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    Business Law - Ethics in Business: Diversified Worldwide Industries (DWI)

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    Scenario: Congratulations! You have just been hired by Diversified Worldwide Industries (DWI), Inc., as the Vice President of Risk Management. DWI is headquartered in West Palm Beach, Florida, and has over 150 offices in 30 countries. DWI is incorporated in the State of Delaware; its ships are flagged by Liberia and the Bahamas.

    The Corporation's principal activities are grouped into the following areas:

    ENVIRONMENT: Water and water treatment, waste management;
    OIL & ENERGY: Exploration, production, transport, refining, wholesale marketing, alternative fuels research;
    COMMUNICATIONS: Telecommunications, Internet, audiovisual activities, publishing and multimedia;
    LEISURE & RECREATION: Hotels, casinos, cruise ships;
    REAL ESTATE: Builds homes and manages properties in active adult, age-restricted communities;
    FINANCIAL: Brokerage for capital market investments in Russia, Eastern Europe, China, and emerging markets;
    MANUFACTURING: Produces, distributes, markets, exports and imports spirits and wines.
    Your duties as the VP for Risk Management will require that you develop knowledge and expertise in all areas of business law, consult with corporate and outside counsel on legal matters, and advise the board as to available options to reduce or minimize the risk and liability of DWI in its ongoing activities.

    Question that is needing assistance:

    In a case decided by the U.S. Court of Appeals or the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS) (Note: If the above link does not take you to the specific case information than copy and paste the URL into the address bar of your browser. http://caselaw.lp.findlaw.com/data2/circs/8th/013595p.pdf),a UPS dispatcher was denied a supervisory position because her boss feared drivers would make her cry. Read the case and discuss the outcome of the case, whether the holdings of this case could lead to unlawful excuses for discrimination in other settings and/or against other classes, and the ethics of incorporating the principles of this case into DWI's EEO policy book and training.

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    Solution Preview

    A. The holdings of the case would not lead to other excuses because of the following:
    B. Ms. Crone admitted that for the job in question confrontational skills were required and that she did not show such skills.
    C. Ms. Crone had not been able to show exceptional confrontational skills in the past.
    D. That the ultimate decision-maker had decided on the basis of observing her confrontational skills that she was not suitable for the job.
    E. The court decided that there was not evidence of sexual discrimination.
    F. The court dismissed the discrimination case.

    The Law says:

    The essence of sex discrimination is unequal treatment on the basis of sex. The treatment must not simply be different, but also unequal, and therefore unfair. For example, requiring women and men to use separate restrooms does not constitute sex discrimination. But it is sex discrimination to provide different working conditions, salaries, hiring, promotion or bonus criteria to women and men. A unique form of sex discrimination is sexual harassment. Women and men have the right to secure and perform their jobs free of unwanted demands for romantic or sexual relationships, or unwanted communications or behaviors of a sexual nature that interfere with their ability to work.

    Sex Discrimination and the Law: Title VII
    Title VII of the Civil Rights Act of 1964 provides strong protections against sex discrimination in employment. Specifically, Title VII makes it illegal for an employer:

    "1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, or privileges of employment, because of such individual's...sex...; or
    "2) To limit, ...

    Solution Summary

    In a well-researched, 1097 solution, the reponse discusses discrimination under the law.