“In June 2015, Pioneer Hotel, Inc. in Laughlin, Nevada agreed to pay $150,000 and furnish other relief to settle a national origin and color discrimination lawsuit filed by the EEOC. The EEOC charged that a class of Latino and/or brown-skinned workers was subjected to a barrage of highly offensive and derogatory comments about their national origin and/or skin color since at least 2006. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. In addition, the EEOC asserted that Latino/brown-skinned workers were told not to speak Spanish during their break times. Pioneer failed to stop and rectify the harassment and discrimination despite repeated complaints by the Latino/brown-skinned workers. Pioneer entered into a four-year consent decree that prohibits Pioneer from creating, facilitating, or permitting a hostile work environment for employees who are Latino or darker-skinned. Additionally, the hotel agreed to hire an outside equal employment opportunity consultant to ensure that the company implements effective policies, procedures, and training for all employees to prevent discrimination, harassment, and retaliation. Pioneer management will receive additional training on its responsibilities under Title VII and will be required to immediately report complaints to the human resources department, create a centralized system to track complaints, and be held accountable for failing to take appropriate action. Notice of consent decree will be visibly posted at the hotel” EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. 2:11-cv-01588-LRH-GWF (D. Nev. settlement June 18, 2015).
In your response provide a well-rounded argument with the following responses based on your research:
How should Pioneer Hotel, Inc. have handled the complaint of harassment? (Provide a detailed response.)
Is this unlawful harassment? By what federal statue?
Please identify what actions Pioneer should have taken? What action should be taken regarding the supervisor and staff based on your knowledge and research?
What type of policy should the outside equal employment opportunity consultant create an implement? Provide a detailed summary of what should be included and why.
What is the significance of the case?
The Color Discrimination Case Study
Guide On Rating System
Vote
1. Pioneer Hotel, Inc. should have promptly and thoroughly investigated the complaint of harassment. They should have taken the allegations seriously and ensured that a fair and impartial investigation was conducted. This would involve interviewing the complainant, as well as other potential witnesses, and gathering any relevant evidence, such as emails, documents, or surveillance footage. It is important for the company to document the details of the complaint, including dates, times, locations, and specific instances of harassment reported.
Upon completion of the investigation, Pioneer should have taken appropriate corrective actions to address the harassment. This could include disciplinary measures against the supervisors and co-workers involved in the inappropriate behavior, such as reprimands, training, or even termination. The company should have also provided support and counseling to the affected employees, ensuring they feel safe and supported in their workplace. Additionally, it would be crucial for Pioneer to implement preventive measures to avoid any future instances of harassment, such as training programs, setting up reporting mechanisms, and fostering a culture of inclusivity and respect.
2. Yes, this is unlawful harassment. The federal statute related to this case would likely be Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, national origin, religion, or sex. The EEOC charged Pioneer Hotel, Inc. with national origin and color discrimination, which are covered under this statute.
3. Based on the seriousness and long-term nature of the harassment, Pioneer should take appropriate actions against the supervisors and staff involved. This may involve disciplinary measures, ranging from retraining and counseling to termination, depending on the severity of their involvement and any prior history of similar behavior. It is essential for the company to send a clear message that harassment and discrimination will not be tolerated in the workplace, and that individuals involved will face consequences for their actions.
4. The outside equal employment opportunity consultant should create and implement a comprehensive policy on harassment, discrimination, and retaliation prevention. This policy should outline the company's commitment to maintaining a respectful and inclusive workplace, and provide clear guidelines on reporting and addressing complaints. It should include information on how to report incidents of harassment, details on the investigation process, and the consequences for individuals found responsible for harassment. The policy should also emphasize the prohibition of language or behavior that targets individuals based on their national origin, color, or any other protected characteristic. Regular training programs should be conducted to educate all employees about the policy, their rights, and responsibilities.
Additionally, the policy should establish a mechanism for regular monitoring, evaluation, and reporting of compliance with the policy. This would involve tracking and analyzing complaints, monitoring the effectiveness of the prevention measures, and making necessary adjustments to the policy as needed. The consultant should also ensure that the policy is aligned with federal, state, and local laws and regulations, as well as best practices in the industry.
5. The significance of the case lies in the outcome. Pioneer Hotel, Inc. entered into a consent decree, which indicates their agreement to implement significant changes to their policies and practices to prevent harassment and discrimination. This case serves as a reminder to employers that they have a legal obligation to maintain a workplace free from harassment and discrimination. It highlights the importance of promptly addressing complaints, conducting thorough investigations, and taking appropriate actions to prevent future incidents and create a positive work environment for all employees.
Got a question with my answer?
Cheapmath.com is completely free!
Asking question is free.
Getting answers is free.
+99