Darius D’Amore Essay Sample
- Pages: 8
- Word count: 2,109
- Rewriting Possibility: 99% (excellent)
- Category: discrimination
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Introduction of TOPIC
What are the anti discrimination laws concerning the workplace that apply to this case? On November 21, 1991, Congress enacted the Civil Rights Act of 1991. The 1991 Act amended several of the statutes enforced by EEOC, both substantively and procedurally. Previously, jury trials were possible only in cases brought under the EPA or the ADEA. Under the provisions of the 1991 Act, parties could now obtain jury trials, and recover compensatory and punitive damages in Title VII and ADA lawsuits involving intentional discrimination.
The Act placed statutory caps on the amount of damages that could be awarded for future pecuniary losses, pain and suffering, and punitive damages, based on employer size. The 1991 Act added a new subsection to Title VII, codifying the disparate impact theory of discrimination, essentially putting the law back as it had been prior to Wards Cove. nd in response to Price-Waterhouse, the Act provided that where the plaintiff shows that discrimination was a motivating factor for an employment decision, the employer is liable for injunctive relief, attorney’s fees, and costs (but not individual monetary or affirmative relief) even though it proves it would have made the same decision in the absence of a discriminatory motive.
The Act also provided employment discrimination protection to employees of Congress and some high-level political appointees. Lastly, Title VII and ADA coverage was extended to include American and American-controlled employers operating abroad. In your opinion, do the plaintiffs have a prima facie case for discrimination? A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail.
A plaintiff can establish a prima facie case of race discrimination under Title VII by establishing that he or she belongs to a racial minority; he or she applied and was qualified for a job for which the employer was seeking applicants; he or she was rejected for the position despite his or her qualifications; and the position remained open after his or her rejection and the employer continued to seek applications from other people with similar qualifications to the plaintiff.
All of the plaintiffs were in fact member of minority groups, at least one was eligible for a promotion which they did not receive although others filled the position, and his performance seemed to equal those who in fact received promotions. There are two types of discrimination, intentional and unintentional. Intentional discrimination is when employees are treated unfairly or receive disparate treatment while unintentional discrimination is when employment practices that is not job related results in a disparate impact.
A prima facie case can be made for intentional discrimination if there are restrictive company policies, discriminatory remarks, or by applying the McDonnell-Douglas test. An unintentional discrimination case can be made by applying the four-fifths rule (the hiring rate of new employees for a minority group may not be lower than 80% of the majority group). By employing the four-fifths rule for promotional purposes, it is clear that the other three employees promoted were members of an advantaged group
If this case were allowed to go forward based upon the prima facie evidence and you were the judge, what would your verdict be, and what would be an acceptable remedy to the complaint? In this case it was intentional discrimination, I would find for the plaintiff. Damages in cases of intentional discrimination include compensatory damages and punitive damages. Compensatory damages are awarded for current and future financial losses, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life” while punitive damages could be awarded if the jury perceived there was malice or reckless indifference exhibited by the defendants. The limitations on the totals damages would be $300,000. There was in fact discrimination in the practices of the firm. The plaintiffs should be reimbursed punitive damages and be placed in a position of equivalent authority, responsibility, and compensation as their former co-workers who did receive promotions.
What actions can the firm take in the future to prevent discriminatory actions from occurring again? Most organizations have several standard procedures for registering work-related complaints. The complaint model would require that the manager and human resource manager: 1) listen to the complaint and paraphrase it; 2) have the complainer recommend a solution; 3) schedule time to get all of the facts and/or make a decision; and 4) develop and implement a plan, and follow up.
If the resolution to the complaint was not satisfactory to the complainant then most organizations would have a formal grievance procedure for formally addressing complaints. These procedures usually include: notifying the individuals involved in the grievance, optional mediation, a written grievance, a grievance hearing (hire experts, plan the investigation, interview witnesses, search for evidence, and the hearing), and binding arbitration (selection process of arbitrator, the decision, and handling the cost of proceedings).
What actions should Rogers, Young and Ford have taken in light of the firm’s failure to respond to their discrimination complaints? Prejudice is “the prejudgment of a perso
n or situation based on attitudes” while discrimination is “behavior for or against a person
Most diversity training programs have the following objectives: to understand the changing socio-demographic make up of the workforce; to see the business in the larger context of competing in a global, diverse competitive environment; to show how discriminatory behavior hinders business success; and to show the value of recruit from targeted multicultural markets so that the firm could better reach those targeted markets. Not only must employees receive continuous training on diversity management, there must be internal monitoring systems that would allow employees to safely report, without fear of reprisal, any activities hat they thought were discriminatory in nature. Furthermore, managers must be trained on how to use these procedures. There also must be a compensation system that rewards whistle blowing so that there is incentive for the employees to risk the potential negative consequences that many associate with this activity. Rather than going to court over their dispute with Darius D’Amore, Rogers, Young and Ford would have taken an alternative approach: mediation and arbitration. What are these methods of conflict resolution? How might Rogers, Young and Ford benefit by opting for these methods?
