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Ensuring Fair Treatment and Legal Compliance: Opening Case: Managing Human Resources at Wal-Mart

The document summarizes key aspects of ensuring fair treatment and legal compliance in the workplace. It discusses: 1) The strategic importance of fairness and legal compliance for businesses to satisfy stakeholders like employees and society. Large discrimination lawsuits like against Walmart show the risks of unfair treatment. 2) What fairness means to employees, including distributive justice (equal outcomes), procedural justice (fair processes), and interactional justice (respectful treatment). Unjust treatment can lead to quitting or legal action. 3) The major federal laws like the Civil Rights Act and Americans with Disabilities Act that prohibit various forms of discrimination. State laws also address fairness but must be consistent with federal law. Ensuring compliance is important

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cooneyz1987
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0% found this document useful (0 votes)
150 views

Ensuring Fair Treatment and Legal Compliance: Opening Case: Managing Human Resources at Wal-Mart

The document summarizes key aspects of ensuring fair treatment and legal compliance in the workplace. It discusses: 1) The strategic importance of fairness and legal compliance for businesses to satisfy stakeholders like employees and society. Large discrimination lawsuits like against Walmart show the risks of unfair treatment. 2) What fairness means to employees, including distributive justice (equal outcomes), procedural justice (fair processes), and interactional justice (respectful treatment). Unjust treatment can lead to quitting or legal action. 3) The major federal laws like the Civil Rights Act and Americans with Disabilities Act that prohibit various forms of discrimination. State laws also address fairness but must be consistent with federal law. Ensuring compliance is important

Uploaded by

cooneyz1987
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© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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CHAPTER 3 Ensuring Fair Treatment and Legal Compliance

Chapter 3
ENSURING FAIR TREATMENT AND LEGAL
COMPLIANCE
Opening Case: Managing Huan Res!ur"es at #a$%Mart
Tom Coughlin, chief of Wal-art!s "#$# stores, found himself e%plaining in court
ho& he tried to encourage store managers to 'ring more &omen and minorities
up to higher le(els in the compan)# A female emplo)ee named $tephanie *dle
had filed a complaint &ith the E+ual Emplo)ment *pportunit) Commission
,EE*C- claiming that she &as fired for protesting ho& she &as treated &hen she
as.ed for a raise# $he learned that her pa) &as /01,111 less than that of a male
fello& assistant manager# At the time, *dle didn!t .no& that throughout Wal-art,
female assistant managers earned /02,314 less per )ear on a(erage than male
assistant managers# 5ett) 6u.es, an African American, after 'eing promoted to
the position of customer ser(ice manager, &as denied the training that man)
)ounger men &ere offered# When she complained to the compan), she &as
demoted 'ac. to her old 7o'# Within t&o )ears of 6u.es! initial compliant to the
compan), testimon) from at least 011 other Wal-art emplo)ees in California
&as used as the 'asis for a class action la&suit# Toda), more than 0#2 million
&omen are part of the la&suit, ma.ing it the largest discrimination case in "#$#
histor)# 8f Wal-art loses, it could cost the compan) as much as /00 'illion# *ne
issue is pa) and another is promotions#
CHAPTER OUTLINE
I& THE STRATEGIC IMPORTANCE OF FAIRNESS AND LEGAL
COMPLIANCE
Effecti(e 'usiness organi9ations address the concerns of man) sta.eholders,
including societ) and emplo)ees# The) go 'e)ond mere compliance &ith
la&s and regulations and attempt to act in an ethical and sociall) responsi'le
manner#
