DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

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DB-FPX8410 Addressing Problems in Human Resources and Compliance

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Executive Summary

This report was requested by senior management, with the primary objective being to analyze several employee complaints and assess the risk they may pose to your company. To better understand the risk environment, a risk assessment was performed. It is your legal responsibility to investigate all workplace allegations of discrimination, harassment, and noncompliance with the law promptly. This includes allegations of violations of company policies. Relevant information has been organized, and each complaint is detailed in the analysis table enclosed with this report.

What We Recommend

Focus on the complaints that pose the highest risk and exposure to your company. This approach will benefit your overall business strategy. Since higher-risk complaints have the biggest impact and can present the greatest value loss, it is logical to direct all attention and resources to those complaints first. To begin mitigating future risks, the following actions are highly recommended:

• Implement and provide training to Human Resources, managers, supervisors, and employees on Equal Employment Opportunity (EEO) laws and company policies to streamline communication consistency.
• Monitor employee appraisals and compensation packages to ensure consistency and to identify any patterns of potential discrimination.
• Promote and encourage an environment that fosters open communication so that misunderstandings can be detected early.
• Provide clear and credible policies on retaliation and anti-harassment, assuring employees that their complaints will be confidential and investigated promptly.

Our Methodology

We based our recommendations on the following:

• Published laws and regulations by bodies such as the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and other governmental entities.
• Analysis of emerging trends among the gathered complaints.

What We Covered

Complaints were gathered from three sites: Illinois, Georgia, and Alabama. There are 30 complaints in total, ranging from low to high in terms of the severity of legal risk, with low being the least legal exposure and high being the greatest. Once these complaints were entered into the table, they were thoroughly analyzed to understand the severity of the issues and to determine the appropriate course of action needed to resolve them. Careful documentation and confidentiality are crucial for the proper management of Human Resources (Schrimsher & Fretwell, 2012). A brief overview of each complaint was entered into the table.

After reviewing the data, we determined that a considerable number of complaints could be in direct violation of several laws, including OSHA, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 (US Equal Employment Opportunity Commission, 2021).

DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

According to the analysis chart, there are several high-risk exposure claims. Notably, there are over five wrongful death claims, four of which allege that your company was negligent in providing a safe workplace. These claims state that employees contracted COVID-19 and died as a result. Additionally, four claims, including one from an anonymous employee, suggest potential violations of current OSHA guidelines. Under the OSH Act, you are responsible for providing a safe and healthy environment for your workers (United States Department of Labor Occupational Safety and Health Administration). If proven negligent, these cases may pose significant legal risks for your company (Gjelten, n.d.).

Charles Jackson’s case may also present high legal exposure. Mr. Jackson, a long-standing physically disabled Data Entry Clerk, claims he was fired for not being able to perform his tasks accurately. He was told he is not efficient due to the increased workload caused by the limited workforce during COVID-19 and was given a 30-day notice instead of the required 60-day notice. This case could fall under violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (Northern Illinois SHRM, 2020), as well as potential violations of the Age Discrimination Act (U.S. Equal Employment Opportunity Commission, 2021).

DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

Another possible high exposure case is that of Amare Kwame. Mr. Kwame, an Engineer, states that only people of color (African Americans, Latino, etc.) were called back to the office, and the Chief Engineer stated that he was “strictly prohibited from coming to the office because we are told white lives matter.” If these allegations are proven true, your company could be in violation of Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, 2021).

The COVID-19 pandemic has highlighted the complexity and magnitude of growing risks for businesses. This unprecedented natural disaster has set a new normal that will impact all businesses (Am et al., 2020). While COVID-19 has caused fluctuations in the workplace, it does not excuse negligence or the neglect of employee voices. You must meet these challenges by mitigating risks immediately and conducting strict investigations to resolve complaints promptly.

References

Am, J. B., Furstenthal, L., Jorge, F., & Roth, E. (2020). Innovation in a crisis: Why it is more critical than ever. https://www.mckinsey.com/business-functions/strategy-and-corporate-finance/our-insights/innovation-in-a-crisis-why-it-is-more-critical-than-ever

Gjelten, E.A. (n.d.). Can you sue your employer if you were exposed to COVID-19 at work? https://www.alllaw.com/articles/personal-injury/suing-your-employer-over-lack-of-ppe-or-exposure-to-covid-19.html#:~:text=Still,%20there%20are%20limited%20exceptions%20to%20the%20workers%E2%80%99,employer%E2%80%99s%20intentional%20wrongdoing,%20as%20opposed%20to%20mere%20negligence

Northern Illinois SHRM (2020). What You Should Know About the ADA, the Rehabilitation Act, and Covid-19. https://nishrm.shrm.org/news/2020/03/what-you-should-know-about-ada-rehabilitation-act-and-covid

Schrimsher, M., & Fretwell, C. (2012). What small business owners should know about employment law. American Journal of Management, 12(2), 31–39.

DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

U.S. Department of Labor Occupational Safety and Health Administration. (2021). Protecting workers: Guidance on mitigating and preventing the spread of COVID-19 in the workplace. https://www.osha.gov/coronavirus/safework

U.S. Equal Employment Opportunity Commission (2021). Age Discrimination. https://www.eeoc.gov/age-discrimination

U.S. Equal Employment Opportunity Commission (2021). Race/Color Discrimination. https://www.eeoc.gov/racecolor-discrimination

U.S. Equal Employment Opportunity Commission (2021). Workplace Laws Not Enforced by the EEOC. https://www.eeoc.gov/workplace-laws-not enforced-eeoc