Is It Legal To Set Quota For Hiring By Race Or Ethnic Background - Management Assignment Help

Assignment Task

1. In order to create a more diverse workforce, Google decides to make a significant effort to recruit Latino and African American people to its workforce. Of the 1500 people they intent to hire this year, they are setting a goal of 500 Latinos, 500 African Americans, and 500 Caucasian or Asian Americans (who are already well represented in the workforce). Is this legal? 
Legal Issue: Is it legal to set quota for hiring by race or ethnic background?
Law: It is illegal to discriminate based on race or ethnic background under Title VII of Civil Rights Act of 1964. It is not illegal to consider race/ethnic background in affirmative action but quota is not legal.
Analysis and Decision: Google can not use specific quotas under the law.

• You are an employee at will and work as a tax accountant for a major corporation. While your company always complies with the tax laws they are known to be very aggressive and “push the envelope”. Despite being audited by the IRS the company has never been found to have knowingly violated the tax code. You have consistently disagreed with your supervisor about the company’s aggressive tax accounting techniques. Your supervisor decides to hire someone who shares his philosophy on taxes and terminates you. Do you have a case for wrongful discharge?

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• You apply for a position at a manufacturing company that runs 24/7 (24 hours per day, 7 days per week).Everyone who works there has to work either on Saturday or Sunday each week, but not both in the same week. Employees may also alternate between Saturdays and Sundays, as long as they work one of those days each week. You are a devout family person and a devout Catholic who has always attended Mass with your family every Sunday. On Saturdays, you coach in your child’s soccer league, have done so for years and believe it is an important part of being a good parent, and that being a good parent is one of your Catholic obligations. You tell the employer this and they reject you for the position because you will not work on Saturday or Sunday. Can you sue and win?

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• You take a job as a salesman for a software company in Florida. Your territory is limited to the state of Florida and part of Alabama. You do not have an employment contract but are still asked to sign a non-compete. The non-compete prohibits you from accepting another sales job in the states of Florida and Alabama for 3 months. Your brother runs a beer distributor and hires you to manage sales for the southern region which includes Georgia, Alabama, Louisiana, and Florida. Your old company finds out about this and sues to prevent you from taking the position. Will they win?

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• Stinko Airlines offers cheap fares but no amenities. They are known for dirty planes, that are normally late arriving. They do not serve food, they don’t even have snacks or pillows but they have the lowest prices of any airline. Their customers are almost exclusively young people who are headed to bachelor parties or bachelorette parties. In order to distract their customers from the poor condition of the planes, they only hire attractive young people, under the age of 25, to be flight attendants. I am 50 and have a number of years of experience as a flight attendant for Delta Airlines. As soon as I show up for the interview (and they can tell I’m older than 25), they simply tell me they aren’t interested because I don’t fit the desired profile. Do I have the basis for an age discrimination lawsuit? What possible defense does Stinko Airlines have?

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• Your work for a state agency that has recently (in the last few years) started to recruit many more women and minority candidates. Prior to this, everyone who worked there was basically a white male. The state agency has been growing steadily over the past few years but due to cutbacks, is going to start laying people off. The policy was changed this year so that the most recent people hired would be the first people fired. You are a minority candidate who was hired about 1 year ago and have done well in your only performance evaluation. Can you bring a lawsuit under Title VII and if so, what specific claim would you make?

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• Google has publicly announced that they are trying to recruit more people of color and more women in senior positions and have started a multi-year process to do so. Part of this effort is to recruit for new graduates in states colleges that have larger student populations of women and people of color. You submit your resume and you not only meet or exceed all the requirements. You are a white male student at one of these schools but are not invited back to Google for an interview even though you have higher grades than many of the students.

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• You are the only woman in an all-male department in an investment bank. The men in the department play a game where when a woman walks by (from another department), they shout out numbers from1-10 (basically rating the woman’s physical looks). You think it’s inappropriate but on occasion shout out a number as well so the guys think you are playing along. When it comes time for your annual review, your supervisor(who is male) tells you that you have the lowest sales number in the group (you do) and terminates you. You are an employee at will, just like everyone else in the department. You then decide to launch a sexual harassment lawsuit for a hostile work environment. Will you win?

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• You are an employee of a company and suffer from severe depression. You are granted periodic leaves of 1 to 2 week each year, based on your doctor’s recommendations. However, this year you requested a 3 month leave, returned to work for 1 month, then requested another3 month leave on the advice of your doctor. The company denied the request, and told you that you had to return to work or be fired. You did not return to work and were fired. Under the ADA, what would you (and your doctor) have to demonstrate about the leave requests and conversely, what would the company have to show in order to win the case under the ADA?

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• I run a small money management firm with 5 employees. I’m a horrible person to work for. You are a straight male but very thin and not athletic looking so I make fun of your lack of physical toughness and challenge your masculinity. You have gone to the Director of HR but he did nothing. You decide to go to the Federal EEOC and sue under Title VII of the Civil Rights Act of 1964 for sexual harassment. Will you win under the rules of Title VII?

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Law:

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• You are a woman and I am a man who work at the same company and do the same job. I have been at the company 5years longer than you have and also have an MBA, even though the job does not require an MBA. You discover that I make 10% more than you do. Is the company violating equal pay laws? Is either of these (being at the company longer or having an MBA) a viable reason for the company paying me more?

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