The Plump n’ Stuffy Stuffed Pepper Company is a company with roughly 200+ employees that processes peppers for sale throughout the United States. The main processing plant is located in Jackson, Mississippi; 75% of its employees are between the age of 22 and 30. The company requires a GED or a diploma to be a part of its custodial team and all happened to be Caucasian. I will take a closer look to see if the company is in violation of the Civil Rights Act of 1964 or any other labor laws. Before deciding if the company is in violation, let’s examine the demographics of the city of Jackson, Mississippi.
Jackson, Mississippi Jackson is not just the capital of Mississippi; it is the largest city in the state. The population is 173,631. The populace is 79. 5 % African American, 18. 3% Caucasian and 2. 2 all other races. The mean age of the city is 31. 6 years of age. 25. 8 % of the populace is women over 55 and 31. 6% are men over 55. (Areavibes. com, 2016). One more important thing about the demographics of Jackson, the state of Mississippi had the highest rate of high school drop in the nation; in 2004 the high school completion rate was a mere 50. %.
That rate rose to 62% by 2010. (Lockett, 2011) The city of Jackson has the highest rate in that state. Looking at the demographics of the city, at first glance it would appear that something is amiss. Let’s examine things closer. The Plump n’ Stuffy Stuffed Pepper Company When hiring employee we expect the hiring authorities to be ethical and to hire the best candidate for the job. When an employer doesn’t adhere to the laws, a potential employee can turn to the EEOC to help rectify the situation.
Title VII of the Civil Rights Act of 1964 prohibits discrimination against anyone based on sex, race, color, religion or national origin. (eeoc. gov, 2016) Looking at the demographic of the city it would be hard to for the HR department to justify why the janitorial staff is made up of all Caucasians in a city that is almost 80% African American. 17% percent of all janitorial jobs in America are held by African American. (bls. gov. 2016) So why are there no minorities on the janitorial staff? It is highly unlikely that no minorities applied for the job.
Before crying racial discrimination it would be wise to review the job description. A job description focuses on the job responsibilities, tasks, key qualifications, and basic skills needed to perform the job. (Wilson & Wauson, 2010) The goal should be to attract the best candidates for the open position. I believe that in the wrong hands a job description can be written in such a way it can certain candidates although they may be quality for the positions. In the beginning of 2000 there was a large influx of new hires in Southern Bell/ Bell South; I was one of the new hires.
It seems the company was on the verge a class action suit because it made it almost impossible for minority to get into certain technical jobs. The company used screening test that had very little to do with the position, but it kept many minorities out. I point this out because The Plump n’ Stuffy Stuffed Pepper Company requiring a high school diploma or its equivalent for a laborer job like a custodian can be questioned. In a city that has such a high dropout rate, it is safe to assume that some of those dropouts will have learning disabilities.
Under the ADA, a qualification standard, test, or other selection criterion, such as a high school diploma requirement, that screens out an individual or a class of individuals on the basis of a disability must be job related for the position in question and consistent with business necessity. (Konopasky, 2011) According to Attorney Konopasky, the employer has an obligation to reasonably accommodate an applicant with a disability; also requiring a high school diploma to exclude anyone with a disability is illegal.
The employer has to justify why a certain level of education i. e. operating sophisticated or technical equipment. (Konopasky, 2011) Another issue at the company that may raise an eyebrow is that the bulk of the employees at the plant are under 30; this too may be by design. A younger employee in their 20’s mostly will still live at home or with a roommate. I know I did and for this reason, I would accept less than I desired when negotiating with a potential employer. As I got older and gained a wife and family, my responsibilities made me less flexible.
So examining the local demographic of city and the one of the company, we can say it isn’t they in no way match at least in the janitorial department. It would be easy to say that the company is in violation of the Civil Rights act of 1964 and other labor laws; however I am not one to quickly jump to conclusions at least not without sufficient data. A review the company’s job applications would paint a clearer picture. It would show exactly who is applying for vacancies. Armed with that information then we can question the methods the perfect candidates are chosen.
Just the past week my wife, who is the superintendent of the services squadron on the local Air Force Base, was told that a few airmen was complaining that places all the African Americans in the gym. She took the complaint to heart. The services squadron is responsible for the gym, dining facility and lodging. The squadron is predominately made of African Americans and immigrants. The military will accept people who are new to the country, who don’t have their citizenship but that can only hold certain jobs.
Carol’s (my wife) way of deciding who goes where is simply, she is told there is a new person arriving and she sends them to the position that been open the longest. She only gets the name and nothing more. I chuckled because the unit is 85% African American so they are in all services facilities. I told her she will never make everyone happy, but she should make it known how the decision is made. There are changes that The Plump n’ Stuffy Stuffed Pepper Company to make sure that are in full compliance with the Civil Rights Act of 1964 and the EEOC Company Improvements I feel the HR department can use an overhaul.
There should be a clear set of rules for hiring. First, the manager must consider what will produce the greatest good for the company and its immediate stakeholders. Second, the manager must determine what actions and decisions will produce the greatest good for society. (Adler & Gilbert, 2006) The age issues can be addressed by making a conscious effort to hire some older workers. Most companies today have programs for military veterans and retirees. This will add to the company’s diversity and skill based. In the janitorial department, there are a few changes that can make a difference.
My prior data should that statically that many custodial jobs are held by poor and minority citizens. Lots jobs today only take on-line application and many of the fore mentioned group have limited or no computer access. These folks are less likely to complete a job application. (Adler & Gilbert, 2006) It would benefit both the company and the applicant to make the process easier. Lastly all jobs need to be analyzed and updated job descriptions written. The skill and education requirement should match the job. The company aim should be to diverse as possible. Conclusion
A close look at the Plump n’ Stuffy Stuffed Pepper Company revealed that there are some issues to include ageism, and possible racism. The main plant is in a city that is predominantly African American; however it janitorial staff is comprised of all Caucasians. As stated before I would like a little more data before stating the company is in direct violation of the law, although it appears that way. The key to getting the company well within the confines of the law is diversifying and to restructure its hiring process. It may need to put in place an internal affirmative action to ensure the company is diverse.
Appendix When researching for references to use in my paper the first thing I try to do is find a source that is easy to understand. I have come across some in the past that left me more confused than I was before I read them. Because I am new to some of the topic and issues we cover it is very important to me that I fully understand the information that is being relayed. At the beginning of my first class, we were told not to quote and wiki sources. I used to depend on Wikipedia heavily when it first came out; that is until I found out anyone can edit it.
I will admit if I am not clear on an issue I still will use it to see if it helps me understand. One reference I used was the The AMA Handbook Of Business Writing. Since starting this major in the fall, everything we’re done so far was to be written in an AMA format. I found this handbook helpful because it’s not just a writing guide but it defines many business terms and give examples also. In my previous courses I learned how important it is to do a correct job analysis and write a good and precise job description. I like the way the AMA handbook broke down the detail of a job description so I used it.
Tused the EEOC and the BLS for references because they both are federal agencies and are staffed with subject matter experts. These sources often have laws and rule somewhere on the site or a hyperlink to them. Although I didn’t use it for this case the SHRM website alone with the EEOC & BLS site are site | check often for information. I used city vibes website to get my Jackson, MS data. It is more of a travel sites but it a reliable source. Before I visit any place l;ve never been look it look on city vibes it provides updated statistics.
