the discrimination if it were to occur.

For the following question, refer to the Case 3-1 English Only: One Hotels Dilemma PDF (also located in this weeks Learning Resources).

Does this policy violate Title VII of the Civil Rights Act? Why or why not? (75 words, or 1 paragraph)

For the following question, consider the John and Amala Scenario PDF (also located in this weeks Learning Resources):

Based on this scenario, identify at least three inappropriate or illegal behaviors that Mr. Brian exhibited in this interview. For each behavior, explain why it was inappropriate or illegal and how he could have avoided or corrected his mistake. (150 words, or 2 paragraphs)

For the following questions, consider the Melvin, Julie, and Tina Scenario PDF (also located in this weeks Learning Resources):

Explain whether Tinas behavior is considered bullying and what, if any, legal consequences may be applicable. What changes would you, as an HR representative, recommend to improve the atmosphere in this work environment? (75150 words, or 12 paragraphs)
What constitutes sexual harassment in the workplace? What are some potential consequences of this type of behavior occurring within an organization, and how can HR play a role in addressing and preventing sexual harassment? Provide specific examples to support your answer. (75150 words, or 12 paragraphs)
Explain at least four components of diversity in addition to race and culture. Describe some groups or characteristics that may be represented in todays workplace, as well as the benefits they can bring to an organization. (150 words, or 2 paragraphs)
Analyze the use of diversity programs and their effectiveness within organizations. In your analysis, describe the benefits and challenges of implementing a diversity program and the importance of having a set of guiding best practices. Are there better ways to promote diversity in an organization than diversity programs? Provide one or two examples of alternatives and explain your rationale for selecting them. (150225 words, or 23 paragraphs)

https://www.navexglobal.com/blog/article/tools-preventing-and-addressing-discrimination-workplace/

https://www.washingtonpost.com/news/on-leadership/wp/2016/07/01/to-improve-diversity-dont-make-people-go-to-diversity-training-really-2/?noredirect=on https://www.navexglobal.com/blog/article/tools-preventing-and-addressing-discrimination-workplace/

https://www.washingtonpost.com/news/on-leadership/wp/2016/07/01/to-improve-diversity-dont-make-people-go-to-diversity-training-really-2/?noredirect=on

https://www.hrinasia.com/retention/how-should-hr-deal-with-discrimination-and-harassment-complaints/

How Promoting Diversity Helps Prevent Discrimination

https://www.youtube.com/watch?v=XjQxRrlbP2w Element 1: Historically Significant Antidiscrimination Legislation and HR–

Mastery9(7.5%)points
Student provides a thorough and detailed explanation of the significance of an antidiscrimination legislation, explains the behaviors that led to it being adopted, and explains what penalties may be assessed for violating it. Several sources and examples support thinking.
Exceptional8.37(6.98%)points
Student provides a detailed explanation of the significance of an antidiscrimination legislation, explains the behaviors that led to it being adopted, and explains what penalties may be assessed for violating it. Several sources or examples support thinking. There are one or two minor details missing.

Element 2: HR’s Role in Addressing Discriminatory Behaviors–

Mastery9(7.5%)points
Student provides a thorough and detailed explanation of HRs role in addressing discriminatory behaviors by defining two types of discrimination and providing an example of how HR managers could implement preventative measures or address the discrimination if it were to occur. Several sources and examples support thinking.
Exceptional8.37(6.98%)points
Student provides a detailed explanation of HRs role in addressing discriminatory behaviors by defining two types of discrimination and providing an example of how HR managers could implement preventative measures or address the discrimination if it were to occur. Several sources or examples support thinking. There are one or two minor details missing.

Element 3: Title VII of the Civil Rights Act–

Mastery9(7.5%)points
Student provides a thorough and detailed explanation of whether the policy from the case study violates Title VII of the Civil Rights Act and explains why or why not. Several sources and examples support thinking.
Exceptional8.37(6.98%)points
Student provides a detailed explanation of whether the policy from the case study violates Title VII of the Civil Rights Act and explains why or why not. Several sources or examples support thinking. There are one or two minor details missing.

Element 4: Inappropriate or Illegal Behaviors–

Mastery9(7.5%)points
Student provides a thorough and detailed description of more than three inappropriate or illegal behaviors that Mr. Brian exhibited in the interview in the scenario and explainsfor each behaviorwhy it was inappropriate or illegal and how he could have avoided or corrected his mistake. Several sources and examples support thinking.
Exceptional8.37(6.98%)points
Student provides a detailed description of at least three inappropriate or illegal behaviors that Mr. Brian exhibited in the interview in the scenario and explainsfor each behaviorwhy it was inappropriate or illegal and how he could have avoided or corrected his mistake. Several sources or examples support thinking. There are one or two minor details missing.