Companies (ar) &idel) in the degree to &hich the) are responsi(e to their
multiple sta.eholders# $ome are proacti(e, others reacti(e# Fairness, as
man) companies ha(e found out, is a topic of great concern to societ), the
la'or force, and (arious legal institutions#
A& S!"iet'(s C!n"erns a)!ut Fairness
$ociet) at large is (er) concerned a'out fairness to emplo)ees as a
desira'le ideal# This can 'e a ma7or challenge for emplo)ers, due to the
3:
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
comple%it) of the man) connotations of 7ust &hat ;fairness< is and the fact
that it changes rapidl) and often# What is ;fairness,< an)&a)= 8f &e do
not get our &a) are &e 'eing treated unfairl)= $hould the la& and the
courts decide &hat is fair and &hat is not= Affirmati(e action la&s are one
e%ample# Although societ) in general agrees &ith the concept of recruiting
a &or.force that represents the population, there has recentl) 'een a
'ac.lash ') the ;non-protected< classes &ho feel the) ha(e not 'een
treated fairl)# The e'' and flo& of opinion on affirmati(e action sho&s ho&
companies must ad7ust to societ)!s e(er-changing concepts of fairness#
The concerns of societ) are communicated through and supported ') t&o
ma7or sta.eholders> the la'or force and legal institutions#
*& C!n"erns !+ the La)!r F!r"e
Emplo)ees communicate their concerns directl) and indirectl)# The)
choose &hom to &or. for and &here the) &ish to sta)# The) ma) organi9e
and spea. through their union representati(es# $ome ;(ote &ith their feet<
and?or their dollars# The Wal-art case stud) at the 'eginning of this
chapter is an e%ample of &hat could happen &hen emplo)ees feel the)
ha(e 'een treated unfairl) ') their emplo)er#
C& Cust!ers #in #hen Ep$!'ers Treat Ep$!'ees Fair$'
Fairness is also good for 'usiness 'ecause, generall), &hen emplo)ees
are treated 'etter, the) treat their customers 'etter, also#
D& The HR Tria,
The HR Triad feature summari9es the roles and responsi'ilities of HR
professionals, line managers, and other emplo)ees in ensuring the fair
treatment of emplo)ees and compliance &ith la&s and regulations# As is
the case &ith all HR issues, the effecti(e handling of fairness and legal
issues can onl) occur if all three mem'ers of the Triad colla'orate &ith
one another#
II& #HAT FAIRNESS MEANS TO EMPLO-EES
$ee the t&o (ignettes in the te%t descri'ing the situations in &hich ichelle
Chang (A Missed Promotion) and 5ill ar.ham (An Unexpected Layoff) found
themsel(es# Research has re(ealed at least t&o important features that
affect people!s perception of fairness> outcomes and procedures used to
arri(e at these outcomes#
32
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
A& Distri)uti.e /usti"e
We often percei(e fairness ') comparing our outcomes to those of other
people# 6id &e get as 'ig a raise or as good a deal as someone else=
Ho& did &e ma.e out as an indi(idual= This is a t)pical American
concern, as &as e%pressed in the opening case on Wal-art# *ther
cultures are more collecti(istic and are concerned &ith the group!s or
societ)!s &elfare ,cohesion- and the e+ualit) of treatment on the 'asis of
indi(idual need#
Teaching Note:
Distributive Justice is closely tied to the concept of equity. Emphasize to
students that the comparison is a ratio: Your inputsyour outcome
compared to the inputsoutcomes of a relevant other.
*& Pr!"e,ura$ /usti"e
Was the process that led to the actual outcome fair= $ee E%hi'it 3#0 for
the conditions that need to 'e met for procedural 7ustice to pre(ail#
Politeness, respect, and a clear e%planation of ho& a decision &as arri(ed
at also seem to enhance the perception of procedural 7ustice on the part of
emplo)ees as the) deal &ith their emplo)er# 8f procedural 7ustice is
percei(ed ') emplo)ees, the more satisfied the) tend to 'e#
Teaching Note: The most important aspect of procedural !ustice is voice"
the e#tent to $hich employees affected by a decision can present relevant
information about the decision to others.
