Reference no: EM132754875

You are the Vice

President of Human Resources for your company. The following situation has occurred, and you are responsible for addressing it.

Your company is a large manufacturing facility, where you produce industrial solvents. Most of your positions are physically intensive, and can be considered dangerous. You are classified as a federal contractor, and maintain an affirmative action plan.

You were just informed that four employees at your facility were terminated by their immediate supervisor, because "they just weren't able to do the job". Two of these employees were female, and the other two were non-white males. You were also informed that one of these female employees has a degenerative condition in her back, which causes her to experience pain when trying to lift objects from the ground level.
The CEO has asked you to advertise for four replacement employees for these physically intensive positions. You advertised for these positions in the same manner your company always has - through the local newspaper. The CEO also told you that he wants the advertisement to state that applicants will need to be able to lift at least 35 pounds, and that multilingual applicants were preferred.
There were thirty applicants for these four positions. The four people that were offered employment were all younger white males, none of which were multilingual.

Soon after, you received a letter from a local legal firm, stating that they were representing one of the applicants that was not offered a position. The legal firm has requested to see the EEO-1 Report data that shows the racial and ethnic designations of the 30 applicants. For these 4 positions advertised, the racial and ethnic designations of the 30 applicants show the following:
4 of the applicants were white males
6 of the applicants were white females
3 of the applicants were black males
10 of the applicants were Hispanic males
7 of the applicants were unidentified

In addition, you just received a letter from the Office of Federal Contract Compliance Programs that your company has been selected for a full desk audit in relation to your affirmative action plan.

-What potential violations has your company committed with regard to the Civil Rights Act, if any?

-What potential violations has your company committed with regard to the Americans Disabilities Act, if any?

-What potential issues will your company have with regard to your Affirmative Action Plan, if any?