Element 5: HR’s Role in Addressing Bullying–

Mastery9(7.5%)points
Student provides a thorough and detailed explanation of whether Tinas behavior is considered bullying and what, if any, legal consequences may be applicable, as well as explains what changes he/she would, as an HR representative, recommend to improve the atmosphere in this work environment. Several sources and examples support thinking.
Exceptional8.37(6.98%)points
Student provides a detailed explanation of whether Tinas behavior is considered bullying and what, if any, legal consequences may be applicable, as well as explains what changes he/she would, as an HR representative, recommend to improve the atmosphere in this work environment. Several sources or examples support thinking. There are one or two minor details missing. 2019 Laureate Education, Inc. Page 1 of 2

John and Amala Scenario

Amala Saladin was excited to be a candidate for the position of customer service
representative for a small local employer. She enjoyed interacting with people, both in
person and on the telephone. She took great pride in her ability to communicate clearly,
uncover customers needs, and resolve their problems. Her 3 years experience in retail
prepared her for this new job. Amala was looking forward to working in an office
environment so she would not have to be on her feet all day.

Upon greeting her for the interview, the male interviewer, John Brian did not shake her
hand, though he had done so for other candidates who preceded Amala. Here is how
the interview transpired:

John Brian: Thank you for your interest in Small Local Company. I am John Brian, the
supervisor to whom the selected candidate will report. I see by your resum that you
have worked in retail for 3 years following your graduation from high school. Have you
ever worked in an office environment?

Amala Saladin: That is correct; I was a customer service representative for a home
products store. I greeted customers, helped them find merchandise, and resolved any
complaints about the products or the customers experiences in the store. However, this
would be my first office job.

JB: Great. Tell me a little more about yourself. What do you like to do for fun? I ran a
Google search on you and found you on Facebook and Instagram. Why dont we
become friends on Facebook so I may learn a little more about you?

AS: Well…I dont know that Im really comfortable with that….

JB: What are you concerned about? Do you have something to hide?

AS: No, I dont have anything to hide. I just wonder how this relates to the job I am
interviewing for.

JB: Lets move on then. You graduated high school 3 years ago. Are you planning to
start a family soon?

AS: No, I would like to develop my career before considering starting a family, she
answered, despite feeling uncomfortable with the question.

JB: Great. This job requires candidates to work flexible hours. Do you have a car to get
you back and forth to work on a flexible schedule?

AS: No, I do not have a car. I will take public transportation.

2019 Laureate Education, Inc. Page 2 of 2

JB: Hmm. Okay then. So, why should I hire you over the other candidates I have
interviewed?

AS: Well, I am enthusiastic. I work well with others. My experience in retail where I had
to resolve customers needs and ensure their satisfaction prepared me for this new role
in Small Local Company. I did my research about the companys mission and
community involvement. I am reliable and trustworthy. I believe I would be a perfect fit
here.

JB: Youre involved in the community, huh? So, wont that be shown on your Facebook
page? Again, if we were Facebook friends, I would be able to check you out further.

Amala did not provide this information.

JB: What was your pay rate at the home products store? Please provide your pay
stubs so we may verify it.

Amala did not provide this information.

JB: What questions do you have?

AS: How soon would you be making a decision on the candidate who will be selected?

JB: We have three more candidates to interview. We should make our decision in
about a week.

AS: Thank you.

Amala left the interview feeling concerned. Several questions were on her mind: Did
she answer the questions correctly? Will she be eliminated for not friending Mr. Brian on
Facebook? Will her age be held against her? 2019 Laureate Education, Inc. Page 1 of 1

Melvin, Julie, and Tina Scenario

Melvin Meekman is working in a residential facility for active older adults. He is in
charge of organizing the meals and managing the food vendor, creating reactional
activities, and writing the monthly newsletter to the residents. His direct boss is Julie
Centerfield who reports to Tina Toughland, the Executive Director. Tina is a no-
nonsense manager. All of the staff members know Tina follows the rules and expects
everyone to do so as well. She reports directly to the chair of the board of directors and
wants no complaints to reach the board members.

During the past 4 months, three residents have come to Tina and complained about
areas under Melvins purview:

1. The dinner was not hot enough to suit one resident. He stated he brought it to

Melvins attention but was brushed off.

2. Another complained that Melvin yelled at him when delivering the monthly

newsletter to his unit. (This resident was hard of hearing.)

3. A third resident complained she didnt like the way the bingo game was run.

Each time a resident complained, Tina went directly to Melvin and berated him in front
of other staff members, saying I received another complaint about you from a resident.
I dont know why you cant do your job right. I should just fire you on the spot. Anyone
with half a brain can do this job. Whats your problem?

