The Role of Length of Service in a Reduction in Force
Organizations participating in a reduction in force (RIF) are typically reacting to an economic reason. A poorly designed and executed RIF procedure is fraught with potential litigation possibilities. Using “…length of service with the company or in a job classification is the most common, easiest, and most objective standard” (Wildman-Harrold).
Any RIF is subject to potential lawsuits. Considering the number of employees involved, the amount of potential damages can easily escalate. Consequently, RIF decisions need to be consistent, uniformly applied, and based on objective measures.
Using seniority has several advantages. It is a quantifiable measurement that is readily understood and appreciated by employees. Using Seniority can also aid in the positive perception that employees have in their organization by valuing loyalty. Seniority can also reduce the liability that comes with age discrimination. One survey indicated that age discrimination claims are twice as frequent as any other claim in a RIF. (Wildman-Harrold)
While using seniority as a RIF measurement tool has distinct advantages, companies that use seniority as the sole measurement tool for a RIF put themselves at a disadvantage. These companies are potentially at risk for not retaining productive and high performing, less senior employees. Companies that create a hybrid of measurements that include skill set analysis and performance based measurements, along with seniority will be better served.
Considerations of Gender, Race, Age, and Other “Protected Class” Designations
State and Federal laws protect employees from unlawful termination based on gender, race, and age. It is estimated from the “Displaced Worker Survey” that over 2.4% of all employees displaced in the mid 1990’s filed a discrimination claim with the EEOC (Harriet Zellner, 1998, p.1). Understanding this large potential risk, employers must be cognizant of the effect that any RIF will have as it relates to this protected class.
To understand the potential implication of a RIF on the employer’s protected class, the employer should conduct “statistical pre-testing of RIF lists” (Harriet Zellner, 1998, p.1). In this process the employer would conduct a mock RIF to develop lists of employees both before and after the RIF. These lists would provide the statistical data for the workforce composition, from which a statistical analysis of patterns in the data are completed.
From this data, the organization must make an assessment whether the statistics represent a disparate impact on a protected class. If a disparate impact exists, the organization needs to determine if the impact is statistically significant, is the RIF process fair, impartial, and caused by a business need?
Hamblett, M. (2004, August 26). 2nd Circuit: Impact of Employer Acts Grounds for Suit: Court rules on disparate impact theory of recovery. New York Law Journal. Retrieved April 4, 2005 from http://www.law.com/jsp/article.jsp?id=1090180422885
other guys and have no water and little to no food what so ever? In the spring of 1527, Cabeza De Vaca and his three partners left the country to sail The New World. The ships went of course and got stranded on an Island called modern day Galveston Island. Cabeza was the only one who survived because of his survival skills and ways to do nifty tricks. During the time Cabeza was a slave on Galveston Island, he survived for three reasons.
In "The Narrative of Cabeza de Vaca", Alvar Nunez Cabeza de Vaca’s fight for survival, while being deprived of the basic necessities of life, proves there is a change in him from the beginning of the narrative to the end. This transformation, though, affected multiple aspects of de Vaca, including his motives, character, and perspective of civilization. Cabeza de Vaca’s experience is crucial to the history of America, as well as Spain, because it was one of the first accounts that revealed a certain equilibrium between the mighty and superior Spaniard and the Indian, once the Spaniard was stripped of his noble stature. The idea of nakedness is consistent throughout the narrative and conveys the tribulations he experienced and a sort of balance between him and the Indians. The original intentions of conquering and populating the area between Florida and a northern part of Mexico quickly shifted Cabeza de Vaca’s focus to the need to survive. His encounter with different Indian tribes and ability to get along with them (no matter what the means), and then prosper as a medicine man, shows that through his beliefs in Christian faith, and in himself, he turned the failure into an unexpected success.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Today, many health care organizations have been forced to reduce their workforce due to the downturn of the economy. Marshall and Broas (2009) state that whenever health care organizations conduct a reduction in force (RIF); there is the potential for legal risk. However, with proper planning and implementing, employers can minimize the risk of litigation (Marshall & Broas, 2009; Segal, 2001). Hence, before carrying out a 10% reduction in workforce, there are a number of steps that need to be taken to ensure it is successful.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
...re is a need for laws to protect employees from discrimination based on skin color or race.
