Introduction
The goal of every firm is to ensure that through their operations, success is achieved which is relative depending on their set missions and visions. Moreover, various rules are set to facilitate a common ground that can be used to sustain order within the workplace and among staff members. As a renowned company, Winter Widget Corporation based in New York and are responsible for making widgets. As a private corporation that has one hundred employees, strict measures should be put in place to ensure that collaboration is maintained. On the other hand, conflicts are inevitable around an environment with a significant number of people. Hence, outlining ways in which to keep calm and offer substantial ways of conflict management is necessary. Following the long illness and demise of the Director of Human Resources - Susan Adams, there have been numerous complaints forwarded to the Assistant Director of HR arising from incidences from the operations and among the employees. In the quest to finding solutions as to how the arising issues can be resolved, below is an analysis of the various allegations and the guidance that can be applied.
Allegation 1
According to Jane Doe, who is the complainant, Roger Jones who happens to be the Line Supervisor to both lower management employees and a direct supervisor to the assembly line, frequently visits her area of work with his friend Albert Terry only to sexually stare at Jane’s friend Dorothea. From her descriptions, Dorothea is a curvaceous woman who is close to twenty years younger than Jane Doe. In support of her allegations, Jane pronounced that at one time, the two men ones nodded at each other as a sign of ‘enjoying’ their view of Dorothea’s chest. Moreover, Jane Doe confirms that the Roger had remarked that he had found the company’s new Quality Inspector and later added, ‘I love my job.’ Jane confirms that the statements made her sick to the stomach. While nothing had been done, Jane claims that she had informed Susan of the issue before her death but did not confirm the dates and the specific contents of the conversation they had. Furthermore, Jane is not in a position to present any form of proof that she had conversed with Susan concerning the issue.
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Sexual harassment in the workplace is prohibited by the law under Title VII of the Civil Rights Act of 1964. Under the act, employees are protected from any discrimination based on their race, sex, origin or religion. The law applies to firms that have more than fifteen staff members. Hence Winter Widget Corporation qualifies. Jane Doe’s allegations are valid but lack evidence. Moreover, according to the relationship that exists between her and the supervisor, unresolved personal issues are evident. Considering that the area of Jane Doe’s workspace was one of the noisiest in the company and wearing ear protectors was necessary although it was not mandated, it is hard to confirm that Jane was able to hear the conversation between Roger and Albert. On the other hand, her records show that she was an African American who was 62 years old, raising the issue of whether she was able to work without ear protectors due to her age. The reason as to why I feel there are underlying personal issues between Roger and Jane is the fact that, Jane had been working for the Corporation for twenty-three years whereas Roger has only been there for nine years. Despite the years of experience and a good evaluation of her work, she has never been promoted whereas Roger a younger white male was promoted only after five years of working. Besides, if the environment dictated wearing of ear protectors, it was evident that for two to talk they had to raise their voices and hence there would be a possibility for someone else besides Jane who would have heard the conversation between the two friends. On the other hand, Jane’s report indicates that she has been receiving outstanding evaluations in her career until the time Roger become a supervisor. I assume that the conflict between Jane and Roger is based on the fact that a promotion was given to an individual who had only worked for the company less than a decade while her efforts in her career were not considered.
As highlighted in FindLaw (2017), sexual harassment can range from inappropriate talks, touch, and glances which can interfere with the performance or intimidate another individual. Jane Doe’s allegations are not substantial since she lacks information that can be used as proof. On the other hand, while Dorothea confirms a former love affair between her and Roger, she affirms that she never heard any of the utterances claimed by Jane because she always puts on her ear protectors. The frequency of Roger in the assembly line is not an issue since he is the supervisor and has to play his roles the best way he knows how in-line with the job requirements. In the matter, Dorothea was the subject, but if she did not feel sexually violated despite the creeps she when around Roger, there is no case to answer. The company must highlight the issues sexual harassment in detail as by the law and apply them to strict measures.
Allegation 2
The second accusation is also forwarded by Jane Doe complaining of denial of opportunity to advance despite the fact that she has a vast experience. Besides, Jane asserts that her counterparts who are much younger, with less experience and white like Roger, have been promoted before her. Jane feels that she has had a difficult time at the workplace and her performance was tampered with since Roger became her supervisor. Moreover, Jane complains of the Quotas imposed by Roger, her supervisor which she claims that they are a hindrance to excellent performance in the workplace due to lack of safety. For instance, Jane argues that the supervisor has increased the pace of widget production which might be a reason for someone to lose their finger due to the speed. On the other hand, Jane exclaimed that the supervisor had discouraged employees from requesting ear protection devices since they are too costly. The complaint was presented to the Director of Human Resource – Susan Adams, but because of her illness, she did not handle the issue on time. Jane affirms that most of the ideas that Roger was credited for implementing were initially hers. She supported her claims by providing proof from the submissions in the ‘suggestion box.’ The constant negative evaluations received from Roger ware because the Director had started an investigation on the issue which made the supervisor feel like Jane was jeopardizing his work and the relationship with the company.
