b'Common Situations: the supervisors who conduct reviews to make sure they are not No criminals here: SuperSoda, a mega soft drink company, hasgiving people a pass and understand the dangers if they do so. a policy that it will not hire anyone who has ever been arrested.There are few supervisors confrontational enough to be truly The EEOC gets wind of the policy and decides to make anhonest in reviews. Most of us confrontational types are lawyers!example out of SuperSoda. It sues the company on the basis that a disproportionate number of Black and Latino people havePay attention to listeners: Megan, a Black woman, works for histories of arrests compared to other races and colors. Is theManly Manufacturing. Two Manly employees, Josh and Tim, EEOC right?who are also Black, sometimes use racially charged words to You may not think it is right to tell employers they cannot excludepoke fun at each other. Neither is offended by the other. They for arrest records, but Pepsi Co. found out otherwise when theyare just joking around. Manlys management takes no issue were audited under the same circumstances. The EEOC takeswith it, thinking Josh and Tim are both Black so there can be no the position that an arrest is not a conviction and should not bediscrimination. Megan hears the barbs regularly and takes great used as a factor to weed out applicants. Only applicants whooffense based on stories of discrimination told by her father. She have criminal histories should be excluded and, then, only whencomplains to management, but the company takes no action it is particularly relevant to the job at issue. (See the section onbecausethecommentsarenotdirectedatherpersonally. Discriminatory Use of Background Checks for more informationProblem?Ofcourse.Manlyneedstothinknotjustofthe on this topic.) individuals involved (who could tire of the jokes and make their own claim), but also of those in ear-shot. Megan has a claim for Over his head: Danny is a Latino gentleman hired at SuperSodarace discrimination by harassment against Manly, and Josh and toactasapurchasingmanagerbyanotherLatinoperson,Tim have no worries since they are just employees.Joe. Joe did not do a very thorough job of screening or evenWhat Should I Do:interviewing applicants, and Danny is not even close to beingGood: Even though other discrimination laws do not come into qualified for his job. While he works with Joe, Dannys poorplay until 15 or 20 employees, consider implementing an anti-performanceiscoveredbyJoesunwillingnesstoconfrontdiscriminationpolicyincludingraceandcolordiscrimination Danny as a fellow Latino. Joe is a non-confrontational personright from the start.who gives Danny above average ratings that he knows Danny does not deserve.Better: In addition to developing a policy, control who is permitted Later, Joe leaves SuperSoda to pursue a musical career afterto interview and make material decisions about employees to be succeeding on an audition for the television program, Americansure they are aware of the concerns of race, color and other Super Singer. Dannys new supervisor, Frank, quickly discoversdiscrimination.Dannys inadequacy and begins counseling Danny to improve.Best: In addition to the items above, create job descriptions for Danny is passed over for a promotion when a new position iseach position. Use the job descriptions to prepare advertisements created under Frank, and Danny brings a claim. Is he right?for positions, to ask objective interview questions, and to create Does SuperSoda have a chance? Certainly SuperSoda has aa uniform and objective performance review system to avoid chance, but Joes reluctance to confront Danny has done nothingaccidentally discriminating against someone based on race or to help the company. This is why it is important to supervisecolor.54'