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EMPLOYMENT L A W student workbook

Religious Discrimination and Racial Harassment:

What Ever Happened to MarShawn DeMur?

By Gwendolyn M. Combs, Ph.D.

Project team

Author: Gwendolyn M. Combs, Ph.D.

SHR M project contributors: Bill Schaefer, SPHR

Nancy A. Woolever, SPHR

External contributor: Sharon H. Leonard

Editor: Katya Scanlan, copy editor

Design: Terry Biddle, graphic designer

Case Introduction

The diversity of the domestic and global workforce is increasing due to the growing

number of immigrants and the expansion of global operations. The management of

religious differences and the interface of varying religious beliefs and management

practices are profound concerns for many organizations and human resource

professionals. Religious communities may be quite different in beliefs and practices,

and this can influence employee interaction with formal and informal work practices

and social norms. Additionally, response to religious differences can sometimes be

intertwined with racial biases and attitude predispositions. This case will depict

a particular organizational situation involving an employee’s religious beliefs and

the resulting allegations of racial harassment and religious discrimination. (Note:

The people and facts in this case are fictitious and do not represent any known party,

organization, religion or situation.)

Organizational Profile

Treton Communications, Inc. is a public giant in the telecommunications industry.

Headquartered in Eastern Michigan, Treton offers a range of wireless and wireline

communications services to consumers, businesses and government users. In addition

to its headquarters campus, Treton has call centers and regional operations

throughout the United States. The company’s gross revenue was $20 billion in 2007,

with 30,000 employees worldwide. Two years ago, Treton expanded its operations

with the opening of its Midwest facility and plans to add two more facilities in

Southern and Northwestern locations in the United States. These new facilities offer

many Treton employees exciting opportunities for advancement.

The Midwest facility is located in Chenworth, Kansas. It currently employs 360

workers, with plans to reach a full workforce complement of 800 employees within

three years. Chenworth’s demographics indicate a population that is predominantly

white, with 7 percent racial/ethnic minorities. The demographics of the 360

employees of the Midwest facility similarly reflect a 5 percent racial/ethnic

minority representation.

Employee Relations

Treton takes pride in its non-union status and strives to develop policy and

implement programs that demonstrate its strong company culture of employee

development and empowerment, procedural and operational integrity, and ethical

decision-making. To sustain its culture and values, Treton has policies, procedures

and guidelines that articulate its expectations of employee and employer behaviors.

Promoting and facilitating workforce diversity is a guiding principle for Treton. The

organization has written policies and directives regarding workforce diversity, equal

employment opportunity/nondiscrimination and workplace harassment.

Principal Individuals

MarShawn DeMur

(a.k.a. Maalick)

Employee filing the complaint

Clive Jenkins Midwest facilities director and MarShawn’s supervisor

Marta Ford Midwest facility human resources director, EEO and

diversity compliance officer

Judith Dixon Corporate vice president for EEO and diversity

The Situation

MarShawn DeMur has worked for Treton for six years. He started as a management

intern working summers while attending college. After graduation, he was hired as a

customer service supervisor overseeing three technicians in one of the large customer

service centers in Detroit, Michigan.

DeMur was encouraged by a manager at the Michigan center to apply for a

promotion and transfer to the newly opened Midwest facility. DeMur, who is A frican

American, had questions about the demographics of the location and the facility

but decided to apply for an operations manager position at the Kansas facility. The

operations manager position reported to the facility director, Clive Jenkins. DeMur

was selected for an interview with Jenkins. During the interview, Jenkins discussed

company philosophy and his vision that the facility would operate as “one big happy

family.” Employees would be evaluated on their strengths and productivity, and the

benefits of diversity in all areas would be maximized. Jenkins assured DeMur that if

hired, the management team would help him with his transition.

The day after the interview, Jenkins invited DeMur to attend his church to meet new

people and get acquainted with others in the city. He was told that several facility

employees were church members. Jenkins invited DeMur to his home for a casual

dinner after church services. Most of the dinner guests were church members, with

a few other community people in the mix. It was a pleasant affair where DeMur

exchanged contact information with several people and received pledges from others

to look out for him if he relocated. DeMur thought the new job would be a good

career change, especially with such a supportive group of people. He was offered the

position, accepted the job and moved to Kansas.

DeMur started his new position with enthusiasm. He interacted well with co-

workers and subordinates and demonstrated high technical competence in his work.

Jenkins often complimented Demur on his ideas and work ethic. His first annual

performance appraisal was superior in all areas. DeMur liked his job and saw great

potential for advancement in the company.

Before he had accepted his new job and moved to Kansas, DeMur decided to

become a member of the Church of International Spirituality. The existence of a

small A frican-American congregation of Internationalists in Chenworth, Kansas,

influenced DeMur’s decision to take the promotion and relocate. A lthough the

Internationalist congregation in Chenworth was comprised of only 80 people,

they held regular worship services and offered spiritual education classes. The

Internationalists were regarded as a new-age religious group. They required members

to commit to strict restrictions on diet, appearance, methods of worship and other

areas of conduct. DeMur was quite committed to Internationalist beliefs. He was

often found reading Internationalist materials on his work breaks and during

lunch period.