C& Intera"ti!na$ /usti"e
This refers to ho& an emplo)ee feels that he?she is treated ') their 'osses
and other mem'ers of management in the implementation of policies and
procedures# Emplo)ee perceptions of interactional 7ustice are enhanced
') managers &ho are sensiti(e to emplo)ee concerns and treat them
politel) and respectfull)#
D& Rea"ti!ns t! Un0ust Treatent
The most common emplo)ee reactions to un7ust treatment include>
0# @uit and put the incident 'ehind )ou#
4# $ta) and simpl) accept the situation#
3# $ta) and see. re(enge in a (ariet) of &a)s#
3# Tal. to others in the organi9ation#
:# Complain to e%ternal authorities ,attorne), the media, regulator)
agenc)-#
2# Tell )our friends#
3A
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
III& LEGAL MEANS TO ENSURE FAIR TREATMENT
Emplo)ers use a (ariet) of policies and procedures in an attempt to treat
emplo)ees fairl)# Although some of these are mandated ') la&, others reflect
an emplo)ers desire to go 'e)ond 7ust satisf)ing the minimum re+uirements
in terms of treating emplo)ees fairl)# *ther chapters &ill e%plore specific
&a)s in &hich emplo)ers address fairness issues &ithin the conte%t of
specific HR processes such as staffing and compensation#
"#$# companies must compl) &ith se(eral different t)pes of la&s, including
constitutional la&s, statutor) la&s, administrati(e regulations, e%ecuti(e
orders, and the common la&# Emplo)ers often change to accommodate the
changes in societ)!s concerns# Women and minorities ha(e seen their
treatment change as legislation &as introduced to protect them# E%hi'it 3#4
sho&s the e%tent to &hich large emplo)ers ha(e adopted polic) 'arring
discrimination for ga), les'ian, 'ise%ual, and transgender ,BL5T- emplo)ees#
We &ill tr) to understand ho& the "#$# legal s)stem &or.s and the t)pes of
remedies a(aila'le to in7ured parties#
Teaching Note: %ailure to comply $ith employment la$s may result in
monetary fines& imprisonment& or court orders that constrain future
activities.
A& Fe,era$ La1s
E%hi'it 3#3 pro(ides a summar) of the ma7or federal emplo)ment la&s#
2& Tit$e 3II !+ the 'ivil (ights )ct
Title C88 of the Ci(il Rights Act of 0D23 is one of the most significant
federal statutes, 'anning discrimination in a &ide (ariet) of areas in
emplo)ment# 8t prohi'its discrimination 'ased on race, color, religion,
se% or national origin# $u'se+uent amendments and additional
legislation considera'l) 'roadened the scope of federal anti-
discrimination statutes#
Teaching Note: The 'ivil (ights )ct does not prohibit discrimination based
on se#ual orientation. *t is up to the individual states to provide that
protection.
4& Age Dis"riinati!n in Ep$!'ent A"t&
This act protects people 31 )ears of age or older from all forms of
emplo)ment discrimination 'ased on age# 8t applies to emplo)ers &ith
41 or more emplo)ees# The act generall) prohi'its age preferences
and forced retirements due to age# Eno&ledge of facts related to the
act can 'e tested ') ans&ering the +uestions in E%hi'it 3#4#
3F
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
3& Aeri"ans 1ith Disa)i$ities A"t
The Americans &ith 6isa'ilities Act of 0DD1 ,A6A- prohi'its pri(ate
emplo)ers, state and local go(ernments, emplo)ment agencies, and
la'or unions from discriminating against +ualified indi(iduals &ith
disa'ilities# Persons are disa'led if the)
ha(e a ph)sical or mental impairment that su'stantiall) limits
one or more ma7or life acti(ities#
ha(e a record of such an impairment#
are regarded as ha(ing such an impairment#
The act re+uires emplo)ers to ma.e ;reasona'le< accommodations to
the .no&n disa'ilities of +ualified applicants and emplo)ees# A
reasona'le accommodation is one that does not re+uire significant
difficult) or e%pense gi(en the emplo)er!s si9e, financial resources, and
the nature of its operation# Emplo)ers are not re+uired to lo&er +ualit)
or production standards to ma.e an accommodation#
*& State La1s
$tate la&s must 'e consistent &ith federal la&s, 'ut the) do not need to
'e the same# Three ma7or differences that are commonl) found 'et&een
state and federal la&s are>
$tate la&s often co(er companies that are not co(ered ')
federal la&s, e#g# num'er of emplo)ees#
$tate la&s often offer greater protection to emplo)ees than do
federal la&s, e#g# pregnanc) lea(e, same-se% 'enefits#
$tate la&s often anticipate federal la&s, e#g# the Ci(il Rights Act#
C& E5e"uti.e Or,ers
$pecific rules issued ') the President of the "nited $tates that appl) to
the conduct of go(ernment 'usiness and contractors doing 'usiness &ith
the go(ernment are called executive orders. $e(eral long-standing
e%ecuti(e orders ,E%ecuti(e *rders 00432, 003AF, 003A:- appl) directl) to
