EEOC v. Morton Buildings, Inc.

EEOC v. Morton Buildings, Inc.

No. 3:04-CV-02122 (N.D. Tex. June 5, 2006)
The Dallas District Office of the EEOC filed this Title VII case alleging that the
defendant, a national construction company in Illinois, discharged the charging
party (CP) from her sales consultant position at its Texas office because of her sex.
The manager of the McKinney office hired the CP, who had 30 years of sales and
marketing experience (20 in commercial real estate construction and sales), as a
sales consultant in December 2002, despite initial resistance from the Western
Region manager who pressed him to hire an inexperienced male instead. The
regional manager made statements to the CP and other staff suggesting that he
was uncomfortable with women working in construction sales. In June 2003,
during a period of decreased sales, the defendant fired the CP, ostensibly for lack of
production. Defendant retained male trainees who were hired at the same time as the
CP and who had made fewer sales for the defendant than the CP had. The CP and
was the only female sales consultant in the McKinney office and one of only four in
its five-state Western Region.
Under the one-year consent decree resolving this case, the defendant will pay the CP
$275,000 in monetary relief and provide her with a letter of reference agreed to by
the parties. The defendant will conduct two training sessions on the requirements
of federal anti-discrimination laws at the defendant’s construction center facilities in
the Southern Plains Region and will report to the EEOC on all sex discrimination
complaints made during the term of the consent decree, including the resolution of
such complaints.

What could the HR department have done to mitigate risk in this case and/or what can they do to mitigate risks of this nature in the future?

Rubric

Criteria Ratings Pts

This criterion is linked to a Learning OutcomeQuality of Writing and Proofreading

2.5 pts

Written responses are free of grammatical spelling or punctuation errors. The style of writing facilitates communication.

2.0 pts

Written responses are largely free of grammatical, spelling or punctuation errors. The style of writing generally facilitates communication.

1.5 pts

Written responses contain a few errors in spelling, grammar and punctuation, etc. Some errors but not so many to indicate repetitive distractions.

1.0 pts

Written responses include some grammatical, spelling or punctuation errors. The errors distract the reader.

0.5 pts

Uses incorrect grammar and incorrect sentence structure consistently. The errors interfere with the communication process.

2.5 pts

This criterion is linked to a Learning OutcomeComprehension of material

3.0 pts

The writer understands significant ideas relevant to the issue under discussion. This is indicated by correct use of terminology, precise selection of information components required to make a point. Correct use of examples .

2.4 pts

Able to distinguish and comprehends a deeper meaning on most occasions. Ideas are reasonably clear. Some subjective evaluation is necessary to determine what the writer means.

1.8 pts

Comprehends the surface level meaning of the material and begins to relate issues to general knowledge and experience

1.2 pts

Demonstrates some basic comprehension of the material . Does not make connections with the bigger picture.

0.6 pts

Not comprehending or reflecting on what is read or viewed

3.0 pts

This criterion is linked to a Learning OutcomeLength, content and ability to interpret and answer assignment

1.5 pts

Work demonstrates that all tasks were completed Showed some originality and extra initiative in completing assignment.

1.2 pts

Work demonstrates that significant effort was made to attempt all aspects of the assignment. Ideas connected clearly.

0.9 pts

Work demonstrates that some effort was made to attempt all tasks that were assigned. Occasional sense of engagement of writer with the subject matter.

0.6 pts

Little effort was made to attempt all tasks that were assigned. Ideas were connected but weak

0.3 pts

Very little effort was given to the task assignment. No response was given.

1.5 pts

This criterion is linked to a Learning OutcomeRelevance of answers, opinions and ideas.

3.0 pts

Student is clearly expressing arguments, opinions and responses in answering assignments. Superior ideas and insights. Answers are clear and complex.

2.4 pts

Student is more consistent in expressing arguments, opinions and responses when answering assignments

1.8 pts

Student is learning to develop and express arguments, opinions and responses in answering assignments. More complex and insightful answers.

1.2 pts

Not developing their ability to express arguments, ideas or opinions. Ideas are not complex or insightful. May include some information that distracts from central purpose.

0.6 pts

Student is not able to express opinions, ideas, and responses due to inadequate writing skills. Ideas are unclear.

3.0 pts

Total Points: 10.0

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