Business Management: Blue Star Services & Logistics (BSSL), Inc - Essay Example

Sexual Discrimination on The Basis Of Gender – A Case Study Sarah Crone was a dispatcher working for the Unite Parcel Service in the United s. She was denied a promotion to the post of supervisor even though she was technically eligible for the job. The reason provided by her superior was that this job required confrontational skills since supervisors had to deal with truck drivers on a regular basis. He felt that as a woman, Sarah Crone could not handle the probable crude behavior of the truck drivers.

Ms Crone sued United Parcel Service for sexual discrimination under the Title VII, 42 U.S.C. § 2000e-5, and the Arkansas Civil Rights Act, Ark.Code. The learned court ruled that “In the absence of any evidence of discriminatory intent, however, it is not the prerogative of the courts or jury to sit in judgment of employers management decisions.” (Sarah Crone, plaintiff-appellent, v. United parcel service, Inc., defentant –appellee United States Court of appeals, eight circuit.-301 F.3d 942, 2002).

The court was of the opinion that the company had genuine reasons for not giving Ms Crone the promotion and the appeal was dismissed.If such an event had occurred in Blue Star Services and Logistics Inc. the result would have been the same. The EEO policy book of the company cannot include provisions that are contrary to the above mentioned rule in the Arkansan Civil Rights Code. Moreover, the book specifically states that the company will look after the welfare of the employees. In case Ms Crone is harassed by crude behavior of drivers, it will amount to not protecting the rights of an employee.

No company will willingly do such an act unless it wants to intentionally harass an employee. Ms Crone could argue that being a woman does not mean that she cannot handle such situations. But in this case, her supervisor who apparently knows her well will know whether she is up to it or not. It would also be difficult for Ms Crone to prove the fact. Another area in which Ms Crone erred was the procedure to be followed in cases of harassment. “While Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, it also lays out the procedures for potential litigants to ensure that they have followed before they consider legal action.

” (Legal case study of Sarah Crone v. United States parcel service (2002): Implications for employers and sex discrimination, 2008). There are prescribed conflict resolution channels before an employee should file a case. Each company including Blue Star will have its own procedures to follow in such instances.Even if Ms Crone moves to a higher court, the decision will not have been different. If such an instance happened in Blue Star Logistics, they could take recourse to the sections mentioned in Title VII of the Civil Rights Act of 1964.

It is true that discrimination has happened since the she was technically qualified for the job and she could prove it in court. Even if a person proves this fact the respondent can use a clause mentioned in section 703 of the Civil Rights Act. According to section 703(k), the employer is liable only if he or she “Fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.” (Title VII of the civil rights act of 1964, 1997).

It is normal practice for organizations not to employ women where she has to deal continuously with rough people who can be very brusque and tend to use bad language. Being a supervisor dispatcher in any company including Blue Star will involve in dealing with such persons. Truck drivers usually have a tendency to behave in the above mentioned manner. There is no evidence of any statement on the EEO policy book of Blue Star to suggest that the company will provide advancement opportunities irrespective of the dangers or difficulties that a position may hold.

Blue Star can argue in the same manner as United Parcel Services did in the case of Ms Sarah Crone. If such an instance happens here which is similar to the case mentioned here there is no probability that a court will give a verdict of sexual discrimination. The only point to be noted is that the company should act in the genuine interest of the employee irrespective of caste, color, sex, background or religion. There may be ladies who are capable of taking such positions, but then it is the prerogative of an ethical manager to understand whether his or her (female) subordinates happen to fall into that category.

If not they can refuse promotion on the basis of lack of ability to handle the job and for the safety of the subordinate. ReferencesLegal case study of Sarah Crone v. United States parcel service (2002): Implications for employers and sex discrimination. (2008). Edu Deposit. Retrieved January 31, 2009, from http://www.edudeposit.com/browse-by-content-topic/18-law-criminal-justice-and-crime/129-legal-case-study-of-sarah-crone-v-united-states-parcel-service-2002-implications-for-employers-and-sex-discriminationSarah Crone, plaintiff-appellent, v.

United parcel service, Inc., defentant –appellee United States Court of appeals, eight circuit.-301 F.3d 942. (2002). Justia: US Court of Appeals Cases and Opinions. Retrieved January 31, 2009, from http://cases.justia.com/us-court-of-appeals/F3/301/942/597490/Title VII of the civil rights act of 1964. (1997). The US Equal Employment Opportunity Commission. Retrieved January 31, 2009, from http://www.eeoc.gov/policy/vii.html