Example Discrimination Articles
You Be the Judge

Discrimination Articles - To make sure they were acknowledged on their birthdays

Jim Ross is a forty-three old manager for a call center.

The call center consisted of over 1800 employees with shifts around the clock.

Jim was responsible for 75 employees, which consisted of employees from all age, race, color, national origin, and sex groups.

Jim was highly respected by his employees and considered to be very fair. He went out of his way to make sure they were acknowledged on their birthdays by having a cake made at his own expense and brought in for everyone to enjoy. He also would present them with a personal birthday card.

Recently Jim was having performance problems with one of his female employees, Ms. Slowdown, who was sixty-one years old. She was not meeting the company goal of contacting at least 30 individuals a day to see if they were interested in an extended warranty on their vehicle. In the past she had always been able to meet the minimum goal but recently she was finding it harder and harder to accomplish it.

Jim told Ms. Slowdown that he would help her in any way possible, but she would have to meet this goal.

The following week it just happened to be Ms. Slowdown's birthday. She was now sixty-two years old.

He had been extremely busy that week and had forgotten to order a cake so he called another local bakery. He explained that he was in a pinch and needed a cake delivered right away. They told him no problem.

When they delivered the cake they took it right to the employee break room.

Everyone was already gathered in the break room when Jim arrived from his office. He immediately noticed that the age was clearly marked on the cake in huge numbers, along with all sixty-two candles.

He had clearly asked them not to put that on the cake.

Everyone in the room was making remarks like, Wow, Ms. Slowdown, your almost ready to retire. Or other comments like, I hope I'm not still here when I'm that old. Even one person remarked if we light all those candles someone better have the fire department standing by.

Jim told each one that made inappropriate comments to knock it off, but it was getting out of control.

When he followed up with the Bakery they explained that the person that took the order left for the day and someone else made the cake. That the person had called the company and someone had given them the age of Ms. Slowdown. They did not know who they had spoken with.

Ms. Slowdown called in sick for the next three weeks explaining that she was stressed out.

She later quit without notice.

Is Jim or the Company at risk for an EEOC claim?

What would you do if you were Jim?

Discrimination Articles - Mr. Doe is fifty-eight years old, married with four children

Mr. Doe is a regular hourly employee at the XYZ Company. He has been working in the Parts Department for the past eighteen years. Mr. Doe has a very good work history with the Company. Mr. Doe is fifty-eight years old, married with four children, and three grandchildren.

The Parts Department currently consists of seven full time male employees. One of their many responsibilities is to pull parts and prepare invoices for the delivery drivers that work for a different department within the company.

They recently hired a new delivery driver, Ms. Hill, who is a twenty year old female.

On the very first day she was picking up parts from Mr. Doe he stopped her and welcomed her. He told her if she ever needed anything at all that he would be there for her. He even offered his personal cell phone number to her, which she reluctantly excepted.

Once she was gone he informed his co-workers to treat her right. He explained to them that he was going to take a personal interest in making sure she got taken care of properly.

The next day when she arrived to pick up the parts for delivery Mr. Doe stopped her in the back this time and told her how good she looked in her uniform. She gave him a brief half smile and a very weak thank you.

When she tried to step around him he put his arm up and said I don't think you understand, I am here to help you if you let me. She said great and pushed her way through and left to make her delivery.

While she was gone Mr. Doe was telling everyone that Ms. Hill had a thing for him. He went on to say that when you got it, you just got it. He was telling them that he hoped his wife didn't hear about this because that would be trouble for everyone.

Later on that day when Ms. Hill returned to pick up more parts for deliver, Mr. Doe started referring to her as Babe. At one point he put his arm around her on her shoulder as she was attempting to go around him, and said control yourself Babe, were at work right now. She pushed his arm off and said get real. He responded by saying you know you want some of this. She didn't respond and walked out.

The next day she requested a transfer from her supervisor. She explained why she wanted to transfer; however, he refused to make it.

She quit on the spot.

Do you think there is cause for any type of EEOC claim for sexual harassment or hostile work environment?

What would you do if you were Ms. Hill's Manager?

