Mitsubishi Sexual Harassment Case Study
Refacing an organization is substantial for aiding the aggregate process of organizational development. This measure is responsive, especially when an organization’s labor is orientation is not properly oriented. In most scenarios, an organization will require the proper decision development, which will seek to mitigate responsive legislative protocols, and possibly challenging actions of human rights activity. It is as well good to note that most organizational human resource problems are between an employee and another employee. As a result, the top organization will naturally be inclined to harbor these cases that can be punitive the firm. This study proves that a de-facing strategy followed by a disparate treatment action can be applied to salvage the organization from a punitive legislative system. The study will appoint the Mitsubishi Sexual Harassment case, with close reference on stratagems that the organization could have applied to mitigate possible punitive actions amounted by the responsive legislative system. In the context, the study will firstly present the benefits of facing the firm legally, and secondly, the disparate theories affecting the firm and twisting them in favor of the firm.
The Benefits of re-facing for the firm legally and organization wise
In the worst-case scenario, it is appropriate to rebrand the organization by changing labor, and, in fact, this not only is important the firm legally but also the firm basic operation. Technically, the shifts in the labor changes are primarily important in the minimization of confusion and cynicism amongst the labor force. In this regard, there is a general concern of workers to be constantly protected and briefly mentioning the advent development of statutory rights. In fact, the case of the labor law, the congress, and the federal are decisive in developing a responsibility to make a change in labor policy. Indeed, the political horse-trading in labor laws has sought to apply the one-sided approach, one that seeks to protect employees. It is also good to mention that subsequent labor laws attempt to direct the arsenal to the organization’s top management even when the problem was between the employees to the employee and not employee to top management.
The general idea of making changes operates on the sustainability principle. In fact, in relation to sustainability and the extent of intervention, it is prudent acknowledge the organization’s mission adoption and the derived organizational structures. In this case, a theoretical approach seems decisive since it emphasizes on the importance of proper institutionalization of an approach that answers to the challenges of the internal organization. The Mitsubishi approach is imperative since it enables the development of newer and better ideas. Ideally, change in executive, managers, and everyone including the HR technically has a vision towards the future and employees must embrace such developments. Decisively, there are clear expectations that the Mitsubishi approach entails to other organization with similar situations. In fact, implementing this approach will ensure that there is a coherent change of business strategy. Secondly, the change will be decisive in creating quantifiable benefits. Thirdly, this approach ensures the engagement of key employees, customers, and their suppliers and other stakeholders in the process. Finally, this approach ensures that the initial investment enables the implementation of a sustaining change.
In light with Mitsubishi’s approach, it is desirable to note that HR managers happen to play a key role in formulating business strategies. In fact, this is the only that the organization can realize its full potential especially in challenging industrial times. In the motoring industry, for instance, HR forms the thesis of technical representatives: therefore, it is good to note that HR is the core of these businesses. In addition, the Mitsubishi approach is coherent since it aids the agility of top management decision and these are technically illuminated to the bottom operation. Therefore, in the worst-case scenario of sexual harassment, changing of HR top management communicates to the operations department that the organization is changing, and individual characters need to adapt to the change.
Meanwhile, the legal approach seems a needed approach in the overall face upgrading mechanism. Mcmullan (2007, pp. 650) seconds that there is needed necessity to ensure that an organization compels to the desirable factors of the EEOC. The Equal Employment Opportunity Commission (EEOC) ensures that sexual harassment cases are investigated and culprits charged. Now EEOC also has a relaxing mechanism to monitor whether the organization is complying positively to apprehend sexual harassment incidences. Therefore, in contemplating whether it is possible to apply the Mitsubishi approach it is notable that there is a derived need to comply with federal requirements and this abides to our earlier principle of sustainability.
Describe how disparate treatment and disparate impact were factors affecting this case.
Rich Gilligan was objected towards the development of the required management approach, one that sought to minimize the illegal and humiliating ways that women encountered. In addition, as part of Gilligan goal, it is notable to acknowledge that the organization was to build a solid workplace that promoted equal employment opportunities (Ayandele, 2010, pp. 37). Technically, disparate impacts principle aided Giligan development of practices, rules, and practices that would be applied on a neutral basis ‘thus, not in favor of any sex or race.” Conversely, the disparate treatment caused the intentional mistreatment of marginalized sex or race into a common healing formula.
