EMC Confronts Harassment Charges
According to the lawsuit, women claimed that the company was discriminated against female employees (Noe, Hollenbeck, Gerhart, & Wright, 2009 p.87 para.1). Furthermore the women alleged that female employees were not promoted to receive pay raise if they refused to “smile, drink, swear, hunt, fish, and tolerate strip clubs” (Noe, Hollenbeck, Gerhart, & Wright, 2009 p.87 para.2.) Those who refused were retaliated against with offensive actions.
Review/Analysis of the Case
EMC did violate many Equal Employment Opportunity laws. According to Equal Pay Act of 1963, “men and women performing equal jobs are to receive equal pay” (Noe, Hollenbeck, Gerhart, & Wright, 2009 p.59). However, EMC pay data showed that saleswomen received $39,354 ...view middle of the document...
73 para.1). Another law that EMC had broken is Pregnancy Discrimination Act of 1978. According to the lawsuit, “employment decisions were based in part on consideration of individual’s sex, pregnancy, and marital and parental status” (Noe, Hollenbeck, Gerhart, & Wright, 2009 p. 87).
I believe that EMC can continue to sell aggressively and avoid charges of sexual harassment and sexual discrimination. To avoid sexual harassment charges, they first need to have extensive training and discussions on sexual harassment and how to avoid them. The more educated the employees are the less likely that they will do it. Second, I believe that accusations of sexual harassments are taken seriously which will let the employees know that it is a no tolerance issue. To continue to sell aggressively, the company should hire the people for the job. Instead of hiring someone in hope to train the person into the job, find someone that already has the experience to serve the sales position well. This would not be a discriminant act because it is based on the requirement to perform.
If I was a HR manager at EMC, I would recommend that 1.) All employees attend a sexual harassment education class. I believe that if all employees obtain the same knowledge as each other, there can’t be a claim that he or she did not know that his or her action can be seen as harassment. Also, I would have all the employees sign a confirmation notice that they attended the class and are aware of the punishment of sexual harassment. 2.) I would change hiring policies according to the need of the company. I would hire someone who is aggressive in sales with proven records of success. I would also ask for references of these employees. If there are future accusations of discrimination, there would be proof of performance and success. This would also help with determining the pay rate based on experience.