Mitigating Legal Issues

Mitigating Legal Issues

HRM 599

A Growing Small Business

Create A Diversity Policy For Your Selected Company To Mitigate Discrimination On The Basis Of Race, Color, Religion, Sex, National Origin, Sexual Orientation, Etc. And To Promote A Diverse Workplace.

At Radio Flyer, we recognize that each of us is distinctive and our differences strengthen our organization (Diversity, 2015). Our differences impact our outlook, how we think and learn and how we interact with each other (Diversity, 2015). Radio Flyer values all backgrounds and embraces the similarities and differences of people, cultures and ideas (Diversity, 2015).

Radio Flyer Inc. is committed to providing a work environment for all employees that is welcoming, respectful and engaging, with opportunities for all (Diversity, 2015). We embrace and encourage our employees’ differences in age, color, disability, ethnicity, family or marital status, gender identity or expression, language, national origin, physical and mental ability, political affiliation, race, religion, sexual orientation, socio-economic status, veteran status, and other characteristics that make our employees unique. (Diversity Policy, 2014) It is through working together that we will achieve our Mission to bring smiles to kids of all ages and to create warm memories that last a lifetime (Diversity, 2015).

Diversity means eliminating barriers to ensure that all potential team members are treated fairly, including being considered for the employment of their choice and having the chance to perform to their maximum potential. Workplace diversity fosters mutual respect among employees (Mayhew, 2015).

Radio Flyer Inc.’s diversity initiatives are incorporated into the following practices and policies:

Recruitment and selection;

Compensation and benefits;

Professional development and training;

Promotions, transfers, social and recreational programs;

Layoffs and terminations (Diversity Policy, 2014).

The ongoing development of a work environment assembled on the premise of gender and diversity equity will strive to encourage and implement:

Respectful communication and collaboration between all employees;

Teamwork and employee involvement, allowing the representation of all groups and employee perspectives;

Work/life balance through flexible work schedules to accommodate employees’ variable needs;

Employer and employee contributions to the communities we serve to encourage a greater understanding and respect for the diversity (Diversity Policy, 2014).

All employees of Radio Flyer Inc. have an obligation to treat others with dignity and respect at all times (Diversity Policy, 2014). All employees are expected to exhibit conduct that reflects presence during work, at work functions on or off the work site, and at all other company-sponsored and participative events. All employees are required to attend our annual diversity awareness training to increase their knowledge to achieve this responsibility. This policy is fully supported by senior management and will be monitored and reviewed annually.

This policy will be implemented within the framework of the following federal laws:

Any employee found to have demonstrated any inappropriate conduct or behavior against others may be subject to disciplinary action.

• Title VII of the Civil Rights Act of 1964 (Title VII)
• The Pregnancy Discrimination Act
• The Equal Pay Act of 1963 (EPA)
• The Age Discrimination in Employment Act of 1967 (ADEA)
• Title I of the Americans with Disabilities Act of 1990 (ADA)

Employees who believe they have been exposed to any form of discrimination which violates the company’s diversity policy should seek support from their supervisor or an HR representative. 

Create A Sexual Harassment Policy For Your Selected Company To Address A Sexual Harassment Complaint. Cover Both Quid Pro Quo And Hostile Work Environment Types Of Harassment In Your Policy.

The objective of Radio Flyer Inc. in executing and implementing this policy is to define workplace sexual harassment, prohibit it in all forms, install suitable disciplinary measures in the case of violations, and provide procedures for lodging complaints about conduct that violates this policy and investigating sexual harassment claims (Sexual Harassment Policy and Complaint/Investigation Procedure, 2014).

Sexual harassment is prohibited in the workplace or any other environment that is related to the workplace. Sexual harassment is defined by the Equal Employment Opportunity Commission as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or produces an intimidating, hostile, or offensive work environment (U.S. Equal Employment Opportunity Commission, 2015).

According to the U.S. Equal Employment Opportunity Commission, sexual harassment can ensue in a variety of circumstances including, but not limited to the following:

The victim as well as the harasser may be a woman or a man and does not have to be of the opposite sex;

The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in department, a co-worker, or a non-employee;

Anyone affected by seeing or overhearing the offensive conduct can also be a victim;

Unlawful sexual harassment may occur without financial injury to or release of the victim;

The harasser’s conduct must be unwelcome (U.S. Equal Employment Opportunity Commission, 2015).

Sexual harassment encompasses a wide range of conduct. The two types of sexual harassment listed under Title VII of the Civil Rights Act of 1964 are quid pro quo and hostile work environment. Some examples of specifically prohibited conduct include:

Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body;

Unwanted sexual advances, suggestions or other sexual comments including but not limited to, sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience;

Special treatment or promises of special treatment to an employee for yielding to sexual conduct, including soliciting or attempting to solicit any employee to participate in sexual activity for compensation or reward;

Exposing, or threats of exposing, an employee to unwelcome sexual attention or conduct or deliberately making performance of the employee’s job more challenging because of that employee’s sex;

Sexual or discriminatory displays or publications anywhere in Radio Flyer Inc.’s workplace by Radio Flyer Inc.’s employees;

Retaliation for sexual harassment complaints (Sexual Harassment Policy and Complaint/Investigation Procedure, 2014).