emplo)ment discrimination issues# $ee E%hi'it 3#3#
D& A,inistrati.e Agen"ies
Enforcement of 'oth federal and state statutes is often delegated to an
administrati(e agenc)# These agencies monitor compliance, in(estigate
complaints, gather data, conduct inspections, issue citations, and do
&hate(er ma) 'e necessar) to ensure the &ill of the legislati(e 'od) is
carried out# Three important agencies at the federal le(el are>
E+ual Emplo)ment *pportunit) Commission ,EE*C-, &hich
administers Title C88, the E+ual Pa) Act and the Age
6iscrimination ActG see E%hi'its 3#3 ,3#:, 3#2 and 3#AG
3D
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
*ccupational $afet) and Health Administration ,*$HA-, &hich
administers the *ccupational $afet) and Health Act ,Chapter
03-,
Hational La'or Relations 5oard ,HLR5-, &hich administers the
Hational La'or Relations Act ,Chapter 0:-#
As courts ma.e rulings in the cases 'rought 'efore them, common law is
created# Precedents esta'lished this &a) are (er) influential in
su'se+uent cases and ma) influence court decisions for decades to come
unless modified ') a ne& statute# $upreme Court rulings carr) the most
&eight 'ecause man) of the decisions made ') federal and state courts
are su'7ect to re(ie& ') the $upreme Court#
E& Internati!na$ Operati!ns
$ome nations do not follo& the ;emplo)ment-at &ill< rule that tends to
pre(ail in the "nited $tates# The emplo)ment-at-&ill rule is a common la&
principle that refers to the traditional right of an emplo)er to terminate
emplo)ees at an) time for an) reason, 'alanced ') an emplo)ee!s right to
+uit at an) time# Ho&e(er, as courts and regulations in recent )ears ha(e
pointed out, it is not an a'solute right#

Termination is considered a serious decision in man) countries# Local la&s
ma) ma.e termination more difficult and costl) than in the "nited $tates
,see E%hi'it 3#2-# An emplo)er &ishing to la)off large num'ers of
emplo)ees or close do&n a non-"#$# operation should chec. to see if a
social impact plan must 'e filed &ith the go(ernment of the countr) in
&hich the action &ill 'e ta.en#
I3& SETTLING DISPUTES
A& C!pan' Grie.an"e Pr!"e,ures
These procedures encourage emplo)ees to (oice their concerns to the
compan) instead of the courts# The) pro(ide emplo)ees &ith a formal
mechanism for emplo)ees to see. constructi(e resolutions &ithout
litigation# These t)pes of procedures ha(e long e%isted in unioni9ed firms,
and are also used in man) non-unioni9ed companies# These procedures
tend to impro(e emplo)ee lo)alt) and commitment#
$teps in the Pinellas Count) grie(ance procedure>
$tep 0> 8nformal discussion &ith immediate super(isor#
$tep 4> Formal &ritten complaint filed &ith the department director#
$tep 3> Brie(ance hearing &ith compan) committee#
$tep 3> Appeal to personnel 'oard#
31
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
*& Me,iati!n an, Ar)itrati!n
When disputes cannot 'e resol(ed through this internal process,
companies ma) tr) to use alternati(e dispute resolution 'efore sending a
case to the courts# Alternative Dispute Resolution (ADR) a(oids litigation
altogether and often is seen as a gesture of good &ill on the part of the
contesting parties# A6R t)picall) ta.es the form of either mediation or
ar'itration#
2& Me,iati!n
ediation is the more popular form of A6R# 8t is fle%i'le# All the parties
appear 'efore a third part) neutral ,the mediator- &ho ma) 'e
appointed ') a 7udge or selected ') the parties themsel(es or their
attorne)s# The o'7ecti(e is to get the parties to come to an agreement
themsel(es#
4& Ar)itrati!n
Ar'itration ma) 'e 'inding ,the parties must accept ar'itrator!s
decision- or non'inding ,a process ma) lead to a trial-# an)
emplo)ers re+uire emplo)ees at hiring to agree to 'inding ar'itration to
settle future disputes# This practice is some&hat contro(ersial# E%hi'it
3#01 pro(ides a summar) of the pros and cons of mandator) ar'itration
practices#
C& Using the C!urts t! Sett$e Disputes
2& M!netar' Daages
8f a person!s legal right has 'een (iolated and if an in7ur) has 'een
suffered as a result of that (iolation the defendant ma) 'e ordered to
pa) monetar) damages to the plaintiff# onetar) damages include
compensatory damages for actual mone) lost, as &ell as punitive
damages, designed to pre(ent future &rongdoing#
Teaching Note: *n most cases& it is difficult to recover the costs of bringing
the la$suit& i.e.& legal fees& etc. *t is also e#tremely rare to recover for +pain
and suffering, as a result of an employment la$suit- damages are usually
restricted to actual money lost& e.g.& the difference in $ages bet$een $hat
you $ould have earned and $hat you earned as a result of the
discrimination.