The final step to become an Internationalist was a five-day intensive spiritual

preparation and confirmation process. Participation in this religious practice required

DeMur to be away from work for a week. He approached Jenkins about this need

and requested a week of vacation to attend the final process for church membership.

Jenkins inquired about the reason for the time off. He asked many questions about

the Internationalist religion and admitted that he was not familiar with the religious

group. He raised several questions about the authenticity of the religion. During the

conversation, Jenkins told DeMur, “You know I am a religious person, but what you

describe sounds quite strange. I need some information on this so-called religion

before I can make a decision to give you a week off. We are quite busy, you know!

I have been wondering about what I have seen you reading, and, frankly, some of

your workers have asked me about the pamphlets you leave around your office.”

Although DeMur was disturbed by the conversation, he complied with the request

for information. Jenkins reluctantly granted the time off.

A few days before DeMur was to leave for his vacation, several employees approached

him and asked about his “so-called” religion. They told DeMur that the members

of his new congregation were considered strange by others in the city. Many

called them voodooists and partakers of witchcraft and sorcery. DeMur countered

these remarks by providing more correct information about the Internationalist

religion. He wondered about the source of his co-worker’s perceptions. Despite this,

DeMur left to attend his week-long confirmation ceremony excited about meeting

other Internationalists.

Internationalists were required to change their names after confirmation to reflect

their changed position based on spiritual doctrine. DeMur was given the spiritual

name of Maalick and was required to use it at all times. When Maalick returned to

work, he stopped by the HR department to complete the paperwork to formally

change his name. He spoke with HR director, Marta Ford, about the questions his

co-workers asked him about his religious beliefs. Ford assured him that his name

change would be recognized and reflected in company records and told him not to

worry about his co-workers. Maalick proceeded with his normal duties and began to

sign correspondence with the name Maalick.

When he entered his department the next day, he noticed strange looks from his

co-workers. As he greeted them, they simply nodded their heads, laughed and

immediately walked away. When he entered his office, Maalick found it decorated

with dolls with pins sticking out of various body parts, witch hats and containers of

incense. On the wall behind his desk was a picture of A frica decorated with strange

letterings and symbols. Maalick was astonished and immediately called Jenkins and

asked that he come to his office. When Jenkins saw the office, he laughed and said,

“Well DeMur—or shall I say Maalick—I must say you have some admirers. As an

American with A frican roots, you should have expected some lighthearted ribbing

about your conversion to that strange religion of yours. Even you must admit that

they do some weird things.” Maalick replied, “No, I must say that I did not expect

this!” Jenkins recognized that Maalick was angry and upset over the incident and

promised to handle the situation.

Over the next several months, Maalick received a series of notes left on his desk and

car referencing black cats, black magic, requests for palm readings and notices about

the disappearance of MarShawn DeMur. Not wanting to cause any problems or be

labeled as a troublemaker, Maalick ignored these incidents, thinking that people

would tire of the pranks and things would die down. However, on one occasion,

he found on his desk several sheets of what appeared to be chants with a title at

the top that read “Prayers for Black Folk.” Next to the pages was a book titled

Mystical Practices from the Negro Experience. Maalick immediately took the materials

to the HR department and met with Ford. Ford told Maalick, “I have been out

of the office a lot helping with the staffing of the new Northwestern facility and

had no idea you were having these kinds of problems. Do you have any idea who is

responsible for these actions?”

“No I don’t,” said Maalick.

“This is not the type of behavior that is condoned at Treton. Don’t worry, I will

handle this immediately. I am so sorry about all of this,” said Ford.

After Maalick left her office, Ford called a meeting of all department heads and

informed them of the situation. Ford immediately sent an e-mail to all facility

employees, reminding them of Treton’s policies regarding discrimination and

harassment and the penalties associated with such actions. By the end of the day, all

department heads met with their employees with specific warnings and orders for the

behaviors to cease and desist. The days following were a bit tense in the office but

calm. Maalick was relieved to not find any more notes or messages.

Ford visited with Maalick on several occasions to ensure that he was not continuing

to experience any problems. Maalick was happy to report that, in his opinion, all

was well. On Ford’s last visit, Maalick took the opportunity to ask about two new

systems manager openings. Promotion to a systems manager position would assist

Maalick’s career goals for advancement with Treton. Ford sent Maalick the position

description and encouraged him to apply. A fter reviewing the systems manager job

requirements, Maalick believed that he had more than a good chance at a promotion.

He spoke with Jenkins about the job duties and requirements and expressed his

interest in the position. Maalick was informed that at that time, only one of the

vacancies would be filled. The second vacancy would be filled within the next six

months. These positions also reported to Jenkins.