Cabeza de Vaca was a Spaniard that traveled to the New World in search of silver, gold, and other riches. Unfortunately, he found the Native Americans spent 8 years surviving in the their tribe. In his narrative of these 8 years, Cabeza de Vaca effectively tells Europeans of the Expedition he went on and the humanity of the Karankawas.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
In 1527, the explorer named Pánfilo de Narváez was sent by Spain’s King Charles I to explore the unknown territory which the Spanish called La Florida (present-day Florida in the United States).Cabeza de Vaca was attached to this expedition as the expedition’s treasurer. Records indicate that he also had a military role as one of the chief officers on the Narváez expedition, noted as sheriff or marshal. On June 17, 1527, the fleet of five ships set sail towards the province of Pánuco (which was on the western border of Florida). When they stopped in Hispaniola for supplies, Narváez lost approximately 150 of his men, who chose to stay on the island rather than continue with the expedition.
In an expedition to conquer the recently discovered land of Florida. On June 17, 1527, Cabeza de Vaca and nearly 500 men set sail. He did not return to Spain until 1537, one of only four men from the entire expedition to survive storms, shipwreck, disease, starvation, attacks from Native Americans, and the blundering decisions of Narváez, and the only member to return to Spain. Upon his return he gave an official report to the Spanish king of
On June 17, 1527, Cabeza de Vaca set sail on the order to conquer and govern the lands from the Rio Grande to the cape of Florida. However, during his journey he encountered much devastation such as the wrecking of his ship which resulted in his separation from the majority of his Christian companions. Praying to God after every ordeal, Cabeza routinely sought after his Christian religion to guide him through his unexpected journey. While traveling through the interior of America, he also encountered many native tribes which inhabited the land. While most of the Spanish conquistadors in the sixteenth century spread their religion through warlike ways and rearranged societies for the sole purpose of their own economic gain, Cabeza thought that kindness was the only way to win the hearts of the natives and without clothes or any material possessions, he upheld his promise and beliefs. After being enslaved by the natives Cabeza moved from tribe to tribe with the hope of finding his fellow Christians while praising and thanking God that his life was spared. Moving from tribe to tribe as a medicine man Cabeza still lived by his Christian teachings and implemented them into the way that he communicated with the natives, ultimately converting many tribes into Christianity. The religion of Christianity directly influenced the way in which Cabeza de Vaca interacted and felt toward the natives, thus throughout the duration of his time traveling across the interior of America, Cabeza was able to continually practice his religious beliefs while also being able to convert many Indians to his religion at the same time.
Discrimination continues to run rampant throughout organizations in both the United States and worldwide. The Supreme Court case, Dukes vs. Wal-Mart Stores, Inc., dealt with 1.5 million current and former female Wal-Mart employees that claim that they had been a victim of gender discrimination. The ensuing pages will discuss the specific issues that the plaintiffs encountered, followed by suggestions from a human resource manager’s stand point in rectifying adverse impact within the Wal-Mart organization.
In today’s modern business environment, human resources (HR) plays a critical role in keeping executives informed of key legislation and minimizing the organization’s risk exposure. Expectations are high and HR responsibilities are broad, including recruitment, retention, performance management, risk management, training and education, and employee safety, wellness, and benefits. When it comes to employment regulations and ever-changing legislation, executives rely heavily on HR professionals to be subject matter experts. Age discrimination suits are on the rise and post-termination lawsuits can be a real threat to an organization. The Supreme Court’s (SC) ruling on McKennon versus Nashville Banner Publishing Company (NBPC) increased an