Running head: CASE STUDY ANALYSIS 1

Equal Employment Opportunity Case Study Analysis

Name

Institution

Date
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Introduction

The equal employment opportunity commission as existing in the US is primarily tasked

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

the court (Elley, 2015).

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

discouraging such employment malpractices. These programs include offering of technical

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.

Summary of the employment law

A specific employment law for focus by the thesis will be the Civil Right Act 1964 that

mainly focuses on workplace discrimination claims. According to Elley, 2015), he defines

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

investigate against the practice (U.S EEOC, 2019).

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

(U.S EEOC, 2019).

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
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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

disproportionate, i.e., it deliberately disregards some racial groups (Elley, 2015).

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

required to be a male (U.S EEOC, 2019).

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

least troublesome method is deployed in retrieving necessary evidences. Relatively, towards

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

report to the department before resorting to EEOC (U.S EEOC, 2019).

Best practice: as a best practice against gender-based employment discrimination policy

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

intentional and unintentional discrimination of the opposite gender (Elley, 2015).

Case 3 of 5

Facts: this is another of the case involving gender-based discriminative employment

practice that took place in Spartanburg in the city of South Carolina. In the buildup to the case
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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

settlement of the claim (U.S EEOC, 2019).

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
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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

HR practices in handling gender based and pregnancy discriminations (Elley, 2015).

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

kind of violation in the county (U.S EEOC, 2019).

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

involvements (Elley, 2015).

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
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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

1964 (Elley, 2015).

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

staff for reasons of disability (U.S EEOC, 2019).

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

by thoroughly conducting investigation to ascertain any claim of such disability discrimination

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
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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).
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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

candidates (Doctoral dissertation, Capella University).

US EEOC. (2019). Newsroom. Retrieved 31 October 2019, from

https://www.eeoc.gov/eeoc/newsroom/index.cfm