HR 60

MIDTERM EXAMINATION

Essay question and the below case study must be answered (Format: minimum 3/4 page single spaced for the essay question and minimum 1 page for the case study, Times New Roman, font size#12). Submit the exam in Word or Pdf format and APA style

1) ​ In order to deal with a potential harassment or discrimination complaint effectively, what do you do when you receive a complaint, what will your investigation plan cover, what interview techniques will be utilized and what will you consider when you evaluate conflicting versions of an event? (5 points)

Selective response questions (15 points).

1. Quid pro quo harassment occurs when

a. the harassment has the effect of unreasonably interfering with work performance or psychological well-being.

b. employment outcomes are linked to the victim's granting sexual favors.

c. intimidating or offensive working conditions are created.

d. an employee voluntarily offers his/her supervisor sexual favors for advancement, which the supervisor refuses.

2. For the last six months, one of the sales representatives, Andy, has been sending Susie, another sales representative who he met at a corporate retreat, text messages and e-mail requesting dates, which Susie either ignores or refuses. Andy also sends Susie poems he has written about her physical characteristics and his desire for a romantic relationship. Andy’s behavior can be considered………

a. evidence that he is a man with poor interpersonal skills, but not a sexual harasser.

b. a failed romance at work which is not sexual harassment.

c. cyber-stalking, a type of sexual harassment.

d. quid pro quo sexual harassment because Andy and Susie are both professional employees.

3. Abigail’s boss promised her a promotion if she would sleep with him. Abigail refused, but she was promoted anyway. Abigail has filed a charge of sexual harassment based on this episode. If the company can produce an affirmative defense, it will probably not be liable for sexual harassment.

TRUE ​FALSE

4. All of the following actions are critical components of a company’s establishing “reasonable care” to prohibit sexual harassment EXCEPT

a. firing any employee or manager accused of sexual harassment.

b. establishing a sexual harassment policy.

c. training employees and managers on avoiding sexual harassment.

d. investigating and taking action when complaints are made.

5. A good training program for supervisors and employees concerning harassment and discrimination must include the following element

a. Company Policy

b. How to do the job

c. Annual reminders

d. How to deal with the application process

6. Effective training explains how supervisors can intervene without overreacting, includes expressing disapproval.

TRUE ​FALSE

7. Consider training all employees even if it’s not required, in order to provide guidance to supervisors and employees and to limit damages in case of a lawsuit. 


TRUE​FALSE

8. An investigative plan should include the following elements EXCEPT

a. Whom you need to interview

b. Reiterate that retaliation is illegal

c. What you need to ask

d. How to schedule interviews

9. If facts are disputed, you need to evaluate conflicting versions and assess the credibility of each. You need to consider the following points EXCEPT

​a. The source

​b. The source

​c. Specificity

​d. Likeliness

10. Once you’ve reached a conclusion, you must communicate the outcome to the reporting and the accused employees.

TRUE​FALSE

11. Investigation procedures may vary from company to company, nevertheless, effective procedures include several important elements EXCEPT

​a. No retaliation

​b. A neutral investigator

​c. Corrective action

​d. Interviews and other investigative procedures

12. The landmark case that established the importance of disparate impact as a legal foundation of EEO law is

a. Adarand Constructors v. Pena

b. Griggs v. Duke Power

c. University of California at Davis v. Bakke

d. McDonnell Douglas v. Green

13. Which of the following would be defined as retaliation under EEO laws?

a. A hospital demotes a radiology technician who has complained about ethnic discrimination

b. An employer fires a supervisor who discriminates against a protected-class member.

c. A dismissed employee files a false complaint of discrimination with the EEOC.

d. The EEOC targets an employer with a history of unlawful discrimination.

14. All of the following conditions are required to constitute a incident of sexual harassment EXCEPT

​a. physical contact has taken place between the harasser and the victim

​b. the actions create a hostile environment.

​c. the actions are sexually directed

​d. the actions are unwanted.

15. From a legal point of view, sexual harassment is considered employment discrimination.

TRUE ​ FALSE

______________________________________________________________________________

Case study (10 points)

Floria was an almost perfect example of the American dream. As a young woman, she fled the tyranny of Castro's Cuba for a new life in the United States. She learned English and worked hard, eventually becoming a pharmacist and going to work for a well- known national chain of drug stores.

Now 62 years old, Floria had worked for the same company for almost 30 years, had won the admiration and respect of her customers and co-workers, and was a devoted wife and loving grandmother. The night before her murder, Floria visited her daughter. Although it was late, she insisted on going upstairs to give her grandchildren "besitos" (little kisses).

