DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

Name

Capella university

DB-FPX 8410 Addressing Problems in Human Resources and Compliance

Prof. Name

Date

Executive Summary

This report was commissioned by senior management with the primary goal of analyzing various employee complaints and evaluating the potential risks they may pose to the company. To gain a clearer understanding of the risk landscape, a risk assessment was conducted. It is your legal obligation to promptly investigate all workplace allegations of discrimination, harassment, and legal noncompliance, including violations of company policies. Relevant information has been organized, and each complaint is detailed in the analysis table included with this report.

What We Recommend

Prioritize addressing the complaints that present the highest risk and exposure to your company. This strategy will enhance your overall business approach. Since higher-risk complaints can have the most significant impact and lead to substantial value loss, it is logical to focus your attention and resources on these issues first. To begin mitigating future risks, we highly recommend the following actions:

• Implement training for Human Resources, managers, supervisors, and employees on Equal Employment Opportunity (EEO) laws and company policies to ensure consistent communication.
• Monitor employee evaluations and compensation packages to maintain consistency and identify any patterns of potential discrimination.
• Foster an environment that encourages open communication to detect misunderstandings early.
• Establish clear and credible policies regarding retaliation and anti-harassment, assuring employees that their complaints will be treated confidentially and investigated promptly.

Our Methodology

Our recommendations are based on the following:

• Published laws and regulations from organizations such as the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and other governmental bodies.
• Analysis of emerging trends among the collected complaints.

What We Covered

Complaints were collected from three locations: Illinois, Georgia, and Alabama, totaling 30 complaints that vary in severity from low to high legal risk, with low indicating minimal exposure and high indicating significant risk. Each complaint was entered into a table for thorough analysis to assess the severity of the issues and determine the necessary actions for resolution. Proper documentation and confidentiality are essential for effective Human Resources management (Schrimsher & Fretwell, 2012). A brief overview of each complaint has been included in the table.

Upon reviewing the data, we found that a significant number of complaints may directly violate several laws, including OSHA regulations, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 (US Equal Employment Opportunity Commission, 2021).

DB FPX 8410 Assessment 1: Analyze a Set of Worker Complaints

According to the analysis chart, several claims present high-risk exposure. Notably, there are over five wrongful death claims, four of which allege that your company was negligent in providing a safe workplace. These claims assert that employees contracted COVID-19 and subsequently died. Additionally, four claims, including one from an anonymous employee, suggest possible violations of current OSHA guidelines. Under the OSH Act, you are required to provide a safe and healthy work environment for your employees (United States Department of Labor Occupational Safety and Health Administration). If negligence is established, these cases could pose significant legal risks for your company (Gjelten, n.d.).

The case of Charles Jackson may also present considerable legal exposure. Mr. Jackson, a long-time Data Entry Clerk with a physical disability, claims he was terminated for his inability to perform tasks accurately. He was informed that he was not efficient due to the increased workload resulting from a reduced workforce during COVID-19 and was given a 30-day notice instead of the mandated 60-day notice. This case could potentially violate the Americans with Disabilities Act (ADA) and the Rehabilitation Act (Northern Illinois SHRM, 2020), as well as the Age Discrimination Act (U.S. Equal Employment Opportunity Commission, 2021).

DB FPX 8410 Assessment 1: Analyze a Set of Worker Complaints

Another potential high-exposure case involves Amare Kwame. Mr. Kwame, an Engineer, claims that only individuals of color (African Americans, Latinos, etc.) were called back to the office, while the Chief Engineer stated that he was “strictly prohibited from coming to the office because we are told white lives matter.” If these allegations are substantiated, your company could be in violation of Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, 2021).

The COVID-19 pandemic has underscored the complexity and scale of increasing risks for businesses. This unprecedented crisis has established a new normal that will affect all organizations (Am et al., 2020). While COVID-19 has caused disruptions in the workplace, it does not excuse negligence or the disregard for employee concerns. You must address these challenges by promptly mitigating risks and conducting thorough investigations to resolve complaints effectively.

References

Am, J. B., Furstenthal, L., Jorge, F., & Roth, E. (2020). Innovation in a crisis: Why it is more critical than ever. https://www.mckinsey.com/business-functions/strategy-and-corporate-finance/our-insights/innovation-in-a-crisis-why-it-is-more-critical-than-ever

Gjelten, E.A. (n.d.). Can you sue your employer if you were exposed to COVID-19 at work? https://www.alllaw.com/articles/personal-injury/suing-your-employer-over-lack-of-ppe-or-exposure-to-covid-19.html#:~:text=Still,%20there%20are%20limited%20exceptions%20to%20the%20workers%E2%80%99,employer%E2%80%99s%20intentional%20wrongdoing,%20as%20opposed%20to%20mere%20negligence

Northern Illinois SHRM (2020). What You Should Know About the ADA, the Rehabilitation Act, and Covid-19. https://nishrm.shrm.org/news/2020/03/what-you-should-know-about-ada-rehabilitation-act-and-covid

Schrimsher, M., & Fretwell, C. (2012). What small business owners should know about employment law. American Journal of Management, 12(2), 31–39.

DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

U.S. Department of Labor Occupational Safety and Health Administration. (2021). Protecting workers: Guidance on mitigating and preventing the spread of COVID-19 in the workplace. https://www.osha.gov/coronavirus/safework

U.S. Equal Employment Opportunity Commission (2021). Age Discrimination. https://www.eeoc.gov/age-discrimination

U.S. Equal Employment Opportunity Commission (2021). Race/Color Discrimination. https://www.eeoc.gov/racecolor-discrimination

U.S. Equal Employment Opportunity Commission (2021). Workplace Laws Not Enforced by the EEOC. https://www.eeoc.gov/workplace-laws-not enforced-eeoc