4& Sett$eent Agreeents
*ut-of-court settlements 'et&een the contesting parties a(oid long and
often costl) court proceedings# There is usuall) no admission of
&rongdoing on the part of the defendant in a settlement# Ho&e(er,
monetar) damages are paid and the defendant ma) agree to follo&
specific directi(es from the court# $ettlements such as those reached
30
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
in the Coca-Cola and Te%aco discrimination la&suits ma) result in
significant monetar) costs and changes in HR management policies
and practices for those companies ,$ee E%hi'it 3#A-#
Teaching Note: )ppro#imately ./0 of all cases never reach trial because
they are settled out of court.
3& DI3ERSIT- AND INCLUSION INITIATI3ES FOR ENSURING FAIR
TREATMENT
A& #h! is C!.ere, )' Di.ersit' Initiati.es6
*riginall) designed for minorities and &omen, 'roadened di(ersit)
initiati(es no& encompass man) other emplo)ee groups &ho ma) not 'e
co(ered ') legal statutes#
Teaching Note: The accounting firm of Deloitte and Touche became
serious about diversity initiatives in the early 1../2s $hen its employment
numbers revealed that only 30 of the company2s partners $ere $omen and
turnover for $omen $as 4/0. The numbers changed $hen it made
changes aimed at ma5ing the firm more +$omen friendly.,
*& A Cu$ture !+ In"$usi!n
What is needed is a corporate culture in &hich all emplo)ees respect each
other and in &hich decisions are 'ased on merit, not personal
characteristics# E(er)one feels integrated into the larger s)stem# The
creation of such a culture ma) ta.e a long time, and 'ring &ith it the
possi'ilit) of heightened conflict, at least in the short run# anagers must
'e a&are of these possi'ilities and 'e prepared to cope &ith them as
necessar)# ;anaging the ulticultural Wor.force> 6i(ersit) at 6arden
Restaurants< descri'es one compan) that has 'een &or.ing hard to
esta'lish a culture of inclusion#

C& E.a$uating the E++e"ti.eness !+ Di.ersit' an, In"$usi!n Initiati.es
The most effecti(e initiati(es are those that ha(e clear o'7ecti(es and
are monitored to ma.e sure the o'7ecti(es are 'eing met# The feature
;anaging &ith etrics> ontgomer) Watson Har9a< descri'es ho& that
firm de(eloped a scorecard to trac. the results of its initiati(es#
D& E"!n!i" *ene+its !+ Di.ersit'
There is scant research e(idence of the economic 'enefits of a di(erse
&or.force and positi(e organi9ational culture# Whether supported ')
34
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
e(idence or not, the negati(e effects of managing di(ersit) poorl) can 'e
em'arrassing and costl)#
Teaching Note: 6organ 7tanley settled a class action suit of over 81 billion
for $omen $ho sued over the lac5 of opportunities in upper echelons of
the firm.