Maalick applied for the position and was interviewed by Jenkins. The job was given

to an outside candidate, Charles Bartlett. Maalick later discovered that Bartlett

was a member of Jenkins’ church. Given Maalick’s perception of his qualifications

and excellent performance record, he wondered if there were factors other than

qualification that influenced the decision not to promote him. He also recalled

Jenkins’ conduct at the company holiday party where he joked about Maalick’s

conversion to the Internationalist faith. Maalick filed a formal complaint with Ford,

alleging religious discrimination and racial harassment. As required by Treton policy,

Ford reported the particulars of the complaint to Judith Dixon, vice president for

EEO and diversity, at the corporate office. The next afternoon, Dixon was at the

Chenworth facility meeting with Ford and Jenkins.

Questions for Discussion

1. Identify and describe the specific issues Maalick encountered in the workplace.

Do the actions of other workers at Treton represent discrimination and

harassment? What elements of law are important for Treton to consider?

2. Evaluate the actions of the HR director, Marta Ford, in response to Maalick’s

situation. What could she have done to prevent the situation and what more could

she do to ensure that this type of situation would not occur in the future?

3. How would you characterize Clive Jenkins’ behavior and response to

this situation?

4. What resolution to this situation might Judith Dixon suggest?

5. What are the broader implications of this situation for Treton? What

type of organizational review might Dixon initiate or suggest from a

corporate perspective?

Treton Communications, Inc. EEO/Anti-Discrimination/Diversity/Harassment Policy Revised 2007

EEO/Anti-Discrimination

Treton Communications, Inc. is an Equal Employment Opportunity employer.

Policies of the company prohibit discrimination against an applicant or employee on

the basis of race, color, religion, sex/gender (including pregnancy), national origin,

age, disability, marital status or veteran status. The company will conform to the

spirit as well as the letter of all applicable laws and regulations.

The policy of equal employment opportunity and anti-discrimination applies to

all company facilities, employees and conditions of employment, including but not

limited to hiring; promotion; transfer; evaluation; termination; layoff; training

and accessibility to training; working conditions; wages and salary; employee

benefits; and application of policies. Managers and supervisors at all levels have

the responsibility to ensure equal employment opportunity. Managers and

supervisors will be held accountable for achieving the adherence to this policy, and

their annual performance will be evaluated in terms of this as well as other major

organizational goals.

Diversity

Employees at Treton Communications, Inc. are critical to creating and sustaining

the organization’s competitive advantage. Diversity and inclusion are top priorities,

and the company strives to maximize the benefits derived from the incorporation

of diverse perspectives. It is Treton’s position that a diverse workforce contributes

to our strengths as a world-class provider of telecommunication services and

enhances our ability to anticipate and satisfy the needs of our customers and clients.

We leverage the benefits of diversity through our employee policies and practices,

community investment and outreach.

Harassment

Harassment is a form of employment discrimination that violates one or more of

the following: Title V II of the Civil R ights Act of 1964, the Age Discrimination

in Employment Act of 1967 (A DEA) and the A mericans with Disabilities Act of

1990 (A DA). Harassment is defined as unwelcome verbal or physical conduct based

on race, color, religion, sex (including same-gender harassment and gender identity

harassment), national origin, age, disability or retaliation. Harassment becomes

unlawful when:

1) Enduring the offensive conduct becomes a condition of continued

employment, or;

2) The conduct is severe or pervasive enough to create a work environment

that a reasonable person would consider intimidating, hostile or abusive.

Harassing behavior might be exhibited by anyone in the workplace, including

management and supervisory staff, co-workers and peers, vendors/suppliers,

contractors and subcontractors, or customer and clients. Victims of harassment can

be anyone affected by the conduct, not just the individual at whom the offensive

conduct is directed.

Internal Compliance

Employees at all levels, persons engaged in activities on the premises of Treton or

persons who represent the company in any capacity are required to comply with the

letter and spirit of this policy and all applicable and associated laws and regulations.

A ny employee or representative of Treton who believes that he or she:

1) Has been discriminated against;

2) Is the target of harassment;

3) Is being required to participate in unlawful discrimination and/or harassment

and/or;

4) Has witnessed unlawful discrimination and/or harassment;

Should seek guidance from his or her supervisor, other management/supervisory

personnel or the facility/location compliance officer. To the extent possible, all

information will be maintained on a confidential basis. When a supervisor/manager

is notified or is aware of discrimination or harassment, he or she must notify the

facility compliance officer. The compliance offer for the Midwest facility is Marta

Ford, Director of Human Resources, Office 356, Phone 884-765-1234, e-mail

[email protected].

Violation of Policy

Violations of these policies, regardless of whether an actual law has been violated,

will not be tolerated. The company will investigate every issue that is brought to its

attention as relating to these policies and will take appropriate disciplinary action, up

to and including termination of employment.

mailto:[email protected]

Treton Midwest Facility Organizational Chart (Abbreviated)

Vice President

EEO & Diversity

(Corporate)

Vice President

Human Resources

(Corporate)

Vice President

Facilities

(Corporate)

Midwest Facility

Director

Operations

Managers

Human Resources &

EEO Diversity Systems Managers Financial Officer

Operations

Supervisors Assistant Programmers Accountants Clerks

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