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September 10, “Good Help is Hard to Find and Keeping it is Even Tougher A Case Analysis The case en d “Good Help is Hard to Find and Keeping it is Even Tougher” presented issues pertaining to sexual harassment in the work setting, discrimination due to disability (psoriasis), inability to provide reasonable accommodation, and retaliation claims (Leonard). At the onset, Paul Davis, a waiter at Black Beard’s restaurant was described as an exemplary employee. It was disclosed that he was frequently being requested by customers to serve them and that he was one of the highest grossing waiters (Leonard).
The description effectively pictured Davis as a competent and highly qualified personnel for his ability to perform his duties and responsibilities according to the expectations of the clientele. The initial problem allegedly ensued two and a half years ago when Davis apparently had sexual relationships with one of his supervisors, Susie Jones. The relationship reportedly ended after nine months. Even after the relationship ended, Davis reported to the General Manager, Mark Evans, which Jones had continued to sexually harass Davis in the work setting.
This is a relevant issue since sexual harassment was noted to be a violation of the organization’s policies and procedures; and more so, of the laws and regulations stipulated by the Equal Employment Opportunity Commission (EEOC). Another relevant issue stemmed from Davis’ reportedly being afflicted with a skin condition, psoriasis, that recommended his not wearing underwear so as not to exacerbate the alleged irritation and swelling within his genital area (Leonard). To this, when he had to change to the prescribed uniform, other employees see him naked.
Thus, another relevant issue that is related here is the inability of management to allot a reasonable accommodation where he and the other employees could change in private. As noted, Davis even suggested using the basement room (even if it had no door), rather than the common room which exposed him to other employees. In addition, it is also important to note that apart from these issues that were identified, the fact that Davis had reported matters to Evans, which were not effectively addressed, made the charges pressing.
As reported, the sexual harassment issue was reported by Davis to Evans six months after their relationship ended; but apparently, Evans failed to make any remedial action (Leonard). Evan’s failure to address this matter was evident since the sexual harassment incidents continued and even caused Davis’ to be assigned to less profitable areas and where he was allegedly singled out for undeserved disciplinary write-ups from Jones (Leonard). Finally, although Davis’ action for leaving the restaurant in the middle of his shift without permission was out of bounds, still, the employer could have provided less stiff sanctions, as this was apparently a first offense.
He could have been warned or reprimanded for this untoward and unprofessional behavior. At his return to his post, he was reportedly fired by Evans. Overall, the case was replete with instances that showed violations of the EEOC policy, specifically Title VII of the Civil Rights Act of 1964 (Title VII), which clearly indicates that the law makes it clear that employers should not discriminate against employees on the basis of gender, sex, race, color, religion, and even disability; also should not retaliate against employees who filed due complaints; and should find ways and means to provide reasonable accommodations to employees, as deemed fit and as prescribed by law.
Work CitedLeonard, Jr., E.C. "Good Help is Hard to Find and Keeping it is Even Tougher." Leonard, Jr., E.C. Supervision Twelfth edition Concepts and Practices of Management . Cengage Learning, 2012.
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