Gilligan attempted to respond to firstly, inside the organization requirements and secondly, the EEOC requirements on an aggregate. For the legislation aspect, the courts constantly presented a special threat to the corporate nature of Mitsubishi America. Therefore, if Gilligan had done his homework appropriately, then he could have realized that the Civil Rights Act of 1964 bound Mitsubishi since it prohibited since civil rights laws do take a decisive effect on the location of where they are working, this could be the state or local law. In fact, the law permitted the taking away of employee rights granted to the federal level, and this allowed the addition of other items.
In this regard, disparate treatment threatened the firm against since offended groups will present a responsive claim based on the arguments he or she could have been treated unfairly and not equal with other employees. Inversely, through the disparate impact case analysis, the Mitsubishi could be exposed to intrinsic challenges harnessed by the bigger group. The bigger group could be a law or society. Also in support of the disparate mitigation, the jury trials and compensation and, fact, punitive damages are available only against a party alleged to have engaged in unlawful intentional discrimination (Bornholz, 2005, pp. 95). Technically, Gilligan must have understood that the jury intended to sue Mitsubishi based on the disparate theory and not a disparate impact theory, which was directed since extensive damages were based on the former and not the latter.
However, Gilligan had an option of directing the company lawyers to characterize the same set of facts under the disparate theory since this could reduce the number of legal punitive challenges that Mitsubishi was facing. As part of the direction, it is good to note that Mitsubishi lawyer was compelled by the notion that disparate treatment and disparate impact theories were mutually exclusive, and the argument should commence from that point. In the same that Mitsubishi got involved in a lawsuit, the Supreme Court revised standardized test to treat disparate treatment as individual cases and not as organizational cases. Further to this, the Supreme Court acknowledged that the two theories were functionally equivalent, and this explains where it was necessary to drop the disparate equivalent theory and pursue the individualized disparate treatment theory alone. Therefore, to salvage Mitsubishi from a legal pursuit, lawyers were expected to begin to focus their impetus from this point (Jerold, 2005, pp. 134).
In the encapsulation, these two theories affected the various levels of the cases. There was a derivative need to ensure that the plaintiff class would show a disparity the actions that could have qualified towards the improvement of disparate treatment. In this light, Mitsubishi under the stewardship of Gilligan could have defended the firm by pointing to specified nondiscriminatory employment that caused the observed disparity. As a result, Mitsubishi could have stood a better position to demonstrate the business necessity of required principles and practices. This will facilitate the organization to present a decisive argument objected to the claim presented by the plaintiff seeking to establish a prima facie disparate case (Jerold, 2005, pp. 134).
This study has attempted to present possible mitigation strategies that Mitsubishi could have employed in response to Mitsubishi’s sexual harassment case. The study has proved that re-facing is a deliberative approach as compared to existing operations. Consequently, the study has suggested the disparate treatment approach a better treatment of labor, civil suits as compared to the disparate impact approach. The underlying knowledge is that the disparate treatment would technically reduce the punitive that a firm is accrued to, and as a result, the firm would stand a better position to agitate for a regression of the case in favor of individual versus individual case and not individual versus the firm.
Ayandele, M., & Adeoye, O. S. (2010). Changing work Environment through Information and Communication Technology (ICT): Challenges to Secretarial Staff. International Journal of Computer Applications, 9(10), 35-40.
Bornholz, R., & Heckman, J. J. (2005). Measuring Disparate Impacts and Extending Disparate Impact Doctrine to Organ Transplantation. Perspectives in Biology and Medicine, 48(1x), 95-S122.
Jerrold, L. (2005). Disparate treatment v disparate impact. American Journal of Orthodontics and Dentofacial Orthopedics, 128(1), 133-135.
Mcmullan, J., & Rege, A. (2007). Cyberextortion at Online Gambling Sites: Criminal
Organization and Legal Challenges. Gaming Law Review, 11(6), 648-665.
Adopted from www.docstoc.com
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