HR Problems in Litigation

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 c

. . .
with the Miller Brewing Co. in March 1993. The company's stated reason for the termination was a contention that Mackenzie demonstrated poor managerial judgment. The company contended further that Mackenzie sexually harassed a coworker by discussing an episode of the television program Seinfeld. The specific episode of the program was the one in which Seinfeld tries to guess the name of his date, which he knows rhymes with a part of the female anatomy. The date's name was Delores (Mackenzie v. Miller Brewing Co., Wisc. Ct. App. 2/22/00). Countering Miller's charges, Mackenzie contended that his firing was improper, the coworker was not harassed, and that the company was looking for an excuse to terminate him. Mackenzie brought suit against the Miller Brewing Co., the coworker (Patricia Best) he was accused of harassing, and Robert Smith, who was a Vice President of Miller Brewing Company and Mackenzie's supervisor at the time of the supposed harassing incident and Mackenzie's termination (Mackenzie v. Miller Brewing Co., Wisc. Ct. App. 2/22/00). Mackenzie charged that Best was not offended by the discussion of the television program, that she regularly used vulgar language in the work place, that Smith had concealed from
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Some common words found in the essay are:
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Approximate Word count = 2006
Approximate Pages = 8 (250 words per page)

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