Any Takers

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Introduction will start here.

Team Fun

As stated by Edna in the case TEAM FUN, “I remember some woman who applied for a job to advertise men’s baseball gear and sued when she didn’t get the job. The EEOC said she had no case.” EEOC being the arm of the federal government empowered to handle discrimination in employment cases is responsible for enforcing federal laws that make it illegal to discriminate against applicants and employees based on race, religion, color, sex, national origin, age, disability, or genetic information. When an employer is confronted with an allegation of discrimination by adverse impact, the employer may choose to defend the disputed practice. The probable defense that can be used in the case for the baseball gear job is (BFOQ) bona fide occupational qualification. Under Title VII, a BFOQ is permitted where such requirements are “reasonably necessary to meet the normal operation of that business or enterprise.” (DeCenzo 2013).

BFOQs could be used only to support sex discrimination. However, simply using a BFOQ as the response to a charge of discrimination is not enough; it must be directly related to the job. In this case, the employer being TEAM FUN can argue that a male gender is a requirement to protect the privacy interest of customers. Men’s baseball gear might require heavy equipment lifting assistance with trying on certain garments that a customer would feel uncomfortable being assisted by a female employee. Being that it is Men’s baseball gear, it is to assume that majority of the customers are males and would feel a better connection being assisted by the same sex.

When advertising a product such as a treadmill or exercise weights the products being sold need to be advertised. If the person(s) cannot perform the fitness demo and do it safely without harming one’s self, then the company needs to be able to hire someone who can. On behalf of the company, Fred was not fired. In fact, he was promoted to stock management where he would be able to perform his duties in which at this time was a better fit for both Fred and the company. There is no discrimination against him here. He is no longer able to do his job.

There is also another issue to be aware of. If the company had continued to let Fred do something that he could no longer perform safely without possible juries to himself, then there could also be a future law suit for possible injuries and also possible loss of sales due to the fact that the buyer(s) might believe it is an unsafe product(s). The company can not look the other way and take this chance with someone’s health.

The age discrimination act of 1967 protects people from who are above 40. Hiring and firing because of one’s age is against the law and a company can be brought to court and sued. In this case with Fred he no longer was able to fulfil his job duties. He therefore was not fired but moved to a more suitable location with a promotion. This was not about age discrimination. This could have happened to any age group. A younger person could have been injured on or off the job and no longer able to perform the tasks of the treadmill or weights.

If any can one remembers Jack Lalanne, he was an exercise Guru. He had a career for over 70 years. He motivated millions to improve their health. His age never got into his way from being able to continue his show or his fitness plan.

Potential Charges

Team FUN! is not open to other charges, right now. Edna clearly states that working in RETREAT is the best job and she obviously doesn’t see what Tony is trying to enlighten to her. Edna doesn’t notice that this could be a problem however other women may have and may not have liked what they saw. The only way they would be open to charges is if a woman from RETREAT wanted to work in the warehouse and couldn’t because she’s a woman. They would be open to discrimination charges if a woman wanted the position in warehouse met the qualifications but didn’t get hired because she’s a woman.

Tony can already foresee that this can become a situation if it comes to anyone else’s attention. Knowing he’s the new director of human resources he can right the situation before anyone can complain about the same thing he noticed. Tony can make sure he knows the qualifications for the job in warehouse if there is one. Tony could start to hire men for RETREAT and woman for the warehouse with having a job description from now on for each section of the company. Staying ahead of a situation before it becomes one is a good idea especially knowing they have had cases filed before in other areas.

There are four ways that men and women can work better together those being; State clear intentions, assume you don't get it, find common ground, and lastly speak up with simple respect. According to "4 Ways Men and Women Can Better Work Together" (2014) I see this as a challenge to all in the company, create a day where the company is able to let one another “live the life” in another coworker’s shoes for a day or two. This will allow the coworker to work in another department, see what another employee encounters during their day at work, it also creates a ton of respect once the challenge has completed itself. There is a company is North Carolina where they encourage their employees to change job positions with in the company at least within so many years. It gives the employee options to find what best suits them and eliminates a high turn over rate. Giving the employee the freedom to moves around in a company doesn’t create boredom either, it s open opportunity.

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