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HR Scenario Case Reviews
Instructions:
It is the morning of December 23rd. One of your company’s supervisors, Ricky Ricardo, has come to see you in Human Resources. He is trying to sort out a few things before he leaves for the Christmas weekend. With some turnover and other workers taking off time for travel during the holidays, his program is understaffed and he is dealing with a host of issues with his remaining employees: Gianna, Fred, Ethel, and Lucy.
Question 1:
When an employee, Rafael, walked into a staff meeting a few minutes late the other day, Gianna commented, “It’s about time. You Cubans always run late… on Cuban time! We should have known better than to wait on you to start.” Rafael was confused; after all, he wasn’t Cuban But he really didn’t like the tone of his voice and how rude Gianna came across. As he was leaving the meeting, Rafael noticed Gianna’s supervisor, Ethel. He mentioned to Ethel that he did not like the way Gianna spoke to him, and shared the statements he had made. Ethel replied that Rafael was being “way too sensitive” about the matter and asked, “Why don’t you man up, huh?!”
What would you recommend in terms of the statements made by Gianna and her supervisor, Ethel?
Issue: Did Gianna’s comments and Ethel’s response to Rafael’s concerns rise to the level of creating a hostile workplace based on race pursuant to the Equal Employment Opportunity Commission’s (EEOC’s) guidelines for Rafael under Title VII of the Civil Rights Act of 1964?
Rule: According to the EEOC, Title VII of the Civil Rights Act of 1964 “protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin” (EEOC law, 2018, p. 1).
Analysis: It is reasonable to posit that, notwithstanding the erroneous nature of Gianna’s comments concerning Rafael’s race as a Cuban, the comments when combined with Ethel’s unresponsive solution were violative of Title VII.
Conclusion: In order to prevent a recurrence of this type of exchange,...
In the event the company failed to act on this problem, Rafael could pursue of cause of action under the provisions of Title VII.
Question 2:
Ricky is worried about one of his supervisors, Fred. Fred has been dealt a lousy hand lately. After they fired one of Fred’s employees, two others abruptly quit. This left Fred with only two employees (but the same level of work to complete). Coincidentally, the company has a really tight operating budget is really tight now. In fact, there is a company-wide hiring freeze at the moment. So, Fred has been doing a lot of the work that his former employees left behind. What used to be a decent work-life balance for Fred has turned into consistent 12-hour work days, with occasional Saturday hours, too. Fred has begun grumbling that he deserves a raise from his lousy salary of $23,000. He says it’s not fair that a supervisor with so much responsibility and work is earning such a low salary, and he is starting to look for a new job. Ricky has told him he would love to pay him a little extra to “take care of him” for putting in all this extra time, but that there’s no money for that right now. Ricky has told Fred to just “hang in there” until things get better.
What would you recommend in terms of Fred's situation?
Issue: Does Fred qualify for overtime pay or compensatory time for all hours worked each week in excess of 40 hours pursuant to the provisions of the Fair Labor Standards Act (FLSA)?
Rule: In order for Fred’s company to exempt him from the relevant provisions of the FLSA for overtime pay or compensatory time off based on hours worked in excess of 40 hours each week, it would need to justify his classification as an executive, administrative professional, or computer or outside sales employee (Fair Labor Standards Act, 2018).
Analysis: Although Fred has the responsibilities of an executive in his capacity as a supervisor who is responsible for five subordinates, his salary of $23,000 per year does not correspond with these responsibilities or workload.
Conclusion: Fred should request a reevaluation of his job description and a…
References
ADA overview. (2018). NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter7-8.html.
EEOC law. (2018). U.S. Equal Employment Opportunity Commission. Retrieved from https://www1. eeoc.gov/employers/upload/eeoc_self_print_poster.pdf.
Fair Labor Standards Act. (2018). U.S. Office of Financial Management. Retrieved from https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa.
(FMLA overview. (2018). U.S. Department of Labor. Retrieved from https://www.dol.gov/ whd/fmla/.
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