WGU- JDT2 Human Resources COMPLETE Work - Power Point

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HR.Task1

Memorandum concerning alleged religious discrimination

            Religious discrimination is similar to all discrimination and yet completely different.

 Discrimination is broadly defined by giving preferential treatment or undue hardship on another

 person due to their religion, physical impairment, race, marital status, ethnic back ground or a

number of other reasons. Religious discrimination is more difficult to access by appearance than

say physical impairment. A person in a wheel chair or with a foreign accent is easy to distinguish

 as in a protected class. Religious beliefs are the individual’s beliefs and it is only the individual

 that knows this belief. This fact puts more burden of evidence on the plaintiff. This is a choice

that the individual is allowed to change at any given moment. We must allow these choices to be

made  and accommodate but we must be made aware of the conflict.

            Religious discrimination is the lowest of all EEOC claims but this number has doubled in

 recent years (EEOC compliance Manual, 2008). It is obvious by the rapid increase in claims that

 a potential for unseen lawsuits may be developing within our organization without our deliberate

 attempt or without our knowledge. During World War II, the United States  confined thousands

of US citizens of Japanese descent. Currently, the climate in our country is one  of discontent

 with those of Muslim backgrounds or appearing of Arab descent. This fear by outsiders of those

 cultures stems from terrorist activities committed by that religious or ethnic group. This fear

began on September 11, 2001 when a major attack was perpetrated by those of Arab descent

upon the American people. That fear and reprisals is most likely a catalyst for the spike in

religious discrimination claims. This known result of  war demands that we as leaders in our

 industry make an example for others as to our commitment to abide by the laws of our land.

We cannot read employees minds but we are obligated to accommodate what we are

 aware of. An employee can file a law suit by perceived discrimination without justification.

We must be aware that this risk to our profitability and reputation can easily be remedied.

            This memorandum is being prepared with the intent to highlight the points of law that

pertain in a lawsuit which was filed against our company and our alleged indiscretions. These

 indiscretions could have occurred by either our ignorance of or deliberate violation of federal

 law. I wish to share some case law on the subject to determine if it was our ignorance or our

clear violation of the law. With limited specifics about the alleged complaint, I will concentrate

on following the letter of the law. I would not consider myself an expert in these matters.

 It is common sense for most people to treat others as you would like to be treated. The

laws and court decisions have followed this ideology. The main differentiation between treating

other’s as individual’s and the Equal Employment Opportunities Act provisions is different. As

 employer’s we are held to a higher standard. It is not just the civil rights act that we must

contend ourselves with, it is the separate federal legislation that pertains to employment. This is

 the law that we must abide by. It has become a common standard of employer’s who wish to

recruit desired employee’s to treat employees with indifference towards their personal

 background including but not limited to their religious preferences.

The term Constructive Discharge, could be described as constructing an environment that

 is difficult or impossible to perform the assigned job. If this resulting environment results in a

resignation or through a deliberate act of constructing a case to terminate an employee

violates a federal law we have to answer for these acts.

 In the case of religious discrimination, it is difficult for an employee to prevail in a law

 suit if that employee resigns without giving the employer due notice of an unknown conflict.

The majority of people would not believe that a deliberate attempt by the employer to construct

an environment that is so intolerable, that an employee would resign without giving the employer

any notice of such intolerable working conditions.  A simple notice of a company policy to

management that causes undue hardship or conflict that violates the individual’s religious beliefs

 would suffice. The employee must inform management prior to resignation. This reasonable

 request or requirement would allow the employer to make reasonable accommodations. If an

employer is tolerant of all religious beliefs and is willing to accommodate specific needs of

individuals, it is still impossible to read minds of every employee and know every special

religious belief. This given fact puts more burdens on the plaintiff to prove deliberate acts

perpetuated by the employer to cause hardship or conflicts with an individual’s right to practice

 their religion as they perceive it to be practiced. Not the employer’s belief on practicing religion.

 CONSTRUCTIVE DISCHARGE UNDER TITLE VII AND THE ADEA. The Case

 Law on Constructive Discharge 1. The Reasonable Person Test. The majority approach

holds that an employee has been constructively discharged if an employer's

discriminatory acts result in working conditions so in- tolerable that a reasonable person

 in the employee's position would feel compelled to resign (Finnegan, 1986, pg 563).

There is a substantial amount of case law that addresses the burden of proof on to

 the plaintiff. The predominant underlying question within the cases below is, was the employer

deliberate in its actions? Was the action by the employer aimed to cause a conflict to a specific

individual? If we as an employer make a decision to benefit the company and employees, was it

intended to alienate an individual or certain individuals to cause a conflict.

