Professional Documents
Culture Documents
Employment Law: Religious Discrimination and Racial Harassment: What Ever Happened To Marshawn Demur?
Employment Law: Religious Discrimination and Racial Harassment: What Ever Happened To Marshawn Demur?
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09-0093
Case Introduction
The diversity of the domestic and global workforce is increasing due to the growing
number of immigrants and the expansion of global operations. The management of
religious differences and the interface of varying religious beliefs and management
practices are profound concerns for many organizations and human resource
professionals. Religious communities may be quite different in beliefs and practices,
and this can influence employee interaction with formal and informal work practices
and social norms. Additionally, response to religious differences can sometimes be
intertwined with racial biases and attitude predispositions. This case will depict
a particular organizational situation involving an employee’s religious beliefs and
the resulting allegations of racial harassment and religious discrimination. (Note:
The people and facts in this case are fictitious and do not represent any known party,
organization, religion or situation.)
Organizational Profile
Treton Communications, Inc. is a public giant in the telecommunications industry.
Headquartered in Eastern Michigan, Treton offers a range of wireless and wireline
communications services to consumers, businesses and government users. In
addition to its headquarters campus, Treton has call centers and regional operations
throughout the United States. The company’s gross revenue was $20 billion in 2007,
with 30,000 employees worldwide. Two years ago, Treton expanded its operations
with the opening of its Midwest facility and plans to add two more facilities in
Southern and Northwestern locations in the United States. These new facilities offer
many Treton employees exciting opportunities for advancement.
Employee Relations
Treton takes pride in its non-union status and strives to develop policy and
implement programs that demonstrate its strong company culture of employee
development and empowerment, procedural and operational integrity, and ethical
decision-making. To sustain its culture and values, Treton has policies, procedures
and guidelines that articulate its expectations of employee and employer behaviors.
Promoting and facilitating workforce diversity is a guiding principle for Treton. The
organization has written policies and directives regarding workforce diversity, equal
employment opportunity/nondiscrimination and workplace harassment.
MarShawn DeMur
Employee filing the complaint
(a.k.a. Maalick)
Clive Jenkins Midwest facilities director and MarShawn’s supervisor
Midwest facility human resources director, EEO and
Marta Ford
diversity compliance officer
Judith Dixon Corporate vice president for EEO and diversity
The Situation
MarShawn DeMur has worked for Treton for six years. He started as a management
intern working summers while attending college. After graduation, he was hired as a
customer service supervisor overseeing three technicians in one of the large customer
service centers in Detroit, Michigan.
The day after the interview, Jenkins invited DeMur to attend his church to meet new
people and get acquainted with others in the city. He was told that several facility
employees were church members. Jenkins invited DeMur to his home for a casual
dinner after church services. Most of the dinner guests were church members, with
a few other community people in the mix. It was a pleasant affair where DeMur
exchanged contact information with several people and received pledges from others
to look out for him if he relocated. DeMur thought the new job would be a good
career change, especially with such a supportive group of people. He was offered the
position, accepted the job and moved to Kansas.
DeMur started his new position with enthusiasm. He interacted well with co-
workers and subordinates and demonstrated high technical competence in his work.
Jenkins often complimented Demur on his ideas and work ethic. His first annual
performance appraisal was superior in all areas. DeMur liked his job and saw great
potential for advancement in the company.
Before he had accepted his new job and moved to Kansas, DeMur decided to
become a member of the Church of International Spirituality. The existence of a
small African-American congregation of Internationalists in Chenworth, Kansas,
influenced DeMur’s decision to take the promotion and relocate. Although the
Internationalist congregation in Chenworth was comprised of only 80 people,
A few days before DeMur was to leave for his vacation, several employees approached
him and asked about his “so-called” religion. They told DeMur that the members
of his new congregation were considered strange by others in the city. Many
called them voodooists and partakers of witchcraft and sorcery. DeMur countered
these remarks by providing more correct information about the Internationalist
religion. He wondered about the source of his co-worker’s perceptions. Despite this,
DeMur left to attend his week-long confirmation ceremony excited about meeting
other Internationalists.