Discrimination Articles - Thirty-five employees who are all Caucasian females

Mr. Smith who is the manager of the finance department for XYZ Company is currently recruiting for an open Accountant Position.

Mr. Smith has been the Department Manager for the past eight years. Currently his department consists of thirty-five employees who are all Caucasian females, ranging in age from twenty-four to thirty-one years old. Mr. Smith is fifty-three and has been responsible for hiring all his current employees.

Mr Smith has had to terminate only one employee in the past who was a forty-two year old male, who had been hired prior to his arrival. The records indicate that the employee was released for cause after receiving three written warnings from Mr. Smith for various reasons, within a three month period of time after Mr. Smith's arrival. On paper the warnings seem justified.

The current opening was created when a fifty-one year old female received a promotion within the company to another department. Mr. Smith was a key player in her getting the promotion.

After advertising for the Accountant position in the local paper and receiving fourteen resumes from what look to be qualified candidates, Mr. Smith decides to interview only two of them.

The candidates that Mr. Smith decided not to interview had college graduation dates and work experience that would have possibly made the candidate over forty years old. The one exception was with a male candidate that was most likely in his late twenties.

The two candidates that Mr. Smith did decide to interview were both females with a strong likelihood of being in their late twenties.

Upon interviewing both candidates, Mr. Smith discovered that one candidate was an African American and the other was a Caucasian. Although both candidates were highly qualified Mr. Smith decided to hire the Caucasian candidate.

Is Mr. Smith and/or the company at risk for a discrimination claim of any type?

These discrimination articles show a absolute need for peeling back the layers on any possible hint at discrimination!

Discrimination Articles - George was recently promoted to Supervisor

George was recently promoted to Supervisor of the Housekeeping Department. He had fifteen housekeepers that reported to him. Of these fifteen housekeepers, two were African American, three were Native American, two were females, and the rest were Caucasian males.

One of the African American males, Charles, had recently been assigned to a position where he had to shred documents. This was considered to be a better position, although the pay and title were not reflected in that.

Upon being assigned to the new duties, Charles, aggressively tried very hard to do everything well. In the process of trying to be quicker than anyone else the shredding machine jammed up twice in the first two days.

This created some issues with the maintenance personnel, but overall it wasn't a very big deal.

The unfortunate thing was that Charles was now nervous and requested to be reassigned.

George did reassign him immediately and Charles was very thankful.

Charles began overhearing comments that made him feel inferior. Comments like - He's back to just pushing a broom again! Other comments like - those guys are only good for one thing anyway!

Charles commented to George about some of these remarks that he was hearing, but George didn't react or respond to him about it.

Charles continued to hear all types of things and it was getting worse. Charles again commented to George but again he didn't say anything.

Charles began calling out sick about two days a week. When he left the message or spoke with George he told him it was due to stress.

George not wanting to pry into his personal life, decided not to ask any follow up questions.

Do you think that this situation is headed for an EEOC claim?

Again, here is another one of the above discrimination articles that shows how easy it may be to violate an individuals rights under the law by doing nothing.

The discrimination articles within this page are meant for the sole purpose of teaching you through examples. Hope they are helpful!

The two discrimination articles above although hypothetical are very close to true.

These are only two examples of the multiple discrimination articles I could provide in my thirty-five plus year career in leadership.

Good leadership skills require you to be diligent in protecting your employees. Discounting claims of possible sexual harassment will only complicate the situation if the victim makes a claim.

Setting the possibility of a law suit aside for a moment and just consider that people can get hurt emotional, financially, and in some cases physically when an employer does nothing to stop it.

As you can see in the two discrimination articles above it can be misunderstood and/or clearly a problem. So take the two discrimination articles above to heart and protect your company and your employees.

In order to protect your employees and your company it is wise to invest in an employee manual. A properly prepared employee manual that covers all your company policies, including discrimination, is the very first step. The second and most important step is enforcing the your policies fair and consistently.

If you have information that you would like to share including any discrimination articles you would like to see published on this website, please contact me through my contact page.

Thank you for reviewing these discrimination articles!

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