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CASE STUDY ANALYSIS 2
Introduction
with the responsibility of enforcing laws that protect against any form of discrimination arising
and existing within the workplace. The various forms of discrimination that this body acts
against include various forms of employment prejudices including race, religion, gender, origin
disability, color, and age among other forms of deliberate and non- deliberate partialities (U.S
EEOC, 2019). The commission is also tasked with intervening against any form of disorderliness
arising between the employer and their employee by filing on their behalf discrimination charges
with the labor court, and instituting a team of inquiry to investigate against the alleged incidences
of workplace discriminations. They as well participate in the capacity of the defense counsel in
Essentially, the commission is mandated to assure higher level of integrity and accuracy
during investigations to establish the correctness of the alleged discrimination. After which, they
should properly sort for the orderliness of their lawsuit. Relatively, the EEOC also prescribe
programs for the prevention against workplace discriminations as a proactive strategy for
assistance, awareness programs, and education (Elley, 2015). Therefore, this assignment will
focus on discussing five of the latest lawsuits that have ensued between the employer companies
and the EEOC regarding an employment law to be selected. Essentially, the thesis will focus on
the facts, the outcome, and manner of settlement for the outlined five cases. Relatively, the thesis
will remedy some of the HR practices pivotal in alleviating such cases being reported to EEOC,
and issue a best-practice strategy that could have been applicable in similar cases.
A specific employment law for focus by the thesis will be the Civil Right Act 1964 that
discrimination as an employment law that safeguard against workplace misconducts that include
unfair dismissal, promotion, and demotion of an employees that are based on some kind of
prejudice that would otherwise suggest unfair treatment. These forms of prejudice under the
discrimination law include age, sex, disability, religion, ethnicity, color, and race. As such, both
the federal and state laws that prohibit against discrimination with the EEOC set to supervise and
Case 1 of 5
Facts: The Farmers Insurance implicated in the lawsuit was compelled to pay EEOC a
sum of $225,000 for claims against race biases. The firm was found to have discriminately fired
two of its Southeast Asian-American staff of Hmong ethnicity, and went ahead to fire another
Caucasian staff for having testified in the case. The Fresno, California based employer company
was found culpable for the violation of the federal law on discrimination after dismissing staffs
for racial reasons and for retaliation and for complying with the EEOC during the investigations
The quality HR practice for prevention: first and foremost the HR should never ignore
the charge because it forms the basis for EEOC investigations/ inquiry. At this stage the HR
should be ready with all the paperwork and submit their statement of position/ side of the story
for reasons of firing the staff and ensure to respond to request on information by submitting all
the necessary files for the claim. The HR should have also guarded against any possible
retaliation by reminding the retaliating Caucasian staff of the consequences of such actions and
instituting an anti-retaliation policy. Besides keeping the details of the dismissal confidential the
CASE STUDY ANALYSIS 4
HR should also proceed to notify their insurer of the discrimination claim to avoid any ‘denial of
coverage’ insinuations that would amount in additional lawsuit amount (Elley, 2015).
Best Practices: Some of the best practices include training on EEO laws to ensure that
the organization achieves a resilient EEO policy that is equally supported by the top level
management. Such would not only ensure that top level management enforce such laws but also
assume accountability for their implementation and outcomes (U.S EEOC, 2019). Also, the HR
should review recruitment, hiring, and promotion criteria to ensure that EEO principle remains a
top priority when fulfilling the three requirements. Relatively, the implementation of recruitment,
hiring, and promotional practice aimed at achieving a diversified pool of potential candidate to
choose from during an employment opening is pivotal. Realizing self-analyses for EEO
compliance is again important to determine its biases to people of color and overcome
discrimination. Another best practice is to ensure that the criteria for achieving selection are not
Case 2 of 5
Facts: this was another case of discriminatory gender hiring malpractices that implicated
a privately held employment staffing agency, ILM (Industrial Labor Management Group Inc.) in
Nashville, Tennessee. In the case the District Court gave orders for back pay to be made in the
form of punitive and compensatory damages to EEOC, and offered an injunction against similar
discrimination in future. In the case, the firm was accused of declining to refer/ place a female to
a job that she was equally qualified owing to her sex. The event took place when the plaintiff
after responding to the job ad her application was turned down and instead the job given to a less
qualified male. The employer further claimed that as a requirement to hold the position one was
The HR quality practices for prevention: as first step for the HR department they
should commence the investigation by self to determine the validity of claim on gender-based
hiring practice. Also, the HR should have achieved appropriate remedial strategies to address the
issue. For instance, serving to the EEOC promptly all information and responses needed for
probing regardless of whether the charges are of merit or not (Elley, 2015). The HR should also
offer the investigators maximum corporation to alleviate any doubt of collusion in gender-based
workplace discrimination. The HR should also ensure to work with the EEOC to ensure that the
avoiding the wrath of EEOC it is vital that HR aim to establish a friendly atmosphere that
encourages for reporting of complaints. This will ensure that the distressed/ dissatisfied staff first
interventions mechanism should be achieved. This will ensure that a pragmatic approach is used
to ensure that the desirable attributes are attached to particular jobs performances, and
