Question 1
Tom owns a small trucking firm. Tom has always hired employees on the basis of three qualifications: 1. They must have a high school diploma; 2. They must pass a short paper-and-pencil test which is given to all applicants; and 3. They must have a valid driver’s license if applying for the position of driver. The short test is interesting, as it was devised by Tom from sample questions found on a GED (General Education Degree) Equivalency Test. The test consists of 33 vocabulary and mathematical questions, each worth 3 points. Anyone scoring below 70 is automatically rejected. Last month Tom advertised in the local paper for two new drivers. Ten people applied for the openings, but Tom rejected four applicants because they were not high school graduates. Three others were rejected because of test scores below 70. The two white males hired scored the highest on the test, had high school degrees, and also had valid driver’s licenses. This week Tom was notified that two equal employment complaints had been filed against Tom and his firm. One complaint, a woman, alleges that the test does not measure a person’s ability to drive and is not a valid predictor of job success. The other complaint, a minority man, alleges that the high school diploma requirement is not related to the ability to do the job and unfairly discriminates against minorities. If you were an EEO investigator, how would you evaluate this selection procedure?
Question 2
You are a HR manager at Company A. Mike, 42 years old, has been a generally competent and productive welder at Company A for ten years. Mike has been popular with his co-workers. Although he periodically “blows up” at them, he always apologizes afterwards. His absenteeism rate has been higher than average for the last several years, with most absenteeism on Mondays. Also, it is not uncommon for Mike to be 10-15 minutes late at least once a week. But, because of a shortage of experienced welders and because Mike often cuts his lunch hour short to make up his tardiness time, you and other managers at Company A have decided to live with Mike’s attendance problems as long as they don’t become extensive. One day, Mike’s coworker James told you that Mike has been staying at the neighborhood bar for several hours after work most nights. James also said he had heard rumors that Mike was having personal problems at home. You don’t like to pry into the lives of your workers, but you know that you can’t ignore the situation much longer, especially with the others beginning to talk about Mike’s problem. How would you handle this? What actions, if any, would you take?
Discussion #3
Question #1
The Equal Employment Opportunity Commission (EEOC) evaluate claims of employment discrimination based on race, color, religion, sex (which is inclusive of pregnancy, gender identification, and sexual preference), national heritage, disabilities, age (40 years of age or older), or genetic data. Exams and other selection processes are frequently used by businesses to assess job prospects and personnel for promotion.
Unless the employer can provide a legal justification for the test or procedure, tests or other selection procedures that predominantly excludes members of a particular group because of race, sex, or another protected characteristic may also be in violation of the federal anti-discrimination laws. (EEOC, n.d.). As a EEO investigator I would need to assess Tom’s employment test and recruitment procedures.
Investigating both complaints, the employer would need to provide justification for why this test is relevant to the job and why a high school diploma is required. In Title VII of the Civil Rights Act of 1964, employers are forbidden by law from employing impartial tests or selection processes that unfairly exclude individuals in regards to their race, color, religion, sex, or national origin when they are not relevant to the job and in accordance with business requirement known as disparate impact discrimination, according to York in Chapter 2.
According to the EEOC and following its measures, can the employer prove that the process of selection is related to the job and aligns with business requirement if it has a discriminatory impact because of national origin, gender, race, or religion? By demonstrating that it is required for the job’s safety and effective performance, an employer such as Tom, can demonstrate compliance with these criteria. So, the contested policy or practice needs to be linked to the qualifications required to do the job well. The challenged policy or practice must assess a candidate’s or employee’s talents in relation to the specific position in question, as opposed to using a broad assessment of applicants’ or employees’ skills (EEOC, n.d.).
The EEOC takes steps to eliminate the discrimination if an employer is in violation of the law. Tom can agree with the EEOC and adjust his selection processes or like many other cases, he can choose to be taken to court to get the matter resolved.
Question #2
Absenteeism has a significant negative influence on staff members and the bottom line of the business. Coworkers take on reassigned jobs, managers must seek temporary sources, and the business suffers from a decrease in overall production. As an HR Manager, I would first address Mike’s attendance and develop an action plan along with his direct supervisor or manager, so that it’s clear what the consequences are moving forward if his attendance doesn’t improve. Regardless of being short-staffed, an employee who is putting an organization at risk may not be worth keeping, as he/she is likely cost the company more in a long run.
As an HR Manager, providing continuous training and development about workplace safety (provided by OSHA) is essential to providing a safe work environment for all. While external factors may have an impact on employee safety, it’s also critical to consider the degree to which the individual is protected from others who they work with. There are factors of pre-violence noted by the Workplace Violence Research Institute, that Westover mentioned in Chapter 13, that align with Mike’s behavior, which are explosive outbursts of outrage or anger that occur without cause, mood swings, and unexplained work absence. Because Mike is exhibiting more than one indicator, I would discuss this issue with Mike and offer him counseling. Additionally, I would send Mike out for random drug testing. Employers can’t afford to disregard their employees’ mental health because it’s crucial for corporate success to retain staff.
To help employees reduce stress, I would work with management to offer flexible working hours to employees. According to the SHRM, people are more content at work when they have some degree of control over their work schedules as opposed to when they are bound by strict work-hour limitations. For instance, someone who isn’t a morning person who preferably start work at noon instead will find it less stressful having to get up the morning. Instead, they will be more productive at the hour they are more focused and active, overall, more productive and beneficial for the organization.
Another way to help employees reduce stress is communication and asking employees what they need. SHRM suggests making informed assumptions is much less effective than openly asking your team what they need through surveys or focus groups. Workplace stress can occasionally become worse due to inefficiency, conflicts with coworkers, or a feeling of underappreciation by management. For example, by gathering information from employees about what changes they’d like to see in the workplace, the company might learn that providing an open space that is comfortable with furniture for employees can help them reset, relax, and recharge. By determining the causes of workplace stress and taking action to address them, the well-being of employees can be improved.
