DB FPX 8410 Assessment 1 Analyze a Set of Worker Complaints

Student Name

Capella University

DB-FPX 8410 Addressing Problems in Human Resources and Compliance

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Date

Executive Summary

This report, commissioned by senior management, aims to analyze various employee complaints and assess their potential risk to the company. A risk assessment was conducted to better understand the risk environment. It is your legal responsibility to promptly investigate all workplace allegations of discrimination, harassment, and noncompliance with the law, including violations of company policies. Relevant information has been organized, and each complaint is detailed in the enclosed analysis table.

What We Recommend

Focus on complaints that pose the highest risk and exposure to your company. This strategy will benefit your overall business approach. Since higher-risk complaints have the most significant impact and can present the greatest value loss, it is logical to prioritize them. To mitigate future risks, we highly recommend the following actions:

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

Our Methodology

Our recommendations are based on:

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

What We Covered

Complaints were collected from three sites: Illinois, Georgia, and Alabama. A total of 30 complaints were analyzed, ranging from low to high in terms of legal risk, with low being the least legal exposure and high being the greatest. Each complaint was entered into the table and thoroughly analyzed to understand the severity of the issues and determine the appropriate course of action. Proper documentation and confidentiality are crucial for effective Human Resources management (Schrimsher & Fretwell, 2012). Each complaint is briefly summarized in the table.

After reviewing the data, we determined that several complaints could be in direct violation of various laws, including OSHA, 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

The analysis chart indicates several high-risk exposure claims. Notably, there are over five wrongful death claims, four of which allege that the company was negligent in providing a safe workplace. These claims state that employees contracted COVID-19 and died as a result. Additionally, four claims, including one from an anonymous employee, suggest potential violations of current OSHA guidelines. Under the OSH Act, you are responsible for providing a safe and healthy environment for your workers (United States Department of Labor Occupational Safety and Health Administration). If proven negligent, these cases may pose significant legal risks for your company (Gjelten, n.d.).

Charles Jackson’s case may also present high legal exposure. Mr. Jackson, a long-standing physically disabled Data Entry Clerk, claims he was fired for not being able to perform his tasks accurately. He was told he is not efficient due to the increased workload caused by the limited workforce during COVID-19 and was given a 30-day notice instead of the required 60-day notice. This case could fall under violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (Northern Illinois SHRM, 2020), as well as potential violations of the Age Discrimination Act (U.S. Equal Employment Opportunity Commission, 2021).

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

Another possible high-exposure case is that of Amare Kwame. Mr. Kwame, an Engineer, states that only people of color (African Americans, Latino, etc.) were called back to the office, and 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 proven true, 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 highlighted the complexity and magnitude of growing risks for businesses. This unprecedented natural disaster has set a new normal that will impact all businesses (Am et al., 2020). While COVID-19 has caused fluctuations in the workplace, it does not excuse negligence or the neglect of employee voices. You must meet these challenges by mitigating risks immediately and conducting strict investigations to resolve complaints promptly.

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