Title VII. See ADEA 4, 29 U.S.C. ? 623 (1982); infra note 92 and accompanying text.

8 See, e.g., Bourque v. Powell Elec. Mfg. Co., 617 F.2d 61, 65-66 (5th Cir. 1980). 9 509

 F.2d 140 (5th Cir. 1975). 0 Id. at 144. " See, e.g., Thompson v. McDonnell Douglas

 Corp., 552 F.2d 220, 223 (8th Cir. 1977). 1578 F.2d 95, 98 (5th Cir. 1978) (the district

court's conclusions "should be expanded to reflect ... that  the actions which caused

Calcote's working conditions to be intolerable were deliberate");

See EEOC v. Hay Assocs. 545 F. Supp. 1064, 1085 (E.D. Pa. 1982). 18 617 F.2d 61, 65

(5th Cir.1980). 4 See, e.g., Junior v. Texaco, Inc., 688 F.2d 377, 379-80 (5th Cir. 1982)

HR.Task 2

Develop an action plan for Anne Ewers by doing the following:  

1.      1.      Analyze the financial and leadership strengths and weaknesses of the Utah Symphony before the merger.

Before the merger the Utah Symphony dealt with many financial issues. A major financial weakness with the symphony is its inability to negotiate the salaries of the employees. All of the symphony’s employees are under contact which leaves them with the financial burden of having to pay salaries regardless of the ticket sales. A financial strength of the symphony was the above average endowments. The symphony was considered to be at the high end of a Group II symphony orchestra and received an above average endowment for its status. A leadership strength for the symphony was the fact that they had two leaders, one for its musicians, Keith Lockhart, and Scott Parker, who was the chairman of the board. The symphony’s CEO announced his resignation in 2002, which is a leadership weakness. Having to replace a CEO in an organization like the symphony is a difficult task. Finding a professional and seasoned individual to be the CEO of the symphony was a major issue for them during this time of duress.

Prior to the merger, Utah Symphony struggled with several financial difficulties including a predominant weakness characterized by its inability to negotiate contracted employee’s salaries.  This is a PR weakness because it prevented them from any flexibility regarding ticket sales as they were obligated to pay those salaries regardless.  However, a major strength for the symphony was that they were in the Group II category with the distinction of receiving above average endowments for this classification.

PR strengths include the fact that Utah Symphony had a solid reputation for being a renowned world class symphony and one of the first to ever do international tours.  This reputation was developed under the well respected names of Abravanel, followed by Parker who have both led the organization to this world renowned success.   In addition to Parker, the symphony also had the strong leadership of their chairman of the board: Keith Lockhart, who was held in high regard by staff members and musicians. 

A1a) Recommend the key steps Anne should take to address these weaknesses to ensure a      successful start of the merger.

First, Anne will need to take a comprehensive look at the financial aspects of the symphony and find solutions that could reduce their deficit without increasing ticket prices, yet while maintaining the integrity of the their Group II endowment status.  Additionally, maintaining the existing leadership would be a wise decision. For example, due to Keith Lockhart’s positive relationships with staff members and musicians, she would inspire trust and support by keeping him on and rewarding him through recognition of  his prior merger efforts.

Anne will also need to develop a plan of action that will address and remedy the aforementioned weaknesses, as well as build upon its existing strengths.  One example of a way to approach this plan is to analyze the existing organizational structure and ensure that key staff are in the right positions to help lead the new organization to future success.  Providing training and clearly defining their leadership roles will be essential in putting this plan of action in motion.

Along with providing training to key staff, Anne should consider implementing a training program that will develop future staff and prepare them for taking on new roles.  For example, through this type of mentoring, or cross training, the burden they faced with the CEO leaving would be minimized through a training and development program.

Finally, and most critical to the future financial success of the organization, the contracted employees will need to become regular employees in order for them to have negotiating power.  Negotiating power will give them a voice in the voting process regarding salary negotiations.   For example, if the salaries can be flexible the symphony can save money by adjusting the salaries according to the budget.  This is important for a couple of reasons.  First, having contracted employees eliminates their ability to attract and recruit the best performers and impedes their ability to heighten the level and quality of performances.  More importantly, without the flexibility to adjust salaries according to budget, economies of scale will not be achieved. 

This will prompt further steps to be taken by ensuring the Board of Directors and the Leadership team have a clear vision regarding the future success of the organization and how to get there.   

HR.PPX