Wednesday
Aug 25 at 2:38pm
Manage Discussion Entry
The affirmative action plan is used to make sure that where you work are audit to promotion, hiring you and letting you go procedures are to seek the negatives or any type of discrimination and to see if affirmative action is needed. Equal employment and affirmative action are addressed briefly, as is harassment in the workplace and the business necessity defense (Van Alstyne, 2003). This is not a guarantee that they will keep their job or even so much as hired.
- Plan of action
- Internal and External Dissemination policy
- Implementation of the plan
- EEO Policy Statement
- Internal Audit and Reporting system
- Workforce Analysis
All employees must understand that the company stands with the EEO. The company and upper management willalways stay committed to EEO rules and regulations. They will also stand by the protected classes to make sure that they are not discriminated against I any form. By doing this, it sets the standard for the company. The company also make sure they hold meetings with all employees every week on the affirmative action plan.
These rules and regulations will be sent out to all employees and future applicants. There will be one person appointed to make sure that everyone gets these policies. The company must show what classes are not within the company and must be filled. The company will make sure that there is a plan that will fix any type of discrimination within thecompany. This opens opportunity to everyone.
Reference: William W. Van Alstyne,“Affirmativeaction and racial discrimination,” in Foundations of employmentdiscrimination law, 2nd ed. (New York: Foundation Press (Thompson-West), 2003).
Thursday
Aug 26 at 9:10pm
Manage Discussion Entry
Affirmative action programs (AAPs) in work settings are often established to increase the representation of racial and ethnic minorities and women (Little et al., 1998, para. 1). An AAP is designed to require an employer to engage in a process of auditing its hiring, promotion, and firing processes to determine whether there is any indication of potential unlawful discrimination and whether affirmative action is necessary (Horton, 2015, p. 6). An effective affirmative action plan has six basic elements: an equal opportunity policy statement, procedures for internal and external dissemination of the policy, specific allocation of responsibilities for implementation of the plan, a workforce analysis of all job titles, plan of action, and an internal audit & reporting system (Remington et al., 2012, Sec. 3.1, para. 12). Below is a breakdown of each element and its importance.
Sample Affirmative Action Plan
- Equal Employment Opportunity StatementThis is a statement written by the CEO that expresses the commitment from the company to support affirmative action
- Procedures for Internal and External Dissemination of the PolicyIn this step, the company outlines how they intend to communicate the affirmative action policy to its employees, key stakeholders, and external partners.
- Allocation of Responsibilities for Implementation of PlanA “designation of responsibility” that describes who will be responsible for the implementation of the AAP (Horton, 2015, p. 7).
- Workforce AnalysisAn “identification of problem areas” that is essentially documentation of the employer’s analysis of its hiring, firing, promotion, and compensation practices to determine whether there is any indication of unlawful discrimination (Horton, 2015, p. 7).
- Plan of Action“Action-oriented programs” designed to correct any problem areas identified (Horton, 2015, p. 7).
- Internal Audit and Reporting SystemThis records what has been accomplished (Remington et al., 2012, Sec. 3.1, para. 12). Also, it helps to measure the success of the program.
References:
Horton, R. W. (2015). Affirmative Action PLANS—YOUR COMMON Questions Answered. Contract Management, 55(1), 42-49.
Little, B.L., Murry, W.D., & Wimbush, J.C. (1998). Perceptions of Workplace Affirmative Action Plans. Group & Organization Management, 23(1), 27-47. https://doi-org.proxy-library.ashford.edu/10.1177/1059601198231003
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Remington, J., Heiser, R.T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Pearson.
Tuesday
Aug 24 at 10:35am
Manage Discussion Entry
- Is Reese being sexually harassed? Provide a rationale for why her situation does or does not meet the elements of sexual harassment.
In the situation, Reese overhearing her coworkers engaging in a discussion of a sexual nature is considered sexual harassment. Harassment is the unwelcome behavior that makes the work environment uncomfortable to any individual subjected to offensive conduct (Harassment | U.S. Equal Employment Opportunity Commission, n.d.). The conduct can impact anyone present in the area or exposed to unwanted behavior. An aggressor can be anyone affiliated with the organization. Unwanted behavior that negatively affects an individual can occur from employees and or supervisors within or outside a department or any non-employee (Harassment | U.S. Equal Employment Opportunity Commission, n.d.). Distasteful dialogue and jokes that are offensive to another individual are aspects of harassment. “If you are an employee that overhears a lewd or sexually graphic joke or comment, you are a victim of sexual harassment, even if the joke was not directed at you, and you were never intended to hear it” (DeSimone, 2021, para 4).
- What should Reese do about the situation?
Reese should first confront the other employees, ask them to stop, and tell them that their actions or behaviors make her feel uncomfortable. She would need to report the incident to management, preferably in writing to document the situation appropriately. Also, the incident can be reported to the EEOC if the problem continues (Sexual Harassment at Work, 2016).
- How should Reese’s Human Resource Department handle the situation, if at all?
The human resources department needs to take every complaint of harassment seriously. HR will need to thoroughly investigate the accusations of harassment and follow through with a solution to stop the harassment from persisting. The coworkers may be reprimanded by HR or their direct supervisor in the form of a corrective action that informs them that their behavior does not conform with the organization’s policies and will not be tolerated (Sexual Harassment at Work, 2016).
References
DeSimone, J. (2021). 7 Ways Sexual Harassment Can Occur Indirectly | Attorney at Law Magazine. Attorney at Law Magazine. Retrieved from https://attorneyatlawmagazine.com/7-ways-sexual-harassment-can-occur-indirectly
(Links to an external site.)
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Harassment | U.S. Equal Employment Opportunity Commission. Eeoc.gov. Retrieved from https://www.eeoc.gov/harassment
(Links to an external site.)
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Sexual Harassment at Work. Legal Voice. (2016). Retrieved from https://www.legalvoice.org/sexual-harassment-at-work
(Links to an external site.)
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Thursday
Aug 26 at 7:27pm
Manage Discussion Entry
Sexual harassment is a form of gender discrimination, but it is distinguishable in that the conduct involves pressure to provide sexual favors, or the creation of an environment tolerates unwelcome sexual advances or language (Remington et al., 2012, Sec. 2.4, para. 5). In Reese’s case, even though her co-workers are not directly interacting with her, the sexual jokes and behavior make her feel uncomfortable in the workplace. According to the EEOC (n.d.), “the victim does not have to be the person harassed but could be anyone affected by the offensive conduct” (para. 3). For this reason, Reese has in fact been subjected to sexual harassment. Her colleagues’ behavior has created a hostile work environment and is a violation of Title VII. Hostile environment is defined by the EEOC guidelines as an interference with the employee’s work behavior or a creation of an offensive work environment (Remington et al., 2012, Sec. 2.4, para. 25).
To help resolve the issue, Reese should try to explain to her colleagues how their behavior is unwelcome and offensive. Also, she should report the issue to her manager using the company’s existing reporting procedures. According to the EEOC (n.d.), “It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available” (para. 4). Once the HR team has been made aware of the complaint, they should address the issue immediately to ensure the company is protected from any legal implications. According to Remington et al. (2012), “When the employer has knowledge of harassment and fails to do anything about it, the courts have overwhelmingly held the employer liable under Title VI. If courts find a blatant example of inaction, they will allow a negligence action before a jury and permit the jury to award punitive damages” (Sec. 2.4, para. 10).
References:
Remington, J., Heiser, R.T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Pearson.
U.S. Equal Employment Opportunity Commission. (n.d.). Facts About Sexual Harassment. https://www.eeoc.gov/fact-sheet/facts-about-sexual-harassment
