Several groups of hourly workers who are union members believe that they are being
discriminated against in pro
motional opportunities at their company, ACorp, a manufacturing company with over 500 employees.
Problem 1:
To be considered for a promotion into ACorp’s management ranks, an employee must pass the “Ready for Management Test.” Employees must be nominated by a manager before an employee can take the test. Test results are posted, and those with passing scores are interviewed by a committee of three union and two company representatives. As a result of the interviews, individuals are rated as either “Management Qualified” or “Management Unqualified.” Once an individual has been deemed “Management Qualified,” he or she may apply for any first-level management promotion that becomes available. Factors for selection into management include the following: a “Management Qualified” rating, level of education, years of experience in the field, years of experience at the company, and any specific experience relevant to the position.
• Women employees have complained that they have not been nominated to take the test.
• Black/African American employees have complained that white employees pass the test in higher numbers than are Black/African Americans.
• Some workers over 50 believe that, among those who pass the test, only the younger applicants are being rated as “Management Qualified.”
Problem 2:
Six months ago, as part of a union negotiation, ACorp changed its promotions policy so that the oldest applicant for the job who was “Management Qualified” was to be automatically given the job.
• Black/African American and Hispanic employees, as well as some women, have complained that this is unfair to them.
Problem 3:
Tom Smith, an ACorp manager, has started to have trouble sleeping, trouble getting out of bed in the morning, trouble getting any work done. Tom goes to his doctor, who sends him to a psychiatrist, who diagnoses Smith with depression. He requests a month off to try to determine the appropriate level of medication and to begin psychotherapy. The company denies his request and Tom is fired soon thereafter.
Problem 4:
Tom’s friend and colleague Nelson, who knew about Tom’s situation, complained to the Vice President in charge of their division that Tom had stellar reviews, had been a loyal, long time employee, and that he felt Tom was being treated unfairly. Nelson was fired two weeks later.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