When he entered his department the next day, he noticed strange looks from his
co-workers. As he greeted them, they simply nodded their heads, laughed and
immediately walked away. When he entered his office, Maalick found it decorated
with dolls with pins sticking out of various body parts, witch hats and containers of
incense. On the wall behind his desk was a picture of Africa decorated with strange
letterings and symbols. Maalick was astonished and immediately called Jenkins and
Over the next several months, Maalick received a series of notes left on his desk and
car referencing black cats, black magic, requests for palm readings and notices about
the disappearance of MarShawn DeMur. Not wanting to cause any problems or be
labeled as a troublemaker, Maalick ignored these incidents, thinking that people
would tire of the pranks and things would die down. However, on one occasion,
he found on his desk several sheets of what appeared to be chants with a title at
the top that read “Prayers for Black Folk.” Next to the pages was a book titled
Mystical Practices from the Negro Experience. Maalick immediately took the materials
to the HR department and met with Ford. Ford told Maalick, “I have been out
of the office a lot helping with the staffing of the new Northwestern facility and
had no idea you were having these kinds of problems. Do you have any idea who is
responsible for these actions?”
“This is not the type of behavior that is condoned at Treton. Don’t worry, I will
handle this immediately. I am so sorry about all of this,” said Ford.
After Maalick left her office, Ford called a meeting of all department heads and
informed them of the situation. Ford immediately sent an e-mail to all facility
employees, reminding them of Treton’s policies regarding discrimination and
harassment and the penalties associated with such actions. By the end of the day, all
department heads met with their employees with specific warnings and orders for the
behaviors to cease and desist. The days following were a bit tense in the office but
calm. Maalick was relieved to not find any more notes or messages.
Ford visited with Maalick on several occasions to ensure that he was not continuing
to experience any problems. Maalick was happy to report that, in his opinion, all
was well. On Ford’s last visit, Maalick took the opportunity to ask about two new
systems manager openings. Promotion to a systems manager position would assist
Maalick’s career goals for advancement with Treton. Ford sent Maalick the position
description and encouraged him to apply. After reviewing the systems manager job
requirements, Maalick believed that he had more than a good chance at a promotion.
He spoke with Jenkins about the job duties and requirements and expressed his
interest in the position. Maalick was informed that at that time, only one of the
vacancies would be filled. The second vacancy would be filled within the next six
months. These positions also reported to Jenkins.
Maalick applied for the position and was interviewed by Jenkins. The job was given
to an outside candidate, Charles Bartlett. Maalick later discovered that Bartlett
EEO/Anti-Discrimination
Treton Communications, Inc. is an Equal Employment Opportunity employer.
Policies of the company prohibit discrimination against an applicant or employee on
the basis of race, color, religion, sex/gender (including pregnancy), national origin,
age, disability, marital status or veteran status. The company will conform to the
spirit as well as the letter of all applicable laws and regulations.
Diversity
Employees at Treton Communications, Inc. are critical to creating and sustaining
the organization’s competitive advantage. Diversity and inclusion are top priorities,
and the company strives to maximize the benefits derived from the incorporation
of diverse perspectives. It is Treton’s position that a diverse workforce contributes
to our strengths as a world-class provider of telecommunication services and
enhances our ability to anticipate and satisfy the needs of our customers and clients.
We leverage the benefits of diversity through our employee policies and practices,
community investment and outreach.
Harassment
Harassment is a form of employment discrimination that violates one or more of
the following: Title VII of the Civil Rights Act of 1964, the Age Discrimination
in Employment Act of 1967 (ADEA) and the Americans with Disabilities Act of
1990 (ADA). Harassment is defined as unwelcome verbal or physical conduct based
on race, color, religion, sex (including same-gender harassment and gender identity
harassment), national origin, age, disability or retaliation. Harassment becomes
unlawful when:
Internal Compliance
Employees at all levels, persons engaged in activities on the premises of Treton or
persons who represent the company in any capacity are required to comply with the
letter and spirit of this policy and all applicable and associated laws and regulations.
Any employee or representative of Treton who believes that he or she:
Violation of Policy
Violations of these policies, regardless of whether an actual law has been violated,
will not be tolerated. The company will investigate every issue that is brought to its
attention as relating to these policies and will take appropriate disciplinary action, up
to and including termination of employment.
Midwest Facility
Director
Operations
Assistant Programmers Accountants Clerks
Supervisors