This paper discusses disparate treatment, the differential treatment of individuals because of their membership in one or more protected classes, such as African-American, older, or disabled.
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Paper Summary:
This paper uses two legal cases to illustrate disparate treatment in business: Monica M. Garcia v. Woman's Hospital Of Texas, which concerned health issues due to pregnancy, and Meacham v. Knolls Atomic Power Lab, which concerned older workers. The author points out that Office Depot, to avoid charges of disparate treatment, provides chairs at the register for pregnant employees who are customer service representatives and has a community-supporting policy of seeking older employees. The paper concludes that employees have multifaceted rights under federal, state, and local statues; therefore, managers must not make judgments without consulting with their legal advisers and human resources experts.
Table of Contents
Disparate Treatment
Disparate Impact
Monica M. Garcia v. Woman's Hospital of Texas
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Meacham v. Knolls Atomic Power Lab
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Conclusion
From the Paper:
"Ms. Garcia became pregnant while working at the Women's Hospital of Texas. Ms Garcia was forced to convalesce at home by her doctor because of health related issues due to the pregnancy. Her doctor released her to return to work after a few weeks, believing she was fit to perform her duties. The hospital administration, consistent with hospital policy, required the doctor to certify on a prepared form that Garcia could perform a variety of ostensibly required tasks. Her doctor certified that Garcia could perform all of the listed tasks with the exception of pushing, pulling or supporting 150 pounds. (Garcia V. Woman's Hospital of Texas, 1996) Consistent with hospital policy, Garcia was not allowed to return to work with the above limitation, and after she was on leave for more than six months the hospital terminated her, again consistent with hospital policy."
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