According to the Occupational Safety and Health Act (OSH Act), it is the responsibility of the employer to ensure that the working environment is safe from any harm that might cause injuries or illnesses to the employees. As observed earlier, Winter Widget Corporation was aware of the noise in the assembly line hence ensured that all the employees in that sector had protective gear devices. While it was not mandatory to wear the ear protectors, they were readily allocated to all the staff members in that unit. Denial of such devices with the awareness of the risks is unethical. As a supervisor, Roger was responsible for ensuring that the costs of the tools required were met whether they were expensive or not. Moreover, the quotas in production imposed should match the care provided to the staff members. While so much is expected from them, the company must ensure that their well-being is met.
The issue of fast production of the widget and increased speed that Jane complains about could be the point of her age. Besides her, no other employee had complained about it. It is also advisable for companies to consider the capabilities of every employee. Moreover, reports show that Jane Doe has been delivering exemplary services to the company which earned her excellent evaluation throughout the years. In consideration of her age, it is also fair that the corporation assigns to Jane Doe duties that she can handle with ease and impact. As mentioned earlier, there could be underlying personal issues between Jane and Roger which catalyzes the conflicts between them. For instance, Jane complains of the praises the company’s President gives to Roger. She affirms that the President’s statements were an indication that the old staff members had no place in the business. She feels that it is her age that denied her the chance to be promoted. Besides age, Jane’s argument was also focused on the issue of gender and race. According to the records, she had presented her complaints to the Director of Human Resource, and the problem was under investigation. Consequently, it was found that the demographics of the employees in the company had a lot of disparity. For instance, in the management of the corporation, there is only one African American. The personnel who are over the age of forty years are thirteen in number whereby five of them are women. Moreover, reports show that the promotion of employees is governed by a contractual seniority and promotion clause.
Equal opportunity and fairness in the workplace are essential in ensuring that employees deliver their services to their level best. On the other hand, motivation through benefits and promotions encourages good performance among employees. While the consideration of age is vital in allocating promotion, the most critical aspect that can be looked into is the quality of service delivered by the employee (Stony Brook University, 1979) . On the other hand, the evaluation reports must be used in identifying the individual qualified for a promotion. Discrimination in the workplace due to racial differences and gender hinders the company’s ability to make use of the diversity that directly boosts sales and production. Moreover, the involvement of various individuals from different backgrounds encourages innovative ideas that catalyze the growth of the company in all ways. Jane Doe has been with the firm for more than two decades. Her contributions to the company are evaluated, and throughout the years she was accorded with credits. The trend stopped when Roger came in as a supervisor in her unit. Recognition of an individual’s functional work not only encourages them to do a great job but ensures the company exercises fairness. Roger came to the company years after Jane had been already working there, but chances are high she was never promoted because of her gender, race, and age. With all those factors combined, it is hard to identify the standards of the company in their selection and promotion process for their employees. The reports found in Susan Adams’ records concerning the complains in which Jane Doe had forwarded reliable sources that can be used in the investigation.
Allegation 3
The law prohibits discrimination or oppression in the place of work about race, religion or gender. In consideration of Dorothea’s faith, she had been denied time for leave to participate in the World Pantheist Movement that was taking place in California for one week. According to her supervisor who was once Dorothea’s boyfriend, he did not find it relevant for her to take leave during the peak months. He finds it unreasonable to attend a one week conference that would be held in a far state yet she could attend the one that was set in a town that is a three-hour drive from where she stayed. Dorothy affirms that throughout the years she has been granted leave to attend the conference that entailed her religious beliefs of Naturalistic Pantheism. Hence it was not a new thing. Her EEOC complaint alleged that her religious beliefs and rights were violated. The supervisor, Roger Jones, on the other hand, argued that the leaves applied in November and December interfered with the high peak productions of the year since it is in these months that widgets are made in plenty (U.S Equal Employment Opportunity Commission, n.d).
While Roger Jone’s argument may be valid, the application of an early leave by Dorothea to the family is also acceptable. It is clear that Dorothea has been taking part in the events of her religion for so many years while working at the Winter Widget Corporation. It is also important to consider the past romantic relationship that existed between Roger and Dorothea. As highlighted by Dorothea, during their time together, Roger always made fun and mockery of her concerning the religious beliefs she had. It is a high contributor of their breakup since he also made fun of Dorothea at the workplace using the items they were producing. The chances are high that the supervisor finds no reason to give Dorothea a week of leave to participate in a conference that he has no belief in. On the other hand, he may be using his authority to make Dorothea’s time at work a living hell because they are no longer involved romantically.
