Main problem in the case: lack of HR department to oversee the HR function and administer all HR specific issues and problems. Violation of the EEOC (Equal Employment Opportunity Commission) and Pregnancy Discrimination Act Consequences of the problems: firing of Henry Jaques, demotion of Gavin and elimination of his position from the organization, discharging Miriam for pregnancy issues, and turning down of Bandag truck maintenance service people who applied for the driving job.
1. Given Bandag Auto’s size, and anything else you know about it, should we reorganize the human resource management functions, and if so why and how? Yes, Bandag should reorganize the human resource management functions because there is no structured human resource department in the Bandag to coordinate and manage human resource functions and issues. In today’s competitive world of business, employee’s management, motivations and satisfactions are keys to success. Therefore, to be more competitive and to retain and satisfy the human resources in the organization, they should have systematic and structured human resource management department so that they can manage human issues in the organization. To restructure the human resource department Bandag can open new separate department and assign HR specific roles and duties to perform. They can hire HR specialist to lead the department.
2. What, if anything would you do to change and/ or improve upon the current HR systems, forms, and practices that we now use? The main thing I would change and improve the existing systems is to established new functional areas within the organization specifically for human resources and carries all the people related functions, issues and problems from that functional area. The major thing I would do is recruit/ hire a HR specialist to manage the HR issues. In addition to this, I would make sure that the organization is following all the US labor Act’s like EEOC (Equal Employment Opportunity Commission) and Pregnancy Discrimination Act etc. 3. Do you think that the employees that Jim fired for creating what the manager called a poisonous relationship has a legitimate claim against us, and if so why and what should we do about it? I don’t think that it is a legitimate claim because there is no such evidence in the case that Henry made the whole place poisonous. Jim argues that Henry has serious problems interacting with his coworkers and further adds that he was continually arguing with his coworkers a complaining to the store manager about working condition. But I would say good job to Henry for complaining for working condition because if there is no HR department and HR personnel to handle HR related issues then how could their working condition be qualitative. 4. Is it true that we really had to put Gavin back into an equivalent position, or was it adequate to just bring him back into a job at the same salary, bonuses, and benefits as he had before his leave? Yes! Gavin worked for Bandag for 10 years, the last two as manager of one of the company’s five stores so priority should be given to him. Bandag should offer him an equivalent position. Same salary, benefits, and bonuses are not enough to retain him. He is one of the experienced and valuable employees of the Bandag. So Bandag should retain him by offering him same level of position not only in terms of salary and remuneration but also in terms of authority and responsibility. 5. Miriam, the controller, is basically claiming that the company is retaliating against her for being pregnant, and that the fact that we raised performance issues was just a smokescreen. Do you think the EEOC and/or courts would agree with her, and, in any case, what should we do now? In my opinion, the EEOC and/or courts would agree with her because according to the Pregnancy Act If an employee is temporarily...
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