Human Resource Law Essay

This paper go out show that this scenario provides a case for sexuality dissimilarity. sex secernment is illegal under appellation sevener (Bennett-Alexander & deoxyadenosine monophosphate Hartman, 2007). In addition, this paper will show what legal and ethical issues arise in this case. Furthermore, this paper will show what Bob should do in this case. By using the female person employee versus the male employee to serve the customer the follow would be in impact of Title cardinal for sex discrimination. Title VII laws regarding gender cover the full scope of the employment relationship which describes that gender whitethorn non be the basis of any decision link up to employment unless gender is used as a bona fide occupational talent (BFOQ). Customer preference is non a legitimate and protected savvy to treat otherwise qualified employees differently ground on gender.Additionally, supplying the female employee to suffice the customer over the male employee would be in violation of the stores rotation form _or_ system of government. The policy states that each working day, twain employees work in the store single working the front and angiotensin converting enzyme working the back. Rotation occurs on a daily basis in order to disperse fits fairly. Since this is smart set policy, there is no flexibility to flip that policy and to rotation schedule clearly states that it is the male employees bout to earn thrill. Discrimination based on gender is illegal and not in keeping with good crease practices of efficiency, maximizing resources, and avoiding unnecessary liability.Title VII IssuesDiscrimination comes in all shapes and sizes, and tutors have to be painstaking not to cross the line and do the wrong thing. Companies do not want lawsuits for discrimination or anything else. The stores best customer, Imelda,  belike did not intend to offend anyone nor did she probably know that she was discriminating against anyone. many car tridge clips discrimination is not intended. Customers generally believe they are eternally right and get what they want. However, in this instance the customer is genuinely wrong. Requesting a female employee over a male employee is a form of discrimination, gender discrimination. Gender discrimination is illegal under Title VII (Bennett-Alexander & Hartman, 2007).If Bob asks tom to step aside and allow Mary to incite Imelda with her purchases, he will be in violation of Title VII and stinker be held liable to the employee for gender discrimination. Customer preference is not a legitimate and protected reason to treat otherwise-qualified employees differently based on gender (Bennett-Alexander & Hartman, 2007, p. 283). Legally and ethically, Manager Bob cannot flip employees gobbler and Mary simply because Imelda wants it.ChoiceThis is not an easy situation. On one hand, the customer is promising to buy five pairs of slips if she gets a female employee to help her. Th is would be a huge purchase for the store, enormous for the profit margin as easily as a plumping commission for the employee. On the other hand, not providing a female employee may denote a missed sale, Imelda may leave the store. Swapping employees would cheat tom turkey out of his commission. This would be unethical. tomcat deserves his commission he should not be asked or told to leave this up. The Shoe Store has very clear company policies. Company policy does not allow two employees to split the commission (UOPX, 2013, para. 5). As stated previously, having Tom give up his commission would not be fair. Company policy rotates employees to keep commissions as fair and jibe as possible (UOPX, 2013, para. 5).Manager Bob will need to explicate to Imelda as nicely and calmly as possible that he is very sorry, but cannot provide her with a female employee. Bob should promise Imelda that Tom is a very nice man and that she will be in very capable hands ensure her that Tom knows shoes and will treat her and her feet right. Bob should smile and guarantee her that she will be contented with the service she receives. Bob should apologize for the problem, explain that he contacted his regional manager to see if he could make an exception to company policy this time and was told no, and explain that the company risks a discrimination lawsuit. Finally, tell Imelda that he understands if she chooses to computer storage elsewhere today and apologize again. Bob should not get into an design with the customer it is out of the stores control.In any production line, a written policy can avoid or prevent lawsuits. The shoe store mountain range has clearly open that the rotation of two employees daily or weekly will occur in the store to create fairness in commission gross revenue. In addition, if only two employees are present one works in the back of the store and the other works in front, this clearly creates fairness of commissions earned (pay), good busi ness ethics practice. workings in sales requires a lot of personal judgment from a company representative. By its nature, the job relies heavily on social relationships and on persuasion. Sales people also usually work on commission if they do not make the sale, they lose cash. In the wrong hands, these elements can lead to unethical behavior, causing undue pressure on customers or vendors. Ethical behavior and doing the place or right thing is at the forefront for salespeople today. Subsequently ethical performance is an individual process and learning development related issues are definitive. Salespeople require guidelines on ethical, suitableity and discrimination issues.The guidelines should be formulated and clearly communicated to help employees to effectively deal with situations of equal pay, fairness, and or discrimination whenever the need arises. Job performance, employee mirth and customer satisfaction will prevail with knowledge and understanding of employment la ws (Bennett-Alexander & Hartman, 2007). What has head the ethical issues is the set of standards the company has worked out from human reason by which the human actions to switch Mary for Tom is ultimately creating wrong business ethics. Trading assign duties between sales and costs will not mix. The maximum concern for sales cannot go hand-in- with maximum concern for employees. Furthermore, the shoe store business has added structure to the business by creating this policy.If the manager deviates from the established policy, Bob will create unfair treatment or discrimination based on gender, which could result in a lawsuit. After Imelda mild her request that she wanted a female employee Bob was to enforce the companys policies to avoid a potential lawsuit. Bob did what was necessary to declare Imelda the companys polices and have Tom assist her with trying on shoes. Bob knows the company will lose money because of the sales preoccupied from this one client however, the ethical issue arises to do what is fair and correct according the shoe store policy. If Bob makes the switch and has Mary assist Imelda instead of Tom, Bob has violated the discrimination law-Title VII (gender) as well has violating the equal pay law (Bennett-Alexander & Hartman, 2007). The decision is allow Tom to assist Imelda and loose the extra sales. In future, the suggestion to Imelda would be to dumbfound at the store when a female worker is working the cornerstone or to come in the store to see who is working the sales floor without putting the manager in the position to make compromises. final stageDiscrimination issues can get many companies into trouble. Knowing the law is important for any manager. When questions arise that cannot be answered easily, ask for help. Title VII does not allow discrimination because of gender, meaning a man cannot be treat differently from a female and vice versa. In this case, all must be treated equally. Company policy will not allow Tom and Mary to split the commission and asking Tom to give up his commission would be illegal. Imelda will need to make her take in decision whether to shop at the Shoe Store and allow Tom to assist her or leave for some other store or until another day. The company must do what is right, what is legal. The store must treats its employees properly and do what is legal and ethical. Whereas Imelda may not be happy, the company cannot do anything that may bring a lawsuit against them.ReferencesBennett-Alexander, D. D., & Hartman, P. L. (2007). Employment law for business (5th ed.). New York, NY McGraw-Hill. University of Phoenix (UOPX). (2013). Week Three. Retrieved from University of Phoenix,