Employment law, HR

Issue #1

One of our hourly employees, Holly Golightly angrily quit her job yesterday with the impression that she’s fed up with her supervisor Suzi Quatro constantly bullying. She plans on suing Suzi and JCS for harassment.

Degree of urgency: 7; needs further investigation

Potential legal & Mgt issue: Lack of substantial information about the form of harassment and Suzi’s constant bullying. The Employee must file an EEOC claim before suing. There could be a Per-Se violation (Title VII). There is no law against workplace bullying. However, JCS will be penalized if the harassment involves discriminatory treatment (with or without sexual conduct), or proceeding under the EEO statutes

Recommendation: Review company policy on employee harassment. Corrective actions against the supervisor since bullying could potentially lead to workplace violence. Have company lawyer/legal team with an objective position to investigate with company counsel advising

Issue #2

Sadly, Ms. Hayes, a long-time secretary, broke almost all of her front teeth due to a fall in her kitchen a few weeks ago. The company medical coverage will pay for most of her dentistry repair costs, but she is not willing to because she is nervous about the surgery and hates dentist visits. However, it looks hideous and reflects poorly on JCS Inc. The CFO plans to fire her if she does not immediately fix her teeth  

Degree of urgency: 1 (Nothing burger)

Potential legal & Mgt issue: May claim discrimination (age or personal). Illegal action since not a real BFOQ for JCS. Possibly finding reasons to get rid of the older employees

Recommendation: Review firing policy with management. Physical appearance is a non-issue as long as it does not directly affect performance or company values

Issue #3

Marlo is an excellent, long-serving, quality control line checker employee who is very diligent and loved by all. She has developmental disabilities (down syndrome) and depends on her elderly parents for transportation to work. There is a need to desperately coverup 3 of 5 spots on the second shift without creating overtime and morale problems to meet production needs. Marlo was given less than a week's notice to move to the second shift. Without saying a word, she burst out in tears

Degree of urgency: 6, not so serious

Potential legal & Mgt issue: It might come across as taking advantage/discriminating against the disabled. Must provide reasonable and negotiable accommodation to workers with disabilities per the ADA act

Recommendation: Dialogue with the employee about feasible accommodations. Have as-needed employees to coverup unexpected shifts. Subcontracting could be another option