Disciplining Employees Who Violate Discrimination Laws

 

Consider the following scenario:

Rachella Ramirez is the Marketing VP for Sunbright T-Shirt LLC (STS). The company makes trendy t-shirts and sells them in mall kiosks, on Amazon, and on Woot.com, throughout the U.S. STS has 250 employees and is rapidly growing. However, the “new product line” division is struggling, and Rachella feels it is due to too many older employees who are not up on the new trends of their customers. She decides to do a few things to fix the problem. Here are her actions:

She creates 20 job openings in the new product division. She then directs her recruiting specialist to post the jobs on Indeed, Monster, and on a garment association website, stating that STS is looking for “recent college graduates with product design, marketing, or fashion design” degrees to help design new t-shirts.

She sends a note to the current department head of the product design team to downgrade all of his over 55 employees’ performance reviews this year so that none achieve more than a 3 on a 5-point scale.

She is overheard by two employees, who are over 55, talking on the phone to the CEO, saying: “I know—that product design team is a real problem. When do you think these baby boomers will ever start retiring?” Then, after a pause: “Don’t worry—I have this figured out.”

She puts together a voluntary early retirement package for all workers who are 55 and over, and who have worked for the company for more than 10 years, and sends it out to all of those workers. For each of the workers who does not take the offer, she works with HR to start them on performance plans as a result of their lowered performance evaluations.

As the HR Director, you recently learned of Ms. Ramirez’s behaviors and will write a 2- to 3-page memo to the CEO that will recommend either terminating or disciplining Rachella Ramirez, the Marketing VP, in this week’s Discussion.

To complete this Assignment, your memo should include the following:

An introduction which briefly explains the situation and addresses the difference(s) between potential disparate impact and disparate treatment.
A review of the laws involved in the situation, i.e., age discrimination laws relevant to termination in the workplace and how they were violated by Rachella’s behaviors.
A recommendation of whether Rachella should be terminated or disciplined, and why.
A draft of the written memo you would recommend be given to Rachella to support your decision to either discipline or terminate her.

Other sources:
https://www.eeoc.gov/age-discrimination
https://www.businessnewsdaily.com/10726-how-businesses-can-avoid-age-discrimination.html
https://www.upcounsel.com/disparate-impact

 

 

 

Sample Solution

 

Dynamic

Foundation: Minority ladies efficiently experience financial weaknesses, which place them even with more prominent hindrances in achieving ideal wellbeing. Roughly 44 million ladies in the United States, about 33% of all ladies in America, self-recognize as ladies of a minority racial or ethnic gathering. However, minority ladies toll more regrettable than non-Hispanic white ladies over an expansive scope of measures, with the absolute biggest variations being that of HPV-related cervical malignant growth mortality. Objective: The goal is to underline the hindrances of consideration in connection to cervical disease screening and HPV immunization, just as look at examples in obstructions like statistic, social, and wellbeing conviction factors among minority women.Methods: The information accumulation survey and procedure depended on article audit factors that were related with HPV antibody adequacy, commencement, and arrangement culmination among pre-adult and youthful grown-up ladies of various racial, ethnic, and financial gatherings in the United States. Results: Selected qualities of the included investigations fought that an expected 12,000 ladies are determined to have cervical malignant growth every year in the United States, and 4500,000 ladies overall create cervical disease every year. Higher rates of cervical disease are found in US areas with huge minority and devastated populaces. End: It is basic for clinicians to advance minority ladies screening and early recognition. Further mediation models need to reflect multifactorial determinants of screening use.

Presentation

Foundation

While there have been walks in HPV and cervical disease anticipation endeavors, numerous minority ladies in all cases still experience huge boundaries to mind. For instance, ladies from country and poor networks will in general have wellbeing absence of education concerning their very own self-care, which additionally incorporates their doubt for the medicinal services framework. Moreover, numerous minority ladies essentially need money related access to mind. Financial detriments (for example race, class, sexual orientation, instruction, occupation, and so on.) are the fundamental issues. Despite the fact that numerous wellbeing endeavors are made by wellbeing experts, and wellbeing repercussions like enlightening innovations and deterrent consideration methodologies have been accomplished, there is a constant financial and racial irregularity with both the finding and treatment of cervical disease, particularly the strains legitimately impacted by HPV.

Explicit Aims

Our particular points are to initially distinguish Health care hindrances and difficulties to cervical malignancy screening and HPV inoculation inside the number of inhabitants in minority ladies. We additionally need to reveal minority ladies, social insurance supplier and medicinal services framework chance elements for cervical disease screening and HPV inoculation, just as, human services difficulties and openings in improving cervical malignancy screening rates among minority ladies. In conclusion, we need to pinpoint the medical attendants’ jobs in averting cervical disease in underserved racial or potentially ethnic populaces.

Strategies

Inquiry Strategy

In June 2017,we looked four electronic bibliographic databases (Google researcher, Medline, Pubmed and Cinahl) utilizing the hunt terms ‘HPV’ ‘cervical malignancy’ ‘pap smear’ ‘minority ladies’ ‘ethnic ladies’ and ‘wellbeing differences’. The majority of the investigations distinguished amid the database look were surveyed for significance to the audit dependent on the data gave in the title, conceptual, and portrayal of watchwords and terms. A full report was recovered for all investigations that met the incorporation criteria.

Incorporation Criteria

The information accumulation audit and procedure depended on article survey factors that were related with HPV antibody worthiness, commencement, and arrangement finishing among youthful and youthful grown-up ladies of various racial, ethnic, and financial gatherings in the United States.

