A lot of people in the world have a reason as to why they wake up early in the morning and come out of the house, some sleep late at night while others have to stay online with their machines.Majority do this to earn a living from their jobs.Different jobs have different schedules and one has to keep their schedules right by doing what is expected according to their company policy.This is what one has to read and understand, later sign with the employer for the work schedule to kick off.Employers must treat all employees equally without discrimination and work towards a specific goal which is company related.
This is not the case to most companies.Some companies tend to favor some employees while others discriminate and they end up violating Title VII of the Civil Rights Acts of 1964.It prohibits employment discrimination based on race, color, religion, sex and national origin. (U.S EEOC, n.d)
The results of such discrimination is so enormous on both the employer and the employee.The employee faces emotional distress and seeks for state agencies which tends to look for a way to promote justice through their proffesional expertise.The Unites States has a body that deals with such cases and this makes a clear avenue for the affected employees within the states.It is known as U.S Equal Employment Opportunity Commission.It has been in operation having its headquarters in Washington D.C and its operation in other 53 field offices world wide.(U.S EEOC, n.d)
In 2008 employees represented by Corina Scott from a company named Dillards in El Centro California used EEOC for file a lawsuit whereby the company required them to disclose their medical condition so that they can be granted the sick leave.
Dillard’s Inc. is one of the biggest retail stores in the USA founded in 1938 by William T Dillard in Los Angeles with 330 stores in 29 states and its headquarters in Little Rock Arkansas.It has a total number of 21600 employees who have been helping to serve the customers and ensure they achieve the highest level of satisfaction. (Dillard’s, 2017 )
The employees that were affected by the issue of disclosing their medical condition felt uncomfortable since they were not required to share the information with the company as according to the Health Care law.(Thomson R, 2017) Which states that a patient can only only disclose his or her medical records to the doctor and any third party But with her Consent through a signatory.From the case stated, the employees were threatened to disclose their medical condition to the company else they would be fired from their jobs completely.This resulted to some employees from the sales department being fired for not going to work due to medical attention even after submitting a doctors note requesting for sick leave.
The company ended up violating American with Disability Act (ADA) which advocates protection of people with different disabilities both job seekers and employees in a company.The employers should also not enquire of any of its employees disabilities if its not work related.(U.S Department of Labor, n.d)
COMPARISON WITH CLASS ACTION LAW SUIT
Ideally the issue of privacy and medical records is very vital according to the law.It is there the right of every employer to respect the patients privacy as far as the work relation agenda is attained.Various employers tend to discriminate and fire employees due to lack of disclosing their medical reports yet they are not among the third party list of disclosure.It is so unlawful and therefore the employer must face allegations and compensate the employee.
The problem affects the outcome of the company performance whereby the employees affected ends up not performing to their best since they feel their privacy is being intruded.This lowers their overall job participation from time to time
According to the Law the privacy of the employee should be highly upheld.One feels comfortable when his privacy is not intruded and he or she is able to work and perform because of the self satisfaction guaranteed.
The legal problem is not man made and so its not preventable from not affecting the employees at work.For this reason after seeking medical attention the doctor advices on how to live with the disability and still work or go to job.
According to the Law since being sick is not ones fault, an employer should not discriminate the sick or the employee with disability but treat them equally as far as they perform and he or she should also accept any document that the employee gets from the authorized doctor for approval of permission.This should not be done forcefully but by the employees consent.
If the employer forcefully or threatenes the employee for the documents he or she might be sued and will end up paying for the damages because of violating the Title VII of the Civil Rights Act of 1964.
PROS AND CONS OF CLASS ACTION LAW SUIT
Through class action the employees affected at Dillard’s Inc from August 16,2005 to August 15,2009 were compensated. The list of compensation also included the employees who were fired from the company from May 28,2008 for taking too much sick leave.(U.S EEOC, 2012) They were given a total of $2 Million to divide among themselves as their settlement.This is one way of obtaining justice when the company one works for acts by denying the affected employees justice.Every manager or supervisor representing a company must treat employees with respect and ensure justice (U.S Department Of Justice, 2017)
Employees get to know their civil rights, how they can be deprived and how they can work to ensure they are at per with the constitution. This enlightenment is revealed when the affected party comes across state agencies who investigates the cases and proffesionally comes up with a finding.The company that one might be working in might not have the time to train on the civil rights and this leads to employees working and signing the policy documents blindly.Several state bodies have come up to help the affected people example Equal Employment Opportunity Commission(EEOC).
