FedEx Equal Employment Discrimination
According to Rose & Kumar (2006) human resource has the ability to organize other resources in the organization to aid in the achievement of the organizational goals. Rose & Kumar argument qualifies human capital as the most critical resource within the organization. The importance of organizational personnel requires that the management obtain and recruit the best and most talented employees who will ensure organization operations are executed efficiently and effectively. However, the process of employee recruitment and selection is sometimes faced with the challenges whereby the company has to observe and adhere to employment laws. Majorly, companies and organizations have been blamed for practicing discrimination on employment. However, the employers have justified the act of not hiring or firing the employees on bona fide occupation qualification (BFOQ). This papers utilizes the case study of FedEx Company whereby the company was accused of discriminating job seekers. PLAGIARIZED SAMPLE ORDER YOUR PAPER NOW
FedEx Inc. vs. Equal Employment Opportunity Commission (EEOC)
In several occasions FedEx has been accused of discriminating job seekers. Reports indicate that the company reached a $3 million settlement related to the employment discrimination disputes. The case brought to court by Equal Employment Opportunity Commission on behalf of the victims showed that the company had discriminated against 21,635 job seekers at twenty-four plants of the company in fifteen states (Insureon, 2014). The report showed that the company employment process was marred with wide race and color discrimination. In one of the scenario it showed that majority of the white applicants were hired compared to black and Hispanic people. .
In another situation FedEx was brought before the court of law for discriminating deaf people as well as other job seekers in employment opportunities. The EEOC filed a case against the company arguing that the company did not provide the facilities which could ease the work of the people with disabilities (Baum, 2016). According to EEOC the company failed to provide the facilities that could address deaf people and other job applicants’ needs thus violating the provisions of the American with Disabilities Act (ADA).
In the two scenarios FedEx defended itself by arguing that it would have been difficult to engage the applicants as their nature made it difficult to communicate within the organization. Alternatively, the company argue that the majority of the black people lacked the required skills and qualification. Additionally, to justify its motion FedEx Inc. argued that based on 2009 ruling in Hohider V. UPS Inc. which classified the class of discrimination allegations which should be brought before the court (Kang, 2016). However, Judge Hornak disputed the FedEx motion on the grounds that the ruling only addressed private class of actions in Rule 23 of the Federal Rules of Civil Procedure.
It was held that those whom their applications were rejected they were to be compensated. Apart of financial compensation, the company was required to make in necessary changes to eliminate discriminatory hiring practices. Additionally, the company was also required to offer part time jobs to some of the employees whose application had been rejected.
Addressing the Key Issues
Conditions and job requirements vary from one organization to another. This means that each company has its own unique needs which should be addressed in certain specific way. Therefore, the classes protected against discrimination in employment should to all companies regardless the number of the employees. For example, let consider the issue of sex. They are jobs which will be more suitable to be handled by men in comparison with females. This paper opine that Army career is more will be more effective if carried out my males unlike females.
Race and color is not a determinant of one’s ability to perform a particular task. The determination of whether an applicant is suitable for a certain job be based on the expertise needed. Therefore, race and color should not be give any room as a permissible bona fide occupation qualification. Alternatively, BFOQ exceptions to employment discrimination should be totally gotten rid as they can create loopholes of perpetuating discrimination on employment opportunities. PLAGIARIZED SAMPLE ORDER YOUR PAPER NOW
Despite the companies eager to acquire the best and most qualified personnel, there are issues human resource managers’ needs to put into considerations. Observance of equal employment laws is one of the fundamental aspects that the companies should always consider. Failure to comply employment laws may result lawsuits which will not only damage the reputation of the company but also force the company into unnecessary litigation costs and fines.
Baum, E. M. (2016, July 12). Did FedEx Discriminate Against Deaf Employees and Job Applicants? . Retrieved from Eisenberg & Baum, LLP: http://www.eandblaw.com/employment-discrimination-blog/2016/07/12/fedex-discriminate-deaf-employees-job-applicants/
INSUREON. (2014, June 12). Employement Dscrimination Lawsuits Case Studies. Retrieved from BIN Insurance Holding Agency: http://www.insureon.com/blog/post/2014/06/19/employment-discrimination-lawsuits.aspx
Kang, P. (2016, January 25). FedEx Can’t Escape EEOC’s Bias Suit Over Deaf Workers. Retrieved from Law360: http://www.law360.com/articles/750666/fedex-can-t-escape-eeoc-s-bias-suit-over-deaf-workers
Rose, R. C. & Kumar, N. (2006). The influence of organizational and human resource Management Strategies on performance. Performance Improvement, Vol. 45(4), 18-24.