exemptions are clarified on characteristics that will unlikely be expected for the job, e.g., height,
sex, and even pregnancy (U.S EEOC, 2019). Also, equity can be achieved where the
organization focus on merit and not gender-based as it is likely to stir social conflict and struggle
for resources. Again, educating the public, as well as implementing of legislation against gender
biases should be achieved. Likewise an affirmative action should be taken to discourage against
Case 3 of 5
practice that took place in Spartanburg in the city of South Carolina. In the buildup to the case
CASE STUDY ANALYSIS 6
EEOC presented a case against the Delaware Trucking Company for breaching a federal law
where a female employee, Jessica Williams who served as a billing clerk was suggestively being
pushed out of her job due to her being pregnant. Besides, her effort to explain the situation was
thwarted by the management compelling her to file a pregnancy discriminate charge with the
South Carolina US District Court. Raising such complaints further sparked retaliation from the
management. In the outcome of the case the firm was compelled to pay $27,000 to EEOC for the
The HR quality practices for prevention: in the event that the employer organization is
faced with pregnancy and gender-based employment discrimination/ allegation then the
following can be achieved as a quick remedial action by the HR department. The HR may rush to
seek for mediation which is an efficient strategy the firm can opt for in resolving likely
employment dispute and striking an agreement (Elley, 2015). The significance of this process is
that it is free and parties wish to join do not incur any cost. Relatively, the mediation process
help realize a fair and neutral hearing and settlement of cases, as well as instill confidentiality of
agreement. Again, using mediation will allow the HR to design a tailored solution to similar
problems at the workplace and ensure a win-win position for compromising parties (U.S EEOC,
2019).
Best practice: The best practice to be implemented by the firm in this case is to begin by
managing the diversity at the workplace. Such implementations will go a long way in
transforming the attitude of the employees to conform to the workplace policies. Relatively, the
organization should adopt some set of philosophies to ensure that all staffs individualistic needs
are catered for and they are treated with great respect and fairness (U.S EEOC, 2019). The
employer should also come up with best practices that resonate with EEO values and following
CASE STUDY ANALYSIS 7
them to the latter in achieving HR decisions. Furthermore, such practices will leverage employee
onboarding practices and encourage training. Equally, the employer should initiate open and
transparent conflict resolution strategies, along with designating responsible members of the staff
to help oversee and address EEO challenges for the organization and set the pace for sustainable
Case 4 of 5
Facts: This case involved the moving and storage firm, Mesa system Inc. versus the
EEOC presided by the US District Court in Utah. In the case the accused was compelled by the
court to compensate the plaintiff $450,000 and further issue other necessary relief to the
vulnerable Hispanic workers who was exposed to workplace slurs, name calling, and stereotypes
because of their nationality. This is by far the largest compensation ever made for this particular
The HR quality practices for prevention: According to Elley (2015), mediation provide
means of detecting and resolving workplace issues, better communication strategies, foster
corporation and reduces chances of litigations. Relatively, the HR can sort for settlement where
they get in touch with the investigator and agree on off-the-court settlement for the charge. Such
will eliminate unnecessary litigations and encourage for voluntary settlement. Relatively, the HR
can sort for conciliation; which is also a voluntary method for settling charge where the parties
involved may make a counter offer for settlement further eradicating the tedious cost
Best practice: the employer should try to institute some promising practices aimed at
alleviating risk for workplace violations. These can be achieved by coming up with a
CASE STUDY ANALYSIS 8
comprehensive guideline for enforcing the national origin for discrimination practices, e.g.,
having English as the only language. The guidelines should be reflective of the law and accounts
for the outcome of the previous cases, as well as for the socio-cultural, as well as legal, and
technological needs of the workplace as stipulated under the Title VII of the Civil Right Act
Case 5 of 5
Fact: this case involved EEOC versus electric utility firm in Atlanta, Georgia. The case
was presided over by the US District Court in the Northern District of Georgia. In the case the
firm was sued for disability related discriminations in which it was compelled to pay over $1.5
million as compensation. The charge ensued after the court found the company culpable for the
breach of federal law after declining to hire an applicant, while dismissing other members of the
The HR quality practices for prevention: a quality strategy that the HR may deploy in
preventing against the escalation of similar disability discrimination from reaching the EEOC is
and helping to address the issue promptly before it get out of hands. Relatively, the HR must be
ready to comply with the EEOC directive for retrieval of any document and evidences that may
form the basis of inquiry. Relatively, the organization must make efforts to have in place
infrastructures and even medical facilities within their premises to demonstrate their genuine
support for the needs of the disabled at the workplace (Elley, 2015).
Best practice: some of the best practice in this case is to engage them in a discussion
regarding their career expectation, as well as evaluating their interest, skills, goals, and talents
CASE STUDY ANALYSIS 9
while at the workplace. Comparatively, putting them through mentorship programs, and
emphasizing to them their responsibility will go a long way towards developing this staffs (Elley,
2015).
CASE STUDY ANALYSIS 10
References
Elley, T. A. (2015). Walking a fine line between EEOC and corporate social responsibility: An
ethical model for hr professionals when using social networking websites to screen job
https://www.eeoc.gov/eeoc/newsroom/index.cfm