LITIGATION RELATED TO HUMAN RESOURCES MANAGEMENT ISSUES
This research analyzes human resources problems inherent in litigation related to organizational human resources management, and focuses on the problems and issues involved in two relevant cases. Both cases involved charges of sexual harassment. The scope of the charged sexual harassment varied in each case, as did the organizational responses. One of the two cases also involved retirement benefits. The two cases are as follows:
Chalmers v. Quaker Oats Company, Seventh US Ct. App 94-2792 8/15/95
Mackenzie v. Miller Brewing Co., Wisc. Ct. App. 2/22/00
In an effort to send a clear message to employees regarding the consequences of their engaging in inappropriate and potentially unlawful conduct, some employers apply policies against sexual harassment that are stricter than are required under the law (Parliman & Kelly, 1995). In a court case, the Seventh United States Circuit Court held that an employer did not act arbitrarily or capriciously by denying severance benefits to an executive employee terminated by the company for violating its policy against sexual harassment, even though his conduct did not amount to a violation of federal law (Chalmers v. Quaker Oats Company, Seventh US Ct. App 94-2792 8/15/95).
In the Quaker Oats case, the executive in question had been the subject of a previous sexual harassment complaint and was required by the company to attend training classes after an investigation revealed that he had engaged in a pattern of sexual harassment of female employees. In addition to reducing the executive's compensation, the company warned him that any further incidents could result in his termination. Thereafter, another female employee complained that the executive had attempted to kiss her. After the company's investigation confirmed the alleged kiss, the company terminated the executive's employment (Parliman & Kelly, 1995).
The Benefi...