You are the new Compliance Representative in the HR Department. It is your primary goal to ensure the organization is compliant with laws and regulations in all areas including recruiting/hiring new people, employee safety, and fair labor practices for current employees. While you address compliance concerns in all departments, you report to the VP of Human Resources. Read the case study of Sarah Green and provide a two-part response to the VP of HR.
Part One: Read and analyze the scenario below. Write a report to the VP of HR summarizing the case and providing a clear argument that an EEOC act was violated. State which act applies to the case.
Part Two: Prepare an outline of a training session for hiring managers and for the pay and benefits specialists to prevent a repeat of the situation in the scenario.
Case Study
Sarah Green has been an accountant for 12 years. She worked in a small medical practice for two years after earning her BS in Accounting and then chose to work freelance for five years. For the past five years she worked at a large firm, Stokely and Associates, where she brought in more new clients than 92% of her colleagues and received a higher satisfaction score from clients than 90% of her coworkers.
Sarah had to move to a new city to care for her sick mother. This meant finding a new accounting position. She was excited to be hired at the large accounting firm, Parker and Mendez Accounting, LLC, right away. Unfortunately, she learned after 4 months that she was being paid less than her coworkers who had equal or less experience than she did. When she asked the hiring manager about the discrepancy, she was told that the organizations policy is to pay in a range based on previous pay. The hiring manager did admit to being surprised that her previous salary was at the low end of the expected range given her successes and performance reviews, but the policy is there for a reason and making an exception defeats the purpose of the policy.
After researching her industry and old employer, Sarah learned that her previous employer regularly paid women less than men even when the women had more experience or brought in more clients. Her current pay was impacted by this discriminatory practice.
The report to the VP of HR should include two parts:
Part One
A summary of Sarahs case.
Address which of the EEOC acts the previous organization violated.
An explanation of the ethical and legal obligations of the current organization.
A proposed solution for Sarah.
A proposed change in policy for determining starting pay at the current organization.
Part Two
An outline of a training session for all hiring managers and benefits and payroll specialists. Each of these sections should be included and explained briefly but with enough detail that the decision-makers reading the report are fully informed and can approve the training.
Summary of Sarah Green’s Case
Sarah Green, a highly qualified accountant with over 12 years of experience, was hired by Parker and Mendez Accounting. Despite demonstrably exceeding expectations, she discovered she was being paid less than colleagues with similar or less experience. When she inquired about the discrepancy, she was informed the company sets salaries based on previous salary, a practice perpetuating potential pay gaps from prior employers. Sarah suspects her past employer, Stokely and Associates, engaged in gender-based pay discrimination, impacting her current pay.
EEOC Act Violation
Based on the information provided, Sarah’s previous employer, Stokely and Associates, likely violated the Equal Pay Act of 1963, which prohibits pay discrimination based on sex. This act applies when men and women perform equal work requiring similar skill, effort, and responsibility under similar working conditions. Sarah’s success in client acquisition suggests she fulfilled these criteria, yet received lower pay than male colleagues.
Ethical and Legal Obligations of Parker and Mendez Accounting
Parker and Mendez Accounting has ethical and legal obligations to ensure fair and equitable pay practices. Basing starting salary solely on prior salary perpetuates potential historical discrimination. The company is legally obligated to comply with the Equal Pay Act and avoid perpetuating pay gaps based on factors like gender.
Proposed Solutions
Part Two: Training Session Outline
Target Audience: Hiring Managers and Pay/Benefits Specialists
Training Objectives:
Training Outline:
Additional Resources:
Conclusion (5 minutes)
By implementing these training sessions and revising the salary determination policy, Parker and Mendez Accounting can demonstrate a commitment to fair pay practices and avoid the legal and ethical ramifications of pay discrimination.