DB FPX 8410 Assessment 2 Employee Complaint Analysis

Name

Capella university

DB-FPX 8410 Addressing Problems in Human Resources and Compliance

Prof. Name

Date

Executive Summary

This report delves into employee concerns and evaluates their potential impact on the workplace environment. A comprehensive risk assessment was conducted to gain a deeper understanding of the risk landscape. The designated expert is responsible for thoroughly investigating all workplace allegations, including those related to discrimination, harassment, provocation, and insubordination, ensuring legal compliance. Furthermore, there are claims of policy violations, each documented in the accompanying chart (Pascarella et al., 2021).

CapraTek has been assigned to examine all employee complaints concerning perceived unjust conduct by management, encompassing issues like bullying, harassment, and discrimination. This report evaluates these grievances and their potential implications for the work environment. To maintain legal obligations, the designated specialist must investigate all workplace complaints related to discrimination, provocation, harassment, and insubordination. Additionally, there are allegations of policy infractions. The areas of concern and associated potential risks are detailed below, along with initial recommendations for addressing them (Demidov & Ilyin, 2020).

Complaints with Higher Risk

The situation involving Thomas Lee, an Asian Chinese employee, poses elevated risks for the organization. He is experiencing ongoing harassment and a perceived lack of fairness in his treatment, potentially leading to legal action against the company, leveraging existing legislation such as the International Labor Organization regulations from 2023. Conversely, Adam Humphrey, a 16-year-old employee, was initially hired to work only on weekends. However, his schedule has been modified, resulting in an excessive workload. His complaint poses significant risks for the company, especially since he is a minor and may invoke protections under the Fair Labor Standards Act and the Civil Rights Act (Levavi, 2019).

What We Recommend

Focusing on addressing complaints that pose higher risks and potential exposure to the company is a strategic advantage. These complaints demand a direct allocation of resources for resolution. To proactively mitigate future issues, we strongly recommend implementing the following actions. In compiling this list, CapraTek has prioritized several recurring complaints within the company. CapraTek must address each of these areas comprehensively, ensuring that employees across all levels of the organization understand the issues, preventing future problems while taking care of all team members (Cox & Lowrie, 2021).

To enhance the workplace environment and address the highlighted issues, CapraTek will implement the following measures:

Training Initiatives

Comprehensive training will be provided to all managers and administrators to ensure strict adherence to CapraTek’s hiring and staffing policies and Equal Employment Opportunity (EEO) regulations. Staff will be educated on the safe operation of heavy machinery, emphasizing that only certified personnel are permitted to operate such equipment. Communication consistency will be improved through training for all employees (Wang et al., 2020).

Discrimination Awareness

Discrimination training will be conducted to mitigate staff frustration stemming from gender, race, ethnicity, culture, pregnancy, and nationality discrimination (Adel & Alqatan, 2019).

Compensation Review

A compensation review will be conducted to ensure equitable salary distribution throughout the company. In the event of necessary pay reductions, they will be implemented fairly, without discrimination or favoritism (Rudakov & Prakhov, 2020).

COVID-19 Control Policy

CapraTek will establish a robust COVID-19 control policy, ensuring that all locations have an adequate supply of personal protective equipment to mitigate virus transmission. A policy for office staff will also be formulated to promote social distancing and other preventive measures (Carnevale & Hatak, 2020).

Open-Door Policy

An organization-wide open-door policy will be instituted, enabling all employees to report concerns directly to higher authorities. Employees are encouraged to communicate if they believe their immediate supervisor is unresponsive or if they have concerns about potential retaliation or harm caused by their supervisor. This will foster an environment where errors and misunderstandings can be minimized (Sun et al., 2022).

Anti-Harassment Training

Human Resources, along with directors, supervisors, administrators, and employees, will receive training on anti-harassment policies. These policies will ensure that workers’ complaints and grievances are treated confidentially, assuring employees that their concerns will be handled appropriately (Brue, 2021).

Numerous ethical concerns are intertwined with these grievances, encompassing the absence of fairness and discrimination rooted in factors like color, race, religion, or nationality. Furthermore, employee complaints illustrate instances of inequality, animosity, harassment, diminished effectiveness, and unprofessional conduct among colleagues. Addressing these complaints necessitates tailored solutions that align with the specific needs and demands of the employees (Carnevale & Hatak, 2020).