Later, Tina would research the complaints and each time found Melvin was not guilty of
the perceived offenses. However, she never apologized or in any way acknowledged
Melvin for doing his job well.

Melvin often felt defeated at work. He dreaded coming in and his attendance began to
suffer. He became withdrawn and rarely communicated with his colleagues. When he
approached Julie, she typically responded with, You know thats how Tina is. You just
need to take it. 78 PART I: 21ST CENTURY HUMAN RESOURCE MANAGEMENT STRATEGIC PLANNING AND LEGAL ISSUES

CASE 3-1 ENGLISH-ONLY: ONE HOTEL’S DILEMMA

Erica, the Human Resource Manager, was frustrated by
many of her hotel staff speaking Spanish in the hallways
and rooms as they were cleaning them.

The Sawmill Hotel where Erica works is situated in
downtown Minneapolis, Minnesota. Its target market
includes sports enthusiasts attending nearby professional
(Twins, Vikings, Timberwolves, Wild) games but also
business professionals and families. This four-star hotel
features an indoor and outdoor swimming pool, a mes
sage center, three stores, two restaurants, and a beauty
shop. Total staff includes about 10 managers, 30 cleaning
assistants to take care of rooms, 10 front desk specialists,
and 25 who are involved with the stores, restaurants, and
beauty shop. All are required to focus on customer service
as their number-one value.

Erica hires everyone in the hotel except for the Chief
Executive Officer, Vice President of Finance, and Vice
President of Marketing. For the rest of the managers,
the 30 cleaning assistants, and the store, restaurant, and
beauty shop workers, she advertises for openings with the
local job service and the Minneapolis Star Tribune (with

the associated website). A typical Tribune ad for a clean
ing assistant reads as follows: Cleaning Assistants Wanted,
Sawmill Hotel, $9-$11/hour. Prepare rooms for custom
ers and prepare laundry. Contact: Erica Hollie, Human
Resource Manager, 5 5 5-805-1234.

As a result of the advertising, Erica has been able to
obtain good help through the local target market. Twenty
seven of the 30 cleaning assistants are women. Twenty of
the 30 have a Hispanic background. Of the Hispanics, all
can speak English at varying levels.

Rachel, the lead cleaning assistant, believes that maximiz
ing communication among employees helps the assistants
become more productive and stable within the hotel system.
She uses both English and Spanish to talk to assistants under
her. Spanish is useful with many assistants because they know
Spanish much better than English. Spanish also is the “good
friends” language that allows the Spanish speakers to freely
catch up on each other’s affairs and that motivates them
to stay working at the hotel. The use of the Spanish language
among cleaning assistants has been common practice
among them for the two years since the hotel opened.

In the last few months, top management decided to
have an even greater focus on customer service by ensuring
customer comment cards are available in each room and at
the front desk. Customers also can comment online about
their stay at the hotel.

There have been several customer complaints that
cleaning assistants have been laughing about them behind
their back in Spanish. One customer, Kathy, thought that
staffers negatively commented about her tight pink stretch
pants covering her overweight legs. Other customers have
complained they didn’t think asking staff for help was easy
given the amount of Spanish spoken. In all, about 15 out
of 42 complaints in a typical month were associated with
the use of the Spanish language.

Though bellhops and front desk clerks are typically the
workers who handle complaints first, Erica, the Human
Resource Manager, has the main responsibility to notify
workers about customer complaint patterns and to set pol
icy in dealing with the complaints. The prevalence of com
plaints concerning workers speaking Spanish each month
led Erica to make a significant change in policy concerning
the use of Spanish. In consultation with top management,
Erica instituted the following employee handbook policy
effective immediately:

“English is the main language spoken at the hotel. Any
communication among employees shall be in English. Use
of Spanish or other languages is prohibited unless specifi
cally requested by management or the customer.”

In an e-mail explanation for the new policy, Erica
stated the number of complaints that had come from the
use of Spanish and the need for customer courtesy and
communication.

Chapter 3: The Legal Environment and D1vers1ty Management 7g

Rachel immediately responded to Erica’s e-mail by
stating that the new policy was too harsh on the native
Spanish-speaking assistants at the hotel. She thought that
a better policy is to allow her assistants to communicate
with each other through Spanish but by quietly doing so
away from customer earshot. If there is a general discus
sion in front of a customer, it is recommended to speak
English. There should never be discussions in any language
about customer appearances.

Though Rachel grumbled, the policy stuck because
Erica and top management wanted to stop customer
complaints. As a result of the policy, 10 of the 20
Spanish-speaking assistants quit within two months.
These were high-quality assistants who had been with
the hotel since the start. Their replacements came from
a job service and have not worked out as well in their
performance.

Case created by Gu ndars Kaupi n s of Boise State
University

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