In a case decided by the U.S. Court of Appeals or the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS)
(caselaw.findlaw.com/data2/circs/8th/013595P.pdf) a UPS dispatcher was denied a supervisory position because her boss feared that the 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 Diamond Worldwide Industries (DWI) EEO policy book and training.
Apply ethical framework, and recognize the principal legal and ethical issues facing managers.
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 no 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 ...
The well-cited solution carefully summarizes the US Court of Appeals case by first providing the facts of the case following by an analysis of the law as it applies to the facts. There are also a series of examples of related situations including notes about how to deal with them from a personal standpoint. It is an excellent summary of the subject.