Preventing Workplace Discrimination

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In the simulation, Oscar Rosenberg and Jessica Farrago were the applicants who had scored the highest in their performance abilities, experience, credentials and work attitude. These two were selected based on their expertise not their gender, race, disability or religious faith. The team consisted of all male employees. In order to turn down an applicant based on their sex, the position would have to have a Bona Fide Occupational Qualification (BFOQ) requirement. Since this was not the case, Jessica and Fatimah could not be denied employment based on their gender. However, the president of the organization, Keith Whitworth expressed concern about whether or not they would fit into the existing all-White, American male team and the Executive Director, Mark Corrigan was concerned that Jessica’s passion regarding feminism and equal rights for African-Americans would make her a poor fit for the team (University of Phoenix, 2016). It is assumed that Jessica was hired for the position despite Keith’s reluctance and she later accused two of her male coworkers of sexual harassment. She also believed that her manager reacted in a retaliatory manner to her claims which caused him to provide her with a negative performance evaluation as a result.

Sexual harassment of intentional or unintentional nature can be venomous to any working environment. Companies need to adopt and enforce an easily discernible written sexual harassment policy that clearly describes what constitutes as sexual harassment and provides reporting procedures for the alleged complainant to follow. No two sexual harassment matters are identical, yet the policy needs to express that sexual harassment of any sort is subject to serious discipline. In regards to Jessica’s complaint, the alleged harassers should be informed that if their behavior did not cease then they would face termination. In addition, a non-biased, third party should be the one to reevaluate Jessica and conduct her performance evaluation.

Title VII Bypasses the Employee-Employer Contract

Federal Law, Title VII may override the employment environment and conditions outlined in an employer-employee contract. All employment contracts in verbal or written form must be formed in compliance with the law. Title VII bypasses any contract that promotes acts of discrimination. In the simulation, Title VII overrode both the employment environment and work conditions. Oscar Rosenberg refused to eat pork at the pork advertising campaign that he was assigned to due to his Judaic faith. Also, there were concerns of whether or not Oscar would be able to meet travel demands due to his disability. His employer must act in a good faith effort to accommodate his religious beliefs by allowing him to work a different campaign and providing handicap accommodations and options such as teleconferences to fulfill the demands of his employment.

Conclusion

When combing cultures, religions, races and nationalities in the workplace animosity and indifference between people is expected. Yet, sometimes these indifferences lead to discrimination of intentional and unintentional sorts. It is important for organizational leaders to arm themselves with the knowledge of the various types of discrimination, their similarities and differences and ways to be prepared to defend themselves against them.

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References

Bennett-Alexander, D. D., & Hartman, L. P. (2015). Employment Law for Business (8th ed). Retrieved from The University of Phoenix eBook Collection database.

University of Phoenix. (2016). Preventing Workplace Discrimination Simulation [Multimedia]. Retrieved from University of Phoenix, MGT434 - Employment Law website.