Question

Wings Hospital has had a busy week. Two issues have arisen: (1) an employee was dismissed just prior to unionization, and (2) a veteran was interviewed but not hired for a position and is alleging discrimination and harassment.

The hospital has just been unionized, and an employee was dismissed who was a designated union representative. The employer said she was found chatting with other employees on social media about the union during the lunch break on company computers 24 hours before the union was voted in, and the former employee filed a charge with the regional labor relations office.

In addition, the company’s CEO has received a charge of discrimination and harassment regarding a female veteran who was interviewed but not hired for an insurance coordinator position. The veteran claims the interviewer was making unseemly gestures towards her during the interview.

You can consult both your assigned chapter reading and the U.S. National Labor Relations Board (NLRB) website to address the checklist items below:

Checklist:

• Identify the labor relations law(s) pertaining to the two dismissed employees.
• State the potential steps that will be taken by the NLRB regarding the charges filed by the former employee.
• Identify the EEOC laws related to the alleged discrimination and harassment charges brought by the veteran who was interviewed but not hired.
• State remedies or actions needed to be taken by the HR Department/Wings Hospital to comply with the EEOC and labor relations laws that applied to this scenario.

Answer 1

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Identify the labor relations law(s) pertaining to the two dismissed employees.

The first issue, related to the dismissed employee who appears to believe she was wrongfully terminated, has filed a charge with the regional labor relations office. Since she was a designated union representative and filed the charge it seems she’s attempting to use The National Relations Act, where “employees may choose to take part in union organizing or other activities on behalf of a union. That includes talking to one another on social media about organizing” for her claim.

However, if the hospital has any policy specifically requiring employees to use their own devices to access social media, or other websites known to contain or link to malware, then that employee may be at risk of losing the claim. Most healthcare work environments have strict policies about using their electronic devices, including computers, for personal communications as a potential breach in protection could result in external access to P.H.I., or Protected Health Information, which is regulated by H.I.P.A.A, or Health Insurance Portability and Accountability Act that was passed by Congress in 1996.

The second issue is related to a charge of discrimination and harassment where the female interviewee claims the interviewer was making “unseemly gestures” towards her during the interview. The first assumption here is that the gestures were sexual in nature, and given this is a female veteran, the discrimination assumption will be regarding her gender. This particular situation comes up often, as many people seeking employment opportunities don’t realize that they too are protected by Title VII’s prohibition of sexual discrimination even if you are not an employee.

State the potential steps that will be taken by the NLRB regarding the charges filed by the former employee.

According to the NLRB website, when an charge is filed the first step is the Investigation, where the “Regional Director determines whether formal action should be taken.”, then this could result in an Injunction, where the “Regional Director must ask district court for temporary restraining order in unlawful boycott and certain picketing cases” and/or the Compliant and Answer step, where the “Regional Director issues complaint and notice of hearing. Respondent filed answer in 14 days”, then the Injunction.

However, a Withdrawal – Refusal to Issue Complaint – Settlement, could occur after the Investigation or it could proceed onto the Hearing and Decision step, where an “Administrative Law Judge presides over a trial and files a decision recommending either” a Remedial Order, where the “board finds respondent committed to unfair practice and orders to cease and desist”, to a Dismissal, where the “board finds respondent did not commit unfair practices and dismisses complaint”, Other Disposition, where the “board remands case to Administrative Law Judge for further action, or it could move on to the final step of Court Enforcement and Review, where “court appeals can enforce, set aside or remand all or part of the case”.

Identify the EEOC laws related to the alleged discrimination and harassment charges brought by the veteran who was interviewed but not hired.

“During the civil rights movement of the early 1960s, Congress enacted Title VII of the Civil Rights Act to ensure that various minority groups received equal opportunities in many areas of life” specifically identifying while seeking employment. If the charges were not related to her gender, but possibly her age, since the scenario only states the interviewer was making “unseemly gestures” or inappropriate gestures, there is the Age Discrimination in Employment Act of 1967, that protects people that are 40 years old+.

State remedies or actions needed to be taken by the HR Department/Wings Hospital to comply with the EEOC and labor relations laws that applied to this scenario.

The federal government has formed the Equal Employment Opportunity Commission (EEOC) to enforce Equal Employment Opportunity (EEO) laws, including Title VII. According to the EEOC website, the “best practices for employers and human resources/ EEO professionals to prevent harassment, is to “adopt a strong anti-harassment policy, periodically train each employee on its contents, and vigorously follow and enforce it” .The policy should include items like:

• Clear explanations and examples of the type of conduct that is expected,
• Employees who file complaints will be protected from any and all types of retaliation from the person performing the harassment and from anyone who knows about it,
• There be a clear complaint process with multiple means for complaints to be filed,
• Assurance that after filing the complaint the employee receives protection from the employer,
• The process is quick and impartial, and
• Finally, “immediate and appropriate corrective action” is taken.

The NLRB website offers similar guidelines and both sites offer other resources, like publications, that can help HR departments. “Employers must keep these records for at least six months or until a complaint is resolved, whichever is later” .

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