|In The Strategic Workforce Planning Process paper,Identify at least two court cases relating to Abercrombie & Fitch and Hooters, cite each case.|
Discuss the outcomes of each court case.
Reflect on each company’s strategic workforce planning.
Identify a company where the strategic workforce planning process strengthened the company, giving supporting facts and rational.
The Strategic Workforce Planning Process
The workforce is a significant resource to companies that understand the essence of talent management. Those unable to employ the workforce planning process face ethical and legal issues that may be consequential in the long run. This paper describes how Abercrombie & Fitch and Hooters have handled workforce planning and the outcomes of past lawsuits.
Court Cases and Outcomes
Abercrombie & Fitch Company
The first case is between EEOC and Abercrombie & Fitch Company. Abercrombie refused to hire Samantha Elauf (a practicing Muslim) because her headscarf conflicted with the company’s policies. EEOC filed a lawsuit against this company on behalf of the respondent, alleging that the practice was discriminatory towards her based on religion, a violation of Title VII of the Civil Rights Act of 1964 (International Labour Law Reports On, 2017). In a second case, the EEOC alleged that Abercrombie & Fitch engaged in “image discrimination” by hiring “only white, attractive young people with a look projected in their advertising” (O’Neill & O’Neill, 2012, p. 84).
In the first case, the Supreme Court held that an employer must not refuse to hire an applicant if the motivation is the desire to avoid accommodating a religious practice (Kaminer, 2016). Title VII holds that disparate treatment can exist due to failure-to-accommodate challenges. In the second case, Abercrombie & Fitch agreed to a settlement of $50 million to resolve the lawsuit along with the two class actions filed against the company: Gonzalez, et al. v. Abercrombie, et al. and West v. Abercrombie, et al. The company accepted to develop and implement better hiring and recruiting strategies, free from discrimination.
Hooters Company Court
In the first case: the waitresses alleged that the company required them to wear uniforms that encouraged harassment by male employees and customers to harass (Gettman & Gelfand, 2007). The cases got settled before they could proceed to trial. Second case: In December 1993, Savino Latuga and David Gonzales filed an employment discrimination complaint citing sex discrimination, a violation of Title VII. EEOC required the company to set aside a $10 million settlement fund for the identified discriminated male victims. However, Hooters took on the EEOC in a public relations campaign that finally pressured it to abandon the case.
Strategic Workforce Planning of the Companies
Abercrombie and Fitch (A&F) have gone through various scandals and compliance issues. However, it is still focused on improving employee retention and attracting top talents. The workforce is its significant competitive advantage. It has developed an effective workforce strategy that attracts young, good-looking women that have been the cause of an increase in customers. Hooters responded to cases of ‘discrimination by looks’ by alleging that such appearance requirements were bona fide qualifications for the job. Employees get development opportunities and access to an e-learning system.
PayPal is an example of a company with an excellent strategic workforce planning process. For instance, it pays great attention to understanding employees’ journeys, identifying their needs, and designing an experience that matches such needs. It partnered with Even (an on-demand pay platform) to improve its financial wealth for employees. Hence, the employees could receive payments early, budget their savings, and better plan their spending. There is a strong gender balance, with 44 percent women and 56 percent men globally as of 2016 (Schulman, 2016). Consequently, the company has thrived in innovation by relying on satisfied and committed employees.
Abercrombie & Fitch and Hooters companies have seen many compliance issues and lawsuits that have significantly impacted their current strategy. They both have had distinct workforce planning processes that have fostered better competition and bounced back from legal setbacks. Firms must develop strategies that improve performance and productivity, as employed in PayPal. Ultimately, a well-implemented workforce planning process is a crucial resource for modern organizations.
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Gettman, H. J., & Gelfand, M. J. (2007). When the customer shouldn’t be King: Antecedents and consequences of sexual harassment by clients and customers. Journal of Applied Psychology, 92(3), 757-770. https://doi.org/10.1037/0021-9010.92.3.757
International Labour Law Reports On, E. (2017). United States of America: Federal Supreme Court Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. 135 S.Ct. 2028 (2015). International Labour Law Reports Online, 35(1), 151-156. https://doi.org/10.1163/22116028-90000120
Kaminer, D. (2016). Religious accommodation in the American workplace: The consequences of the Supreme Court decision in EEOC v. Abercrombie & Fitch. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2794129
O’Neill, J., & O’Neill, D. M. (2012). The declining importance of race and gender in the labor market: The role of employment discrimination policies. Rowman & Littlefield.
Schulman, D. (2016). Building an inclusive and diverse workforce at PayPal. PayPal Newsroom. https://newsroom.paypal-corp.com/Building-an-Inclusive-and-Diverse-Workforce-at-PayPal
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