"I could tell she was upset." Her daughter later remembered in a deposition. "She was almost in tears and a nervous wreck. I knew why, of course. It was the continuing problem at work. It was him."

"Him" was a man named Robert. Standing over 6' 2", the 32-year-old was also a pharmacist in the drug store where Floria worked. Co-workers referred to Robert as a "firecracker". A man with a violent and volatile temper, Robert also experienced severe mood swings. The manager of the store commented that it was common for him to go for several weeks without saying a word to anyone.

During the course of the year that he worked at this particular store, Robert had to be restrained from attacking a customer. The assistant manager on duty at the time testified "He was out of control, wanting to fight this guy. We had to hold him back. He (Robert) said he was going to go to his car and get his gun to shoot the guy."

During this same time- period, numerous customer complaints cited Robert as rude and abusive. On several occasions, he was heard swearing at co-workers, and wrote a letter to a doctor calling the physician "an incompetent motherfucker and so called doctor."

Despite complaints and reports, no disciplinary action was taken against the pharmacist.

Floria and Robert worked overlapping shifts for several peak hours at the busy pharmacy.

Robert often left his work undone, the pharmacy area a mess, and supplies low. When Floria complained to the younger man, he responded by yelling at her, blaming others, or lapsing into sullen silences.

Floria complained to the store manager and told her that she was becoming fearful of Robert. The manager confessed that she too feared the man. Some months before, Floria arrived on duty just as a customer discovered that they had been given the wrong medication.

The pharmacist on duty was Robert. When the error was brought to his attention, Robert began to scatter pills in all directions, hurl a clipboard across the room, and scream at the top of his lungs. As frightened customers fled the store, Robert continued his rant at Floria, calling her "an old hag from Hell" and "a shit eater." He announced to all that he "would get her."

The following day, Floria wrote a lengthy letter of complaint to the district manager of the store and to the human resources department at the corporate headquarters. It was weeks before she received a form letter back, telling her that her complaint had been received. No action was taken against Robert, and his behaviour continued to deteriorate, becoming more erratic. Later that year, the regional manager responsible for the pharmacists conducted his annual review. As she had for 30 years, Floria received the highest accolades for her job performance.

For the first time in six years of employment, Robert was rated as "needing to improve in all areas". "In my entire career in the industry, I have never had someone react to an evaluation the way Robert did." The regional manager would later admit. "It's not unusual for people to be disappointed or defensive when given a poor job performance rating, but Robert immediately began to raise his voice. He was shouting at me and telling me I didn't know what I was doing. It took me over an hour to calm him down. He left, saying he would consult a lawyer and sue the company."

In fact, Robert wrote a long, rambling letter that he delivered in person to the local administrative offices for the company.

Perhaps because of the letter, perhaps because of increasing customer complaints, or tensions at the store, a meeting was scheduled two days before the final act of this tragedy was played out. Present at the meeting were Floria, Robert, the store manager, two employees of the store and a district manager who had been newly promoted and on the job for less than a month.

The district manager freely admitted after the fact that he had never seen or reviewed the personnel records for any of the individuals present. As the meeting progressed, Robert sat to one side, rhythmically banging a metal combination lock onto the table.

Floria was asked if she were afraid of Robert, and when she responded that she was, the district manager turned to Robert to ask if she had any reason to fear him. After a moment, Robert replied "I will only hurt her if she hurts me." The meeting concluded without any resolution or action.

The following day, Robert did not come into work. Floria asked yet again, if either Robert or she might be transferred to another store. She reiterated that she was terrified of him and couldn't work with him. The store manager assured her that "something would be done" and to continue to work the old schedule "just for a few more days." Reluctantly, Floria agreed.

The following day as the time neared for Robert to arrive, Floria went one last time to the store manager and tearfully pleaded to be allowed to leave work in order to avoid her colleague. The manager asked her to stay and again promised a change. Robert arrived at the usual time and went to his work-station. He spoke to no one and did not return the greetings extended by various employees. Shortly after his arrival, Robert received a telephone call from the district manager inquiring about personal long distance telephone calls made from work.

Robert lost control and began to scream into the telephone, calling the manager a "son of a bitch" repeatedly, then challenging him to come to the store to fight. At this point Robert slammed the telephone down, picked up a stool and smashed a computer to pieces. Floria and another employee walked quickly away from the area. Robert followed, seized Floria by the neck with his arm, drew the diminutive woman to him and shot her twice in the head at point blank range.

Floria died instantly.

1) Robert exhibited certain signs that could have provided clues that he will commit a serious violent act in the workplace. List four of the warnings signs that led to violence.

2) How would you handle and investigate the employee’s complaint?