Legal Liability Risks for Various Complaints

Maryanne Kahlil may have a valid case under Title VII of the Civil Rights Act if she can demonstrate discrimination based on her gender or national origin. Furthermore, several states have enacted COVID-19 Workers’ Compensation Policies to safeguard employees who contract the virus, potentially providing coverage to Maryanne under her state’s policy. The risk to CapraTek hinges on potential damages awarded in a lawsuit, incorporating lost wages, benefits, emotional distress, and suffering, as well as potentially punitive damages (Federal Trade Commission, n.d.).

Thomas Lee’s complaint might find merit under Title VII of the Civil Rights Act, which bars discrimination based on race, ethnicity, religious beliefs, gender, and country of origin. Thomas Lee’s accusation of being blamed for spreading the COVID-19 pandemic could potentially be construed as national origin discrimination. If proven, CapraTek might face financial liability in the form of lost wages and compensation, similar to a case where a pharmaceutical company was fined $253 million for discrimination (Smith, 2020).

Karen Small’s case potentially holds ground under the Fair Labor Standards Act (FLSA) and the Families First Coronavirus Response Act (FFCRA). According to the FLSA, employees must receive compensation for all hours worked, including overtime. Additionally, the FFCRA mandates that employers offer compensated sick leave to workers who cannot perform their duties because of COVID-19, such as quarantine or self-isolation. The potential risk to CapraTek involves financial damages, including back pay, and potential penalties for violating labor laws (Steele, 2021).

DB FPX 8410 Assessment 2 Employee Complaint Analysis

Heather Brown has a plausible legal claim under the Occupational Safety and Health Act (OSHA) as her employer failed to provide adequate protection against COVID-19 in the workplace. Moreover, Heather was terminated in retaliation for reporting safety concerns or requesting accommodations due to COVID-19, invoking the protections of the National Labor Relations Act (NLRA). CapraTek may face damages encompassing lost wages and legal fees (Steele, 2021).

Leah Parrish might have a valid claim under the Family and Medical Leave Act (FMLA) if she was denied leave or retaliated against for taking it. Additionally, she may have a viable claim if denied reasonable accommodations under the Americans with Disabilities Act (ADA). The risk to CapraTek hinges on potential damages awarded in a lawsuit, including lost wages, benefits, emotional distress, and possibly punitive damages (Smith, 2020).

Chris McCoy’s complaint may be justifiable under The Occupational Safety and Health Act (OSHA), which requires employers to ensure a secure and healthy working environment. Chris McCoy’s assertion of an unsafe working environment may align with OSHA regulations. If established, CapraTek could face financial consequences through penalties and citations from OSHA (Jennings & Perez, 2020).

DB FPX 8410 Assessment 2 Employee Complaint Analysis

John Kowalski holds a legitimate claim under the National Labor Relations Act (NLRA) as he was terminated or retaliated against for participating in protected concerted activities with his coworkers. Additionally, his denial of reasonable accommodations under the Americans with Disabilities Act (ADA) bolsters his claim. The risk to CapraTek depends on potential damages awarded in a lawsuit, including lost income/wages, benefits, emotional distress, and suffering, as well as potentially punitive damages (Jennings & Perez, 2020).

Thomas Edwards might possess a viable legal claim under the Fair Labor Standards Act (FLSA) if he was not adequately compensated for all hours worked or under the Age Discrimination in Employment Act (ADEA) if his termination was related to age discrimination. The viability of his claim relies on the specific details of his situation. If deemed valid, CapraTek may be at risk of paying damages for lost income and wages along with legal fees, as evidenced by a case where a pharmaceutical company was fined $253 million for age discrimination (Andrias, 2019).

Mona Sims may have a plausible claim under the Age Discrimination in Employment Act (ADEA) if she can substantiate that she faced discrimination due to her age. Additionally, if she was denied reasonable accommodations under the ADA, she might have a legitimate claim. The risk to CapraTek hinges on potential damages awarded in a lawsuit, encompassing lost wages, benefits, emotional distress, and potentially punitive damages (PengJu & Hua, 2023).

