DISCRIMINATION AND HARASSMENT
Case study scenario
Kenan works in a bookstore and cannot carry heavy items because he is physically disabled. Recently, he found out that his colleagues received higher pay than he did, even though they have the same experience and qualifications. Also, Kenan has been dedicated to the work and works just as hard as the rest. Upon asking the manager about it, he was told that it was because he does not carry as much weight as the rest.
Type of discrimination and the key indicators that the behavior was a violation of workplace policy
The above scenario is an example of disability discrimination since Kenan is paid differently from other employees because of his different physical characteristics. The bias is direct and evident since Kenan is treated less favorably because of his disability. The other employees, with the same qualifications and experience as Kenan, are paid fairly. The reason provided for such a treatment cannot be satisfactorily justified indicating that this behavior is a violation of workplace policy (Wiener et al.,2011). The problem of not carrying as much weight as the rest could have been solved by making sensible adjustments. For instance, the employee could have transferred Kenan to a different workplace that suits his skills, and that does not involve carrying heavyweights.
Summary of how to conduct a proper investigation of these claims
The first step in investigating such claims should be obtaining the worker’s complaint in writing. It will enable the investigator to create a plan for the investigation and an outline of questions for the worker. The statements made by the employee may also allow the identification of documents that can be acquired and reviewed before an in-person meeting. The investigator should not be limited to a set of the script but should be flexible to move in the direction the investigation leads (Ronalds et al.,2012). Therefore, even in the circumstance where the employee is not willing to give a written statement, the investigation should still go on. While interviewing the complaining employee, the investigator should try as much as possible to acquire many facts. The employee should provide documents and information that would support every component of the complaint. Also, the employee should identify witnesses who may provide relevant information that may help in the investigation.
The investigator has to address any fears that the worker has about continuing to work with the accused employer. Then, the investigator has to speak to the identified witnesses (Ronalds et al., 2012). The desire to acquire complete information should balance against the desire to maintain the employer’s reputation and the complaint’s confidentiality. The investigator is only allowed to reveal as much detail of the claim to the witnesses as reasonably essential to bring out the required information.
The discriminator should also be given a chance to respond to the accusations against them and to provide documents and identify witnesses to support their side of the story. Different materials might be appropriate to a discriminatory complaint. The papers can enable the investigator to substantiate the claims of one party and raise the credibility matters that will be addressed. All the parties in the investigation must comprehend that the company will not hit them back because of their participation (Ronalds et al.,2012). The investigator has to repeat this policy while conducting the interview. He should notify all the workers on how to report any issues of retaliation. A company will be careful to avoid even the slightest of retaliatory treatment while dealing with the complainant.
The U.S. employment laws that were violated in the case study scenario, how the rules were broken, and the change(s) that I would make to minimize future occurrences of these violations.
In the above case study scenario, the law that was violated was The Americans with Disabilities Act (ADA). The law forbids the discrimination against individuals with disabilities and warranties equal opportunities in transportation, local and state government services, employment, telecommunications, and public accommodations. The first section of this law relates to aemployment (Rumrill,2010). It prohibits covered managers from discriminating against individuals with disabilities in all activities that are related to work. The activities include firing, pay, hiring, benefits, and promotions. The covered managers include educational institutions, labor organizations, private businesses, local and state government entities, and employment agencies with more than 15 workers (Rumrill,2010). The law was violated in that the manager discriminated against Kenan, who has a physical disability by paying him less than what the other employees were paid. To minimize future occurrences of these violations, adjustments should be made to the performance management systems. They should include clear performance standards, dependable performance feedback, correct measures, clear performance expectations, and consistent application of these standards to every employee. Employees work more efficiently when they know their manager’s expectations. Also, their efficiency increases when they understand that their performance will be measured against a reasonable standard that is used even-handedly. If performance management is done effectively, discrimination will be avoided, and the business objectives of the employers will be met.
References
Ronalds, C., & Raper, E. (2012). Discrimination law and practice. Federation Press.
Rumrill, P. D. (2010). Employment issues and multiple sclerosis. ReadHowYouWant. Com.
Wiener, R. L., & Willborn, S. L. (2011). Disability and aging discrimination. New York, NY: Springer.