3I& PROTECTING EMPLO-EES FROM HARASSMENT
Harassment includes 'oth the dail) interactions among co&or.ers and ho&
the conse+uences of those interactions can ma.e emplo)ees feel#
A& #hat is Harassent6
Harassment is conduct that creates a hostile, intimidating, or offensi(e
&or. en(ironmentG unreasona'l) interferes &ith the indi(idual!s &or.G or
ad(ersel) affects the indi(idual!s emplo)ment opportunities# Harassment
ma) 'e se%ual, or 'ased on other protected classes such as age, race, or
se%ual orientation and includes same-se% harassment# The standard for
assessing harassment is &hether a ;reasona'le person< in the same
situation &ould find the conduct intimidating, offensi(e or hostile#
Companies that are su'7ect to harassment claims ma) ha(e difficult)
recruiting and retaining emplo)ees#
*& Rea"ti!ns t! *eing Harasse,
Harassment (ictims ma) lash out against the perpetrator, 'lame
themsel(es, report lo&er 7o' satisfaction and producti(it), ma) +uit,
e%perience ph)sical s)mptoms, an%iet), and depression# *thers ma) file a
la&suit#
Teaching Note: 9ver ./0 of the %ortune 3// companies have dealt $ith
se#ual harassment complaints& and :30 have been sued repeatedly.
3II& FAIRNESS MUST *E RECIPROCATED
Fairness is a t&o-sided coin# Iust as emplo)ers ha(e responsi'ilities
to&ard emplo)ees, emplo)ees ha(e responsi'ilities to&ard emplo)ers#
utual responsi'ilities can 'e spelled out in a &ritten code of ethics that
communicates accepta'le emplo)ee 'eha(iors and promotes high
standards of integrit)# A good indicator of emplo)ees! feeling of 'eing
treated fairl) is their &illingness to accept their responsi'ilities to&ard their
emplo)er#
33
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
3III&CURRENT ISSUES
A& E$e"tr!ni" M!nit!ring !+ Ep$!'ees
This issue deals &ith the implantation of electronic monitoring de(ices into
the 'odies of emplo)ees# Rapid increases in technolog) ha(e made it
easier for emplo)ers to monitor emplo)ees, 'ut the la& has not caught up
&ith the changes in monitoring capa'ilit)#
*& Pri.a"' in the G$!)a$ C!nte5t
The 5ill of Rights does not guarantee the right to pri(ac), that is, the right
to .eep information a'out oursel(es to oursel(es, to pri(ate sector
emplo)ees# Ho&e(er, la&s such as the Pri(ac) Act of 0DA3 at the federal
le(el and (arious state statutes do e%tend some co(erage# Pri(ac) issues
continue to 'e de'atedG pri(ate sector emplo)ees still ha(e relati(el) little
protection against emplo)ers &ho use information a'out them# La&s and
regulations protecting emplo)ee pri(ac) (ar) for countr) to countr)# The
feature ;anaging Blo'ali9ation> Pri(ac) in the European "nion<
descri'es ho& the 6ata Protection 6irecti(e protects the pri(ac) of
emplo)ees in E" countries# 8t is important not 7ust to compl) &ith legal
regulations &hen operating a'road, 'ut to also 'e a&are of ho& local
cultural assumptions and (alues affect perceptions of fairness#
Teaching Note: %or a lively discussion& as5 your students to debate the
use of the *nternet at $or5 for personal business. ;hat are the pros and
cons< =o$ does this differ from using the telephone for personal use< Do
they believe *nternet communications should be monitored< *f so& $hat
