MGMT 402 IP2
MGMT 402 IP2
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Date Created: 11/09/15
UNION ISSUES Union Issues Juanna Stafford American InterContinental University MGMT 402 Individual Project 2 UNION ISSUES Abstract Recently an employee of 1995 Auto Corp filed a complaint with the Equal Employment Opportunity Commission (EEOC). Based on the information provided, I will be conducting an investigation against the 1995 Auto Corp in order to determine the severity of the allegations. In preparation for this investigation, I will research and discuss several points addressed in the union issues. UNION ISSUES Union Issues The Equal Employment Opportunity Commission (EEOC) was established in order to protect the rights of the employees in the workplace. Currently the EEOC has a large number of ongoing lawsuits and settlements of lawsuits. When certain allegations are made in regards to how an employee is mistreated in the workplace, it’s the responsibility of the Equal Employment Opportunity Commission (EEOC) to investigate the claim and learn more about the complaints made. Also it’s important to know all the parties involved and find out exactly what they know. Also, one must determine the type of investigation that needs to be completed if any and what disciplinary actions will be taken. Harassment comes in many different forms. The most common form of harassment is sexual harassment. It’s against the law to harass a person because of their gender. The victim and the harasser can be either male or female and they can be either the same sex or opposites (Department of Equal Employment Opportunity Commission). Sexual harassment is sexual advances and requests for sexual favors. It also involves verbal or physical harassments that are of sexual nature. In some cases the accused individual in a sexual harassment case don’t realize that he or she has actually committed a crime. That’s why it’s important to remain professional in a professional work environment in order to make sure that allegations of sexual harassment aren’t made. The type of investigation charge solely depends on the facts of the allegations. It also depends on the information that is gathered. When the first claim was 1995 Auto Corp should UNION ISSUES have conducted an interview with the victim and harasser in order to gather information and various other documents also known as a “factfinding investigation”. If the allege harasser admits to the wrong doing, and then they can move forward with determining the proper corrective action. However, if they deny it then they should continue with their initial investigation. They also should interview any witnesses to the allegation and request any document from them via mail. Once all the information was received, they should conduct mediation between the two parties. Pending the results of that mediation, they will need to determine if a voluntary settlement which will resolve the disagreement. In order for 1995 Auto Corp to have a strong defense against the charge is by proving that the allege victim was surpassed the antidiscrimination timeline. According to the EEOC, the allege victim has 180 calendar days from the day the discrimination took place to file a charge. Depending on the state or local law enforcement, that 180 calendar days can be extended to 300 calendar days. The time limit won’t be extended if the allege victim attempts to resolve the issue through internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC (Department of Equal Employment Opportunity Commission). If the EEOC investigation finds the charge to be factual with employer knowledge of the events, then 1995 Auto Corp could possibly face a lawsuit in Federal Court. During the charge handling process, once the investigation is complete by the EEOC, a determination on the merit of the charge will be made. If it’s been determined by the EEOC that there was no discrimination, then the charging party will receive a Dismissal and Notice of Rights with gives them the right to file a lawsuit within 90 days. Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge. UNION ISSUES However, if evidence shows that there was some discrimination then both parties will receive a Letter of Determination which states that there was some evidence of discrimination. At this point either party can seek to resolve the issue through the conciliation process. If this process doesn’t work, then the EEOC can enforce violations of its statues which include filing lawsuits in federal court. The charging party will receive a notice of Right to Sue and can file a federal court lawsuit in 90 days (Department of Equal Employment Opportunity Commission). In this case where a supervisor is suspected to be at fault, and the 2 female employees did report the actions, 1995 Auto Corp. is liable. According to the EEOC Title 13IV HARASSMENT B. “An employer is liable for unlawful national origin harassment by coworkers or nonemployees if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action”. It’s imperative that either way the results of the investigation goes, 1995 Auto Corp will need to take further precautions to ensure that a situation like this doesn’t occur. Immediately they will need to stop any discriminatory practices. They also will need to develop an antiharassment policy which explain what harassment is, and inform all employees that there will be no toleration for this type of behavior. If an incident should occur, employees will know how to deal with the situation. Besides employees, the managers will need to be made aware of the policy in order to provide a safe work environment. They will need to have training for both the managers and employees to help them understand the policy and what can be deemed as sexual harassment—jokes, posters, emails, photos. Also they must engage in an employee commitment to do the following: UNION ISSUES Understand the organization’s policy on sexual harassment. Observe and be aware of potential sexualharassment behaviors in the workplace. Confront the sexual harasser and let them know that their behavior offensive. Resolve the issue by developing a resolution strategy. Support someone who is being harassed and encourage them to take immediate action to resolve the issue. UNION ISSUES References (1) Sexual Harassment. (n.d.). Retrieved from Department of Equal Employment Opportunity Commission website: http://www.eeoc.gov/laws/types/sexual_harassment.cfm (2) Prevention of Sexual Harassment [Lecture notes]. (n.d.). Retrieved from Stop Violence Against Women Sexual Harassment website: http://www1.umn.edu/humanrts/svaw/harassment/explore/5prevention.htm (3) SECTION 13: NATIONAL ORIGIN DISCRIMINATION(1) [Lecture notes]. (2002, December 2). Retrieved from The U.S. Equal Employment Opportunity Commission website: http://www.eeoc.gov/policy/docs/ nationalorigin.html#N_39_ An employer is liable for unlawful national origin harassment by coworkers or non employees if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
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