Week 6 Midterm Project
Many times companies experience financial obstacles that causes them reduce or close down their workforces. More Beer, Inc. decided to venture into internet marketing. Soon after these websites went live, technology problems, together with sluggish sales killed the company’s profits. As a result, the company has decided to abandon its new direct marketing plan and to reduce its workforce. As Vice President (VP) of HR for More Beer, Inc., I have to terminate three employees. I am given a list of five employees who are candidates for possible termination. After carefully reviewing facts about how each candidate benefits the company, ...view middle of the document...
He could possibly be an asset to another company. To avoid any lawsuits, More Beer, Inc. must ensure that they are in compliance with Title VII. National origin discrimination extends Title VII protection to members of all nationalities (Twomey, p. 448). Mike is an Asian male. He can argue that he was terminated because of his heavy accent. Employees complain that they have difficulty understanding him because he speaks English with a heavy accent. Although Mike have a heavy accent, it doesn’t affect his work.
I have also chosen Phillip Price for termination because he is solely responsible for much of the quality programming which took place in the program being abandoned. Phillip’s overall track record with the company and productivity is average. He has no advanced degree. Phillip has a bad attendance record. More Beer, Inc. needs employees that have a good attendance record and that can benefit the company. Price stated that he feels he has been treated differently after recently announcing that he is homosexual. To avoid any lawsuits, More Beer, Inc needs to ensure that they are in compliance with Title VII of the Civil Rights Act and disparate treatment or disparate impact. The EEOC and the courts have determined that the word sex as used in Title VII means a person’s gender and not a person’s sexual orientation. (Twomey, p. 427). In Schemedding v. Tromec Co., the U.S. Court of Appeals for the Eight Circuit reinstated a claim for sexual harassment under the Title VII by a male employee who charged his presumed homosexuality. To have an action claim under Title VII, the plaintiff had to amend his complaint and delete the assertion that the harassment was based on “perceived sexual preference” and assert solely that the harassment was based on “sex” (Twomey, p.428). In order for Phillip to have a claim, he would have to base his harassment on sex.
The third candidate I chose for termination is Sally James. Although she is a beloved employee and have been with the company for 20 years, I don’t believe she is the best candidate to retain for the company. Sally was an administrative assistant assigned to the overall organization of the failed marketing endeavor. Although terminating Sally will cause almost immediate financial hardship for her, we have to set aside our personal problems and think about what is best for the company. To avoid lawsuits, More Beer, Inc have to be in compliance with the ADEA and Older Workers Benefit Protection Act. Sally is 55 years old, which puts her in the protected class. Sally can argue that she was terminated because of her age. More Beer, Inc. can offer Sally an early retirement incentive program. Many companies offer early retirement...