restrictions $ould they place on the employees< The employer<
33
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
7UESTIONS FOR DISCUSSION AND REFLECTI3E THIN8ING
2& Des"ri)e an in"i,ent 1hen '!u +e$t '!u 9!r s!e!ne '!u :n!1; 1ere
treate, un+air$'& Di, the in"i,ent !""ur ,ue t! a $a": !+ pr!"e,ura$<
,istri)uti.e< an,=!r intera"ti!na$ 0usti"e6
4& Des"ri)e s!e !+ the :e' regu$at!r' agen"ies as 1e$$ as the
ep$!'ent $a1s that the' a,inister an, en+!r"e&
3& S!e pe!p$e +ee$ there are sip$' t!! an' $a1s an, regu$ati!ns
g!.erning h!1 "!panies a' anage their ep$!'ees& These pe!p$e
)e$ie.e e.er'!ne 1!u$, )e )etter !++ i+ 1e $et the +ree ar:et 1!r:
1ith!ut s! u"h g!.ernent inter+eren"e& Other pe!p$e )e$ie.e that
ep$!'ees are n!t su++i"ient$' pr!te"te, against un+air treatent )'
ep$!'ers& The' )e$ie.e ep$!'ers 1!u$, treat ep$!'ees p!!r$' i+ !ur
$a1s ,i,n(t +!r)i, the +r! ,!ing s!& #hi"h p!siti!n ,! '!u !st
agree 1ith6 E5p$ain 1h'&
>& Supp!se a "!1!r:er harasse, '!u& #!u$, '!u pre+er t! res!$.e it using
e,iati!n< ar)itrati!n !r the "!urt s'ste6 #!u$, '!ur ans1er "hange
i+ the harasser 1ere '!ur )!ss6 #h'< !r 1h' n!t6
?& Re.ie1 E5hi)it 3&@ 1hi"h $ists a++init' gr!ups at Mi"r!s!+t& I+ '!u 1ere a
Mi"r!s!+t ep$!'ee< 1!u$, '!u 0!in !ne !+ these gr!ups6 I+ 'es< 1hi"h
!ne6 I+ n!< 1h' n!t6
6. Te"hn!$!g' is a:ing it p!ssi)$e t! !re "$!se$' !nit!r the )eha.i!r !+
ep$!'ees& #hat are the pr!s an, "!ns !+ a$$!1ing ep$!'ers t! use
e$e"tr!ni" ,e.i"es t! "!$$e"t in+!rati!n a)!ut their ep$!'ees(
)eha.i!rs< at 1!r:< 1hi$e !n )usiness trips< an, at h!e6
CASE STUD-: UNITED #A- AND THE *O- SCOUTS OF
AMERICA
DISCUSSION 7UESTIONS:
2& In '!ur !pini!n< ,!es Larr' N!r.e$$ +a"e an ethi"a$ "ha$$enge6 Or "an he
sip$' han,$e this situati!n as a )usiness ,e"isi!n an, +!"us !n the
)!tt! $ine6 E5p$ain&
3:
CHAPTER 3 Ensuring Fair Treatment and Legal Compliance
4& I+ '!u 1ere Larr' N!r.e$$< h!1 1!u$, '!u prepare +!r '!ur eeting 1ith
the Unite, #a' )!ar, t! ,is"uss the issue !+ 1hether t! "!ntinue
pr!.i,ing +un,s t! the *!' S"!uts6 I,enti+' the three :e' p!ints that
'!u 1!u$, a:e an, '!ur rati!na$e +!r ea"h p!int&
3& I+ '!u 1ere a )!ar, e)er< 1hat 1!u$, '!ur p!siti!n )e !n the
Auesti!n !+ 1hether the U#C# sh!u$, "!ntinue t! pr!.i,e +un,s t! the
$!"a$ *!' S"!uts6 #!u$, '!u )e in +a.!r !+< !r against< pr!.i,ing Unite,
#a' +un,s6 E5p$ain '!ur thin:ing&
3IDEO CASE STUD-: HR FOCUS PLANNING AND RETENTION
DISCUSSION 7UESTIONS:
2& An,rea Herran is an HR "!nsu$tant& Can su"h a pers!n he$p a +ir in
an in,ustr' in 1hi"h the "!nsu$tant has ne.er ha, an' e5perien"e6
4& An,rea p!inte, !ut h!1 !rganiBati!na$ e++e"ti.eness "an )e
ipr!.e, thr!ugh )etter "!uni"ati!n& #hat e5ap$es ,! '!u ha.e !+
an !rganiBati!n 91hether ep$!'ent< +ai$'< s"h!!$; that "!u$, )ene+it
+r! her a,.i"e6
3& H!1 "an tie anageent he$p ipr!.e satis+a"ti!n +!r )!th
anageent an, the ep$!'ee6
>& An,rea p!inte, t! the nee, t! ,eterine 1hether the s:i$$s !+
ep$!'ees at"h the nee,s !+ the 0!)& I+ HR ,i, a pr!per 0!) !+
se$e"ting ep$!'ees< 1h' 1!u$,n(t the s:i$$s at"h the 0!)6 #hat
sh!u$, )e ,!ne i+ there is n!t a pr!per at"h6
32

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