Clarian Health Partners Human Resource Analysis - Case Study Example

TYSON V. CLARIAN HEALTH PARTNERS INC. This case refers to multiple issues. Due to the fact that Tyson, an employee sacked, challenged her employers Clarian Health Partners Inc, decision to terminate her on account of religious discrimination, this case is usually being viewed in a religious perspective. However, an in depth analysis has revealed that there might be other reasons behind this termination and the jury might have considered those reasons while making their decision. Stake Holder Analysis: The major stake holders in this situation are the Manager Mr. Rio, The employee Ms. Tyson, The Management of Clarian Health Services Inc, which has not even been mentioned once in the case. Apparently, Mr. Rios can be having the following reasons to terminate Ms. Tyson: Discomfort in working with Ms Tyson at a personal (non-religion related) level Problem with her time keeping Preference of working with someone else Problems with her religious performances The Management perspective: It is always better to terminate an employee who is not a perfect organizational culture match in the initial stages rather than going through the lengthy process of finding, recruiting, training and terminating at a later stage. Termination at early stage reduces chances of future conflict The harm to the organizations reputation in case of litigation Ms Tyson’s Stakes: It is important for her career growth to complete her probation period with her employer The hassle and financial difficulties associated with joblessness and the search of a new job. Chronology of Events: It can be inferred from the case that at the time of recruitment the management was unaware of Ms Tyson’s religion as she told her manager after one week that she is a Muslim. Ms Tyson was aware that previously employed Muslim women use the basement as prayer area, so when Mr. Rios identified that she could pray in the chapel, she said that she preferred the basement. Later Mr. Rios complained about her coming back late to work but no counseling was provided nor was any warning issued. Eventually, she was sacked on the grounds that she used an empty patient room bathroom for ablution. Basic Issues: The problem is the lack of due process recruitment & termination processes & procedures which can be seen from unilateral decision coming from the Manager rather than a joint decision where many of the members of the management sit together, negotiate, counsels the employee, warn and then if the process fails, eventually resort to termination. The major issue that Ms.Tyson faced is that she believed that her manager Rios had a problem if she performed her religious rituals and this bias eventually led to her termination. Another issue is that a manager is a manager and Rios own performance is accountable to his superiors on his sub ordinates performance. Due to this, I would like to dissent from the court decision. It is true that a level of discomfort exists when interacting at a close level with people from other religions. However, in a working environment, these issues should be overlooked and apart from the disciplinary and code of conduct guidelines, every one should be free to perform their own rituals. The flipside of this could be a Christian employee working in an organization which has a Muslim majority. It would be discomforting for his peers when he is openly eating while everyone else is fasting. So, in order to progress, this level of discomfort needs to be overcome. This applies in effect to any intern; new employee who joins work and finds her/him is sharing a washroom with a Muslim who is performing ablution. A level of understanding and tolerance of adversity needs to be developed. As an employer, I would keep my eyes on the end result i.e. focus on the end product and I would realize that organizations have their own individual culture which is a result of the sub–cultures its employees bring with them from their places of origin to the workplace. This diversity provides certain advantages as well for example penetration into certain social networking circles which might be closed otherwise. If I see growth prospects in territorial expansion and see a brighter future for Clarian Health Partners in a Muslim majority country like Pakistan, I would go ahead with it and would definitely recruit locals for day to day operations for ease in getting access and to get over the language barriers. Considering this, as an employer, I would put aside all my religious practice differences, and even go to the extent of facilitating other religions in order to achieve future profits. Possibilities: It seems that there was some kind of communication gap whereby Rios was unable to convey to Tyson his impatience with her coming back late to work from prayers. It might be that Mr Rios had other problem which he never expressed for example why Ms. Tyson chose the basement which was further away as compared to the chapel which was nearer, or why he did not officially and formally inform her that patient bathrooms were out of bound. Likewise, why it was not investigated why Ms Tyson did not use the public washroom and it came out in the court that the basins were high. If all these matters were talked out, termination would never have resulted. Another possibility was to have allowed her to use her lunch time, which is in effect, her break from work, to use for prayers. Simple measures like allowing a maximum ten minute break for prayer, setting fixed prayer timings and facilitating her with ablution issues or resolving any issues that she faced in praying at the chapel could have easily overcome these small problems without affecting the organization. The problem with this would be to arrange plumbing services in order to facilitate her which would require approvals. However, the cost involved would not be very significant and since there are other Muslim women in the organization, it would be a worthwhile expenditure but would guard the company against any religious discrimination charges that can be raised in the future. Recommendations For the long term, I would recommend that a small room with an adjacent customized washroom should be built up for the Muslim women along with fixing the prayer timings. The cost of investment can be shared by the management and the concerned employees and a small amount can be deducted fro their salaries to avail these services. CASE II: RABIDUE V. OSCEOLA REFINING CO. This case refers to an instance where plaintiff, Rabidue, accused a colleague Henry, of subjecting all the females of her office and herself to ‘hostile environment sexual harassment’ by subjecting them to vulgar comments, staring and nudity. Rabidue challenged her termination in court and claimed that the hostile work environment had a negative impact on her performance. Her claim was denied. Stakeholder Analysis: the key stakeholders in this dilemma were Rabidue, Henry and the management of Osceola. The stakes for Rabidue were: Her career, as her performance was deteriorating The psychological stress that this situation was causing her Her reputation The stakes for the Management were: Henry, an indispensable employee possessing rare skills and without any replacement The reputation of the company The stakes for Henry Apparently, Henry was secure in the situation and was completely aware that he can not be terminated. Chronology of Events: Apparently, Rabidue was terminated due to her many job related problems including her opinionated personality and her inability to work with customers and co-workers. Instances show that it was the overall anti-female work environment which led to deterioration of Rabidue’s performance level. There was discrimination in other forms for example she was not allowed to take clients out for lunch, and on the other hand blamed for not being able to perform due to this very reason. She was accorded secondary status evident in her protocol less seating arrangement with the hourly ladies workers whereas the rest of her co –workers were briefed in advance and standing upfront. Issues: The basic issue with Osceola was that it was a male dominated company with only one female employee. Even though the anti discrimination policies existed but they did not know how to deal with friction at the horizontal level. The situation was worsened by the apparent belief that a man was better suited for Rabidue’s job and in comparison the indispensability of Henry. Another issue is that Osceola did not have proper succession planning. Skills no matter how rare they are, are always present. Osceola as a company was vulnerable to exploitation by Henry and any other indispensable employee due t the authority they hold. Possible Solutions: The management was made aware of the situation by many complaints by Rabidue and other females about Henry’s behavior. The work environment could have been improved by devising a strict code of conduct pertaining to office behavior including a ban on nude pictures and other assortments and accessories to that end, banning porn on computers and in any other way during office hours. As for Henry, disciplinary actions could have been taken like maybe fuel cut for one month for reported vulgarity. Carrots and stick policy should have been adopted to tame his behavior. Recommendations: I would recommend that Henry should be kept so busy that he forgets all of these. One of his additional job responsibilities that I would assign him as his superior, would be to train his sub-ordinates, in essence, diluting is cutting edge advantage. At a later stage he can be tamed and disciplined. Likewise, his cvommunication at the horizontal level should be minimized and a co-coordinator or any other intermediary can take over this responsibility from him .A talent hunt program should try and acquire similar skills as those of Henry. And Rabidue and other females should be facilitated by removing any evidences of anything that have sexual implications. Read More