Mediation is a form of alternative dispute resolution, a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. Mediation is relatively inexpensive. Seeing a case through trial is an expensive proposition. Its also relatively simple. There are no complex procedural or evidentiary rules which must be followed.
While most would agree that a general rule of fairness applies, the maximum penalty a party can impose for foul play is to walk away from the mediation and take his chances in court. Mediation allows the parties to revise and adjust the scope of their conflict. In a trial, initial pleadings and rules of procedure limit the issues which a party can raise. In mediation, as circumstances change so can the topics up for discussion. This increased flexibility makes it easier for negotiators to act as problem-solvers instead of adversaries.
Settlements reached in mediation are more agreeable to both parties than court judgments. Because any settlement arrived at through negotiation is necessarily agreed to voluntarily by both parties, obligations under the agreement are more likely to be fulfilled than obligations imposed by a court. Arbitration is an alternative method to resolve conflicts with one or more arbitrators. It is a more agile way than a judicial process and it is common in commercial contracts which include a clause that states that any problems hat may arise between parties in a contract may be solved by arbitration. Advantages of arbitration: The parties can choose who is to be their arbitrator and this means they can choose a person with the particular expertise involved in their dispute. The arbitral process is private and confidential to the parties and the arbitrator. An arbitration may be held anywhere that is convenient, at any suitable time. Arbitration is flexible. Its procedure can be tailored to a particular dispute to make the best use of time whilst still ensuring a proper consideration of the matters in dispute.
Parties are usually free to choose whoever they wish to be their case for them. An arbitrator’s award can be enforced over all other dispute resolution methods (except litigation and arbitration) just like a court judgment, provided it followed from a properly written arbitration agreement. Darius D’Amore publicized an internal recruitment and promotion policy. What are the pros and cons of that policy, and how did it partially attribute to the problems in this case? Before a company decides to recruit internally, it must establish a plan. Who needs to be involved in the process?
It is the job of the HR department to provide guidance for the internal recruitment process, but understanding who else needs to be included is key. HR staff should educate managers and employees on internal recruitment to build awareness. If jobs are available, let them be known! Managers and supervisors must engage their employees and push them to apply for open positions within the company. But everyone has a little bias in them, but do not let this affect your judgment when it comes to internal hiring. Close friends and/or relatives should receive equal consideration to all other applicants.
Hiring or promoting someone who is personally connected to you or others in your department can pose risks. Darius D’Amore’s Code of Conduct clearly outlines the firm’s policies on Equal Opportunity Employment and Harassment as well as the procedures for how to raise concerns. What is the purpose of a Code of Conduct, and why do you think this code failed to protect Rogers, Young and Ford? A code of conduct is intended to be a central guide and reference for users in support of day-to-day decision making. It is meant to clarify an organization’s mission, values and principles, linking them with standards of professional conduct.
As a reference, it can be used to locate relevant documents, services and other resources related to ethics within the organization. A code is an open disclosure of the way an organization operates. It provides visible guidelines for behavior. A code is also a tool to encourage discussions of ethics and to improve how employees/members deal with the ethical dilemmas, prejudices and gray areas that are encountered in everyday work. A code is meant to complement relevant standards, policies and rules, not to substitute for them. A Code of Ethics is important on many levels.
It sets the “tone from the top” of the company’s culture. An effective Code of Ethics establishes the ethical expectations for employees and management alike, and sets forth the mechanisms for enforcement and consequences of noncompliance. When the Code is perceived as an integral component of the organization’s culture, is understood, followed and enforced, it can provide protection for the organization from the actions of a “rogue employee” under the Federal Sentencing Guidelines. I don’t think it was fully understood, followed, and enforced, This is why it failed for Rogers, Young, and Ford.
In this case, Rogers was ultimately fired because of his refusal to cooperate while Young was laid off as a temporary employee. Assume that the firm argued in court that under employment-at-will they had the right to fire both workers. Explain their defense and whether you think it is a viable one. At-will employment is a term used in U. S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish “just cause” for termination), and without warning.
When an employee is acknowledged as being hired “at will”, courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning. In contrast, the practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. I do not think they would have a viable defense, Rogers was qualified for the position and wrongfully done and had a great record.