Upon review of Tanglewood’s historical data for hiring and promotion I found that of the 4,764 total new hires, 82.9% were white, 16.8% were non-white, and 2.3% were African American. More to the point, as the positions within the company increased to Assistant Store Manager or Store Manager, the overall percentage of white hires to African American hires also significantly increased. Of the external candidates reviewed and hired for the Assistant Store Manager position a full 100% hired were white. These numbers suggest that the company did not meet the 4/5th ratio used in determining disparate impact, in other words, greater than 80% of the applicants hired were white. This number strongly suggests Tanglewood would be found guilty of disparate impact.
Reviewing the total number of Department manager positions reveals the number of whites employed at this level begins ...view middle of the document...
Tanglewood needs to be encouraged to review the applicable laws pertaining to diversity hiring standards. There are many good reference sites available on-line to learn about Equal Opportunity laws, start with www.eeoc.gov and branch out from there to understand how these laws are enforced. Join professional HR organizations, these organizations provide valuable insight on hiring standards and recruiting practices, as well as provide book recommendations and links to agencies and organizations equipped to help the company navigate the ins and outs of employment laws.
Internal Recruiting Initiatives
While the initiatives described to aid in external recruiting will also assist with internal recruiting, the organization should also be advised to purchase candidate tracking software. This type of software will provide information at the touch of a few buttons to let one see the candidate’s qualifications and diversity in a side-by-side comparison. A tool of this type will enable companies to make informed hiring decisions and improve overall diversity numbers. In cases where any of the above mentioned methods fail, the organization should be encouraged to mediate cases to arrive at a settlement. Mediation allows the organization to right a wrong without a drawn out case that will ultimately cost more, but also provides for unpublicized closure so as not to bring further negative attention to the company.
Fully understanding all of the laws and regulations pertaining to Equal Employment is a good first step for any organization, but knowing where to go for help and understanding how to recognize when you need it will offer your organization the greatest benefit.
Heneman, H. G., & Judge, T. (2009). Legal compliance. Staffing organizations (6th ed., pp. 72-74). Middleton, WI: Mendota House.
Kammeyer-Mueller, J. (2009). Case five: disparate impact analysis. Tanglewood Casebook (pp. 38-47). Gainesville: Mendota House.