The Case of Mismanaged Ms.

1. Within this corporation, there are multiple signs that suggest possible employment discrimination. · Only 20% of the employees at Triton are women. Additionally, Triton only has two mid- level managers that are women, with no women being represented at the top executive level. · Ed admitted that he chose Dick over Ruth because Dick is a man, and thought that he could better relate to clients, as they tend to be men in the factory setting. o Dick and Ruth are relatively equal on qualifications for the job, yet, Ed told Barbara that women are less reliable at higher levels because they can get pregnant, or leave their job to follow their husband based on his job/career. · It appears that promotional opportunities are only spread through word of mouth, and that word is usually not spread to women. · It appears executives are the ones making promotion decisions without consulting the HR department. The possible evidence for discrimination has a few implications · Lawsuits

o Having situational factors like this can lead to multiple discrimination lawsuits against Triton · Less diversity
o An obvious implication is that there will a less diverse executive suite. This can hurt the company as we have learned that having diversity and the inclusion of women in the executive suite is correlated with better performance, as well as multiple viewpoints/divergent thinking that can be leveraged as a competitive advantage. · Angry Workforce

o Even if oppressed groups don’t file lawsuits, there is a chance that they will remain angry and disconnected from the organization which can result in lower satisfaction, morale, engagement, etc. which can subsequently lead to lower overall performance. 2. There are a few key players in the development and implementation of Triton’s affirmative action plans and policies. · HR department (Barbara)

o It is important that HR assists and supports managers in effectively implementing an affirmative action plan and make sure that managers are effectively carrying out policies · Top executives (George-CEO)

o Needs to demonstrate commitment to the plan and show the employees that the company is serious about this program. o Needs to layout formally what the expectations and specifics of the program will be. · Functional/line manager (Ed)

o Often responsible for final hiring decisions. Need to be aware of how they are making their decisions and know if they are conforming to the affirmative action plan. 3. Ruth’s reaction to the situation is amplified by the company’s corporate culture. The following are norms that tend to go around the office: · Calendars in the backroom makes Ruth feel uncomfortable, assuming it’s a “Sports Illustrated” type of calendar. · There is a culture that says Triton is a “man’s world.” o Male employees drink and play squash together, and exclude Ruth from their activities o Ed makes remarks on how she dresses that are perceived as offensive, and refers to her as “honey” o People believe that the factory setting is more of a place for a man. In management meetings, people get confused as to why she is speaking because they assume that she is just a secretary. o Top down decision making from male executives who decide who gets promotional opportunities · Promotions are not formally posted, they get spread by word of mouth.

4. The initial burden of proof would lie with Ruth. It will be her responsibility to show prima facie that there is evidence of discrimination against women at Triton. If she can do this, the burden of proof then goes back to Triton. They have to prove that the promotions they have made have been made out of business necessity and that there is a necessary reason why women are not moving up the ranks as much as men. If the court finds Triton’s argument fair, then Ruth will then have to show that there is an equally effective way to go about making promotions that does not negatively affect women at Triton.