Any Radio Flyer Inc. employee in a supervisory position who uses or condones implicit or explicit sexual behavior to control, influence, or affect the career, pay, or job of another employee is engaging in sexual harassment. Equally, any Radio Flyer Inc. employee who makes deliberate and continuous unwelcome verbal comments, gestures, or physical contact of a sexual nature is also engaging in sexual harassment.

No individual employed at Radio Flyer Inc. shall:

Commit sexual harassment;

Take reprisal action such wrongful threatening or taking unfavorable action against an individual who reports sexual harassment or who provides information of an alleged incident of sexual harassment;

Knowingly makes a false accusation of sexual harassment;

While in a supervisory position, condone or ignore sexual harassment of which he or she has knowledge or has reason to have knowledge.

Each level of leadership will be fully utilized, and cases of sexual harassment will be resolved at the lowest possible level within the organization. Furthermore, it is the responsibility of every leader at Radio Flyer Inc. to confirm that any occurrence of sexual harassment is handled swiftly, fairly, and effectively. If Radio Flyer Inc. employees believe they have been subjected to sexual harassment or any unwelcome sexual attention, they are encouraged to address the situation directly and immediately with the harasser. If the inappropriate conduct continues, or if the employee does not feel comfortable addressing the alleged harasser directly, he or she should report the incident to their supervisor or Human Resource Manager.

Combining an internal orientation with a cost leadership strategy results in what we will call a

Loyal Soldier HR strategy

. We chose this label because thisstrategy emphasizes hiring and retaining loyal employees who do whatever thecompany asks of them. Organizations with this strategy design work so that employees have broad roles and perform a variety of different tasks. Peopleare recruited and hired because they fit the organization culture and becauseof their potential to become loyal employees. Efforts are made to satisfy theneeds of employees and build a strong bond that reduces the likelihood of employee turnover. Organizations with this human resource strategy hirepeople early in their careers and provide them with extensive training in anumber of different skills. Careers often include a number of very different positions, with promotions often made into positions that are not closely related to previous experiences. Performance appraisals are designed to facili-tate cooperation rather than competition. Compensation includes long-termincentives and benefits and is often linked to the overall performance of theorganization. Unions, which can help build feelings of unity, are frequently observed in these organizations.

Combining an internal orientation with a cost leadership strategy results in what we will call a

Loyal Soldier HR strategy

. We chose this label because thisstrategy emphasizes hiring and retaining loyal employees who do whatever thecompany asks of them. Organizations with this strategy design work so that employees have broad roles and perform a variety of different tasks. Peopleare recruited and hired because they fit the organization culture and becauseof their potential to become loyal employees. Efforts are made to satisfy theneeds of employees and build a strong bond that reduces the likelihood of employee turnover. Organizations with this human resource strategy hirepeople early in their careers and provide them with extensive training in anumber of different skills. Careers often include a number of very different positions, with promotions often made into positions that are not closely related to previous experiences. Performance appraisals are designed to facili-tate cooperation rather than competition. Compensation includes long-termincentives and benefits and is often linked to the overall performance of theorganization. Unions, which can help build feelings of unity, are frequently observed in these organizations.

Develop A Training Plan To Communicate One (1) Of The Policies You Created To The Company’s Managers, Staff And Employees.

Course Name: Radio Flyer Inc.’s Sexual Harassment Training Plan

Course Description: The purpose of the training is to identify, stop, and prevent sexual harassment in the workplace; as well as, understand the organization’s policy and procedures for responding and reporting incidents of sexual harassment.

Length of Time: 1 hour and 30 minutes

Expected Class Size: 25 employees

Target Audience: All Radio Flyer Inc. Employees

Resources:

Course Objectives:

• Radio Flyer Inc.’s Sexual Harassment Policy;
• Video on how to identify, stop, prevent Sexual Harassment;
• Handouts defining key terms;
• Handouts detailing the procedures for reporting sexual harassment.

Employees will be able to:

Course Activities or Modules:

• Define sexual harassment;
• Identify the two different types of sexual harassment;
• Understand why it is important to prevent sexual harassment in the workplace;
• Describe the Radio Flyer Inc.’s policy and procedures for responding and reporting incidents of sexual harassment;
• Understand their responsibilities under Radio Flyer Inc.’s policy and procedures.

References

Diversity. (2015). Retrieved from http://www.radioflyer.com/content/diversity

Diversity Policy. (2014). Retrieved from http://www.shrm.org/templatestools/samples

/policies/pages/diversitypolicy.aspx

Mayhew, R. (2015). Why Is Diversity in the Workplace Important to Employees? Retrieved

from http://smallbusiness.chron.com/diversity-workplace-important-employees-

10812.html

Sexual Harassment Policy and Complaint/Investigation Procedure. (2014). Retrieved from

http://www.shrm.org/templatestools/samples/policies/pages/cms_000554.aspx

U.S. Equal Employment Opportunity Commission (2015). Facts about sexual harassment.

Retrieved from http://www.eeoc.gov/eeoc/publications/fs-sex.cfm