The issue of the company offering leaves to their employees is a requirement. The applications are made early to ensure that the time picked by different staff members do not in any way tamper with the plans that the company has. Furthermore, early applications of the leave prepare the company and give them time to plan accordingly. It is Dorothea’s rights to pick when she wants her to leave whether it suits the company or not. From there, the company or the individuals in management can negotiate with the staff on ways they can collaborate so as each may gain. A disapproval of leave because of the difference in religion is unacceptable. If it does not interfere with the company’s affairs or violate the rights of other staffs, then there is no reason to deny someone the chance of having a leave.
Allegation 4
Joan Smith as the Assistant Director of Human Resource is obligated to respond to the orders allocated by her seniors and most especially the owner of the company. The settled terms of Collective Bargaining Agreement (CBA) were under contention with the negotiations between the company and the union. Albert Terry an African American and a close friend of Roger Jones was in his forties and had spent twenty years working in the company. His responsibilities in the company included serving as a Quality Control Inspector and a shop steward for Local 60 where he was assisting union employees with contract grievances and management relations. During the negotiations for a successor contract, Joan Smith affirms that Albert Terry offered an interview to a local paper where he referred to the management of the Winter Widget Co. as ‘blood sucking vipers preying on the working man.’ On the other hand, he vowed to ‘fight until his dying breath against the inequalities of the system that was created by the soulless profiteers.’
The Human Resource assistant has been summoned to fire Albert Terry because of his remarks towards the management and in a local public paper. Joan’s inquiries to Albert concerning Jane Doe’s complains, was received with total denial and assertion that he was being framed on the responsibilities he had in the union. He threatened to take the labor practice to the National Labor Relations Board (NLRB, n.d).
While it is the right of the employees to speak out on the issues they are facing in their workplace, it is irresponsible to do so using media houses without following the right channels like taking the matter to the concerned institutes. The insults that Albert addressed towards the management were unethical since it also exposed his nature and character as an employee. Being an assistant to the employees who had issues with the union and the administration, he had a right to collaborate with the NLRB that protects all the rights of the employees whether or not they are in a union to ensure that the working conditions and wages are allocated as the law dictates. Therefore, the company has a right to fire Albert Terry. He has not only proved to be malicious despite the fact that his remarks could have had some truth; he also indicated that his fellow staff members never mattered to him. He is denying being aware of Jane Doe’s complains was a lie since he was in charge of the company’s union affairs.
For purposes of dealing with the underlying issues since there were many complaints, Jane Doe should take charge in investigating all allegations with scrutiny. To come up with proper solutions, it is important the company’s rules be used during the process. While employees have the right to safety, benefits, and freedom of speech, ethics in the workplace is mandatory. It is essential to put in considerations all the views of both sides which will help in deliberating fair judgment. The issue of Jane Doe can be a case of lack of appreciation towards her efforts in the company that contributes to her bitters. Proper mechanisms should be used to make sure that rewards are allocated equally in reliance to the staff’s efforts and contribution without looking at their race, age, gender or religious beliefs. Consistency is essential in approving a promotion to all the work members.
Conclusion
Conflicts are inevitable in a workplace or institute that has a significant number of individuals. As a result, it is crucial for the management to put in place guidelines and rules of what is expected from every personnel. Besides, maintaining order and ethical practice, it will be easy for the company to handle various arising issues. The guidelines will ensure that proper measures are put in place to facilitate collaboration between the management and the staff members and that decision are reasonably implemented. Records of vital information and data that might be required as proof, should be put in place to ease the process of formulating solutions for the existing conflicts in the firm. It is the responsibility of the management to outline implemented laws that suit the measures put in place for the company and its staff for proper working.
References
FindLaw. (2017). Sexual Harassment at Work . Retrieved November 1, 2017, from FindLaw: http://employment.findlaw.com/employment-discrimination/sexual-harassment-at-work.html
National Labor Relations Board. (n.d.). National Labor Relations Act . Retrieved October 31, 2017, from NLRB: https://www.nlrb.gov/resources/national-labor-relations-act
Stony Brook University. (1979). P105: Equal Opportunity/Affirmative Action . Retrieved November 1, 2017, from Stony Brook University: http://www.stonybrook.edu/policy/policies.shtml?ID=105
U.S Equal Employment Opportunity Commission. (n.d.). Title VII of the Civil Rights Act of 1964 . Retrieved November 1, 2017, from U.S Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/statutes/titlevii.cfm