DB FPX 8410 Assessment 2 Employee Complaint Analysis

John Braganza might have a valid claim under the NLRA if he was terminated or retaliated against for participating in protected concerted activities with his coworkers. Additionally, if he was denied reasonable accommodations under the ADA, he may possess a valid claim. The risk to CapraTek is contingent on potential damages awarded in a lawsuit, which may include lost wages, benefits, emotional distress, along with potentially punitive damages (Jennings & Perez, 2020).

Geoffrey Jones may have a credible claim under Title VII of the Civil Rights Act if he can demonstrate that he faced racial or national origin-based discrimination. Additionally, if he was denied reasonable accommodations under the ADA, he may possess a legitimate claim. The potential risk to CapraTek involves damages awarded in a lawsuit, which may include lost wages, benefits, emotional distress, and potentially punitive damages (Smith, 2020).

Adam Humphrey may have a valid claim under the Fair Labor Standards Act (FLSA) if he was not adequately compensated for all hours worked or under child labor laws if he was made to work more than the legally permitted hours. If found valid, CapraTek may face financial repercussions, including back pay and potential penalties for violating labor laws (Steele, 2021).

These evaluations underscore the necessity for CapraTek to conduct a thorough examination of these complaints, adhere to legal obligations, and take appropriate action to address and resolve these grievances to mitigate potential legal liabilities.

Conclusion

By conducting a comprehensive risk assessment, identifying key areas of concern, and implementing targeted strategies, CapraTek can foster a safer, more equitable, and productive workplace. Addressing high-risk complaints with urgency, enhancing training initiatives, revising policies, and ensuring compliance with legal standards will collectively contribute to a more positive organizational culture. It is imperative for CapraTek to act swiftly and decisively to mitigate risks and promote a harmonious and legally compliant work environment (Cox & Lowrie, 2021).

References

Adel, A. M., & Alqatan, R. (2019). Discrimination and its impact on employee performance: The moderating role of employee gender. Journal of Business Research, 101, 141-153.

Andrias, K. (2019). Age discrimination in employment: Case studies and legislative responses. Labor Law Journal, 70(3), 89-112.

Brue, K. (2021). Implementing anti-harassment policies in the workplace: Best practices for HR professionals. Human Resource Management International Digest, 29(4), 19-21.

Carnevale, J. B., & Hatak, I. (2020). Employee adjustment and well-being in the era of COVID-19: Implications for human resource management. Journal of Business Research, 116, 183-187.

Cox, A., & Lowrie, D. (2021). Effective risk management in workplace health and safety: Strategies and case studies. Safety Science, 136, 105162.

Demidov, D., & Ilyin, V. (2020). Ethical aspects of workplace relations and corporate social responsibility. Business Ethics: A European Review, 29(3), 456-466.

Federal Trade Commission. (n.d.). Protecting workers during the COVID-19 pandemic: Legal considerations and guidelines. Retrieved from https://www.ftc.gov/protecting-workers-during-covid-19

Jennings, E., & Perez, R. (2020). Employee rights and employer responsibilities under OSHA: Navigating workplace safety. Journal of Occupational Health Psychology, 25(2), 123-134.

Levavi, M. (2019). The impact of the Fair Labor Standards Act on modern employment practices. Labor Law Journal, 70(1), 14-25.

PengJu, Y., & Hua, W. (2023). Age discrimination in the workplace: Recent trends and legal responses. Journal of Labor Research, 44(2), 243-259.

Pascarella, E., Salisbury, M., & Blaich, C. (2021). Assessing workplace culture and employee engagement. Journal of Workplace Learning, 33(7), 524-536.

Rudakov, V., & Prakhov, I. (2020). Equity and efficiency in employee compensation: Policy implications and case studies. Economics of Transition and Institutional Change, 28(3), 349-365.

DB FPX 8410 Assessment 2 Employee Complaint Analysis

Smith, R. (2020). The Civil Rights Act and its implications for modern workplace discrimination claims. Harvard Law Review, 133(4), 934-956.

Steele, L. (2021). Workers’ compensation and COVID-19: Legal perspectives and policy implications. Journal of Occupational Health and Safety, 35(1), 67-81.

Sun, L., Xu, Z., & Li, Y. (2022). The effectiveness of open-door policies in organizational communication: A meta-analysis. International Journal of Business Communication, 59(3), 415-432.

Wang, Y., Li, X., & Zhang, Y. (2020). Employee training and development: Implications for organizational performance. Journal of Management Development, 39(4), 601-613.