We surveyed important companion looked into and proof based subjective writing so as to distinguish current inoculation patterns, rates and factors related with HPV and cervical malignancy. Study discoveries an identified with race (dark, Latina, Asian), and financial burdens were condensed.

Qualification Criteria

Understanding flow immunization patterns and the boundaries to arrangement commencement and fruition, the Centers for Disease Control and Prevention (CDC) prescribes that 11 to multi year old teenagers get two dosages of the HPV antibody so as to secure against themselves against tumors that are brought about by HPV. The HPV immunization arrangement can be given to young ladies starting at age 9 years of age, yet numerous guardians trust this age is unreasonably youthful for an explicitly transmitted ailment inoculation. Moreover, it is prescribed by the CDC that young ladies and ladies age 13 through 26 years old who have not yet been inoculated or finished the antibody arrangement to be given the HPV immunization quickly to give HPV-malignant growth related assurance.

In comprehension HPV inoculation parameters, it is fundamental that we also perceive holes in learning and every one of the misinterpretations encompassing HPV immunization and cervical disease. At the point when the immunization is offered before HPV introduction, it is profoundly successful in keeping contamination from two high-chance genotypes (HPV-16/HPV-18) of HPV, which causes roughly 70 percent of cervical malignant growths, and two generally safe (HPV-6/HPV-11) genotypes that are in charge of more than 90 percent of every single genital mole.

As we surveyed the fittingness of our criteria advantages, we concentrated on Black/African-American, Latina and non-white pre-adult ladies age 12-26, minority high schooler ladies detailed having sex, juvenile ladies who have finished pubescence, and low salary and medicinal services uneducated young ladies, who are excessively uninsured or have restricted access.

Quality Assessment

The methodological quality is huge to our investigation. It was composed and nitty gritty arranged. It displayed proof that there is a requirement for expanding HPV immunization among youthful minority ladies. The inability to accomplish evenhanded immunization has exacerbated wellbeing variations in HPV and cervical disease occurrence and mortality. Research recommends that low-pay and minority ladies are distraught because of the distinction in cervical disease screening, practices and convictions, just as social insurance get to hindrances and foundational chance components.

We utilized the ‘Exploration and Quality Scoring Method’ by Sackett and Haynes, the Jadad scale, and the things distributed by Cho and Bero to rate the nature of each investigation (Table 1). The scope of absolute quality scores was from 0 to 9. Concentrates that extended from 0 to 5 were viewed as low quality, though thinks about that ran from 6-9 were viewed as high caliber. Two raters freely coded factors utilizing Microsoft Excel. Inconsistencies were distinguished and settled among our colleagues.

Table 1. Concentrate quality appraisals

Factual Analysis

Race/ethnicity and low financial status are known indicators recently organize analysis of cervical disease and are vital indicators of malignant growth mortality.

In the United States, roughly 12,000 ladies create cervical malignancy and 44000 kick the bucket of the malady every year, with higher frequency and death rates announced in low-salary minority populaces.

HPV immunization has been appeared to diminish the commonness of high-hazard HPV contamination among youngster ladies and along these lines, can possibly diminish the dangers of cervical malignant growth among inoculated young ladies.

As indicated by going before reconnaissance and subjective investigations, it is shown that a decrease in the yearly rate of high-grade cervical malignant growth, from 834 for each 100,000 of every 2008 to 688 for each 100,000 out of 2014, among ladies matured 21 to 24 years, which mirrors the effect of HPV immunization. In any case, decreases were not critical in zones with high extents of minority ladies (i.e blacks, Latinas) or potentially individuals living in low-salary zones.

Results

Included Studies

The hunt yielded almost 500 potential article titles for survey, yet under 70 were applicable to our interests. What’s more, of that 70, around 20 were dated inside the most recent 10 years. In like manner, under 20 appeared to be increasingly normal for our examination advantages and gave sufficient data to our exploration question.

Depiction of Studies

Chosen qualities of the included examinations fought that an expected 12,000 ladies are determined to have cervical malignant growth every year in the United States, and 4500,000 ladies overall create cervical disease every year. In the United States, cervical malignancy frequency is almost twice as high in provinces with destitution levels > 20% contrasted and those with neediness levels <10%, and cervical disease rate and mortality are 25% and 95% higher, separately, among dark ladies and 53% and 41% higher for Latina ladies contrasted and that of white ladies. Rates of cervical malignancy are conversely relative to screening and treatment access, and poor and minority ladies face more hindrances to medicinal services get to. Along these lines, higher rates of cervical disease are found in US districts with huge minority and devastated populaces.

Quality Assessment

It is pivotal to comprehend current inoculation patterns and hindrances to the HPV immunization arrangement inception, so as to impact viable methodologies to improve HPV antibody fruition and to diminish inconsistencies in cervical malignant growth.

All investigations evaluated writing audit expects to recognize obstructions and facilitators of impartial take-up of HPV inoculation and cervical malignant growth counteractive action among low-salary and ethnic minority young ladies. Result measures uncovered that around 44 million ladies in the United States, about 33% of all ladies in America, self-recognize as ladies of a minority racial or ethnic gathering. Therefore, it is basic that we improve HPV inoculation rates generally speaking, yet additionally center around high-hazard populaces to keep an expansion in HPV and cervical malignancy inconsistencies.

Evaluation techniques and reasonings fluctuated between studies.

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