The EEOC works to avoid segregation before it happens through effort, instruction and specialized help programs.It gives initiative and direction to all parts of the national government's equivalent work opportunity program. It guarantees government organization and division consistence with EEOC controls, gives specialized help to elected offices concerning EEO grievance arbitration, screens and assesses elected offices' confirmed business programs, creates and disperses elected segment instructive materials and behaviors preparing for partners.It also gives direction and help to Administrative Judges who lead hearings on EEO protests, and settles claims from authoritative choices made by elected offices on EEO protestations.(U.S EEOC, n.d)
Class action helps the company being the defendant to identify its failure and improve for the rest of the operations.From the case stated (EEOC v.Dillard’s , Inc, et al Case No. 08-CV-1780) Dillard’s Inc had to review its policies and make amendments by consulting an American with Disability Act expert, train both the supervisors and employees on ADA and come up with a tracking system for the employees.(U.S EEOC, 2012)
On the other, it is time consuming for Dillard Inc. to act on the Amendment suggested and this would be costly to the company thus affecting the company's financial position.Bearing in mind its settlement fee of $2Million already affected the business and its financial position.These charges pulls the company more lower on the market.The company ends up meeting unexpected liabilities whereas that amount would be used for business expansion.
Looking at the class action from another dimension, it can be a way of a group of employees misinterpreting the statement from the company supervisors in the name of ‘they are being threatened’.They tend to push on the theme once they are fired and try to seek for compensation from the big and well doing company.At the end of the day, the company ends up settling the settlement for the company fired employees.
FINANCIAL IMPACT OF THE COMPANY
Dillard’s Inc. Suffered a low sale performance in the year 2008 compared to 2007 whereby the total stock in 2007 amounted to $5769994 while in 2008 it amounted to $5336375.This led to unexpected negative gross margin performance. This did not attract the investors in the market who would buy the company's share because of its performance.
The case weakened the financial status of Dillard’s Inc whereby its settlement charges were $2Millionfor 3 years.The company went ahead to pay for the the amendment of the policy and cater for the expenses incurred during the training of the ADA to its supervisors and employees.
Due to a reduction number of employees in 2008 the company experienced an under performance from some of its stores.The company had to change their merchandise mix as a way of preventing losses in that year.
Later on in the company came with a way of reducing the capital expenditures and planned on closing Ten of its poorly performing stores.they include the following:
I.Turfland mall
II.Chesterfield Town Centre
III.GreelyMall
IV.Mc Farland Mall
V.Eastland Mall
VI.River center
VII.Knoxville Center
VIII.Towne Mall
IX.Pine Ridge Mall
X.Hickory Hillow Mall
(FORM 10-Q, 2008)
IMPACT ON THE INDUSTRY
The Industry has been experiencing growth by competitors though there have been economic shakes up. The top competitors includes; Jc penny Corporation Inc, Kohls Corporation and Macy’s Inc.
Though Dillard’s Inc performed poorly after the allegations most of the retailing stores have been shut while others are coming up with new strategies.
Reports from the competitors indicate that retailing stores are merging with well performing online business companies like Amazon.com.
Kohls Corporation CEO Kevin Mansell has decided to use that strategy due to its low sales from the retailing stores.(Market Realist, n.d)
Jc Penny Corporation performed well and achieved their set goals for the year having a proper inventory planning,that enabled them to give the right services to their customers.(J.c Penny. n.d)
Macy’s have come up with a relocation strategy to ensure they are close to their customers whereby they will also introduce new technologies to enhance customer satisfaction.Macy has been performing better than Dillard’s Inc thus enhancing growth in the industry.
Conclusion
Every employee has a right to privacy over his or her medical report.This should not affect them in the workplace. It it happens so, the doctor should communicate via a note to allow the supervisor to permit the employee with disability to have some sick off.
When an employer discovers from the employee that he or she has some disabilities, other than the supervisor discriminating, he or she should try and accommodate the employee.
When discrimination is practiced, the state has some bodies that investigates the allegations and comes up with a finding. This might cause some unfair settlement charges to the class affected from the defendant thus affecting the business financially.
Therefore all employees should be treated with respect and they should also have a body that fights for their civil rights at work.
Employers should train every new employee on the policies of the company to ensure that other than performing for the company they feel being part of the company, ie have a sense of belonging.