Ron Faced Certain Issues at the Workplace.

The assignment content revolves around a case study of Ron Whyme, a job applicant who claims that he was subjected to intentional discrimination by WDE (Whole Foods Market) due to his age (over 40). He had been received with lack of adequate technical and communication skills. His attorney claimed that he violated the Discrimination Ages Act of 1967. The analysis follows the guidelines of prima facie discrimination, which suggests that Ron was a protected group member who was qualified for the job but rejected. WDE claimed that they eliminated four offices, including RCM (Resource Center Manager), and did not provide any written comments or suggest biased age formation. The absence of evidence on Ron's performance and consultation during the promotional process raised questions about his qualifications. In conclusion, this research has discussed employment laws, disparate treatment, job specification in the context of US, and the importance of affirmative action plans.

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Running Head: Short Answer Questions
SHORT ANSWER QUESTIONS

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Running Head: Short Answer Questions
Table of Contents
Introduction......................................................................................................................................3
Short Answer Questions..................................................................................................................3
1.......................................................................................................................................................3
2.......................................................................................................................................................3
3.......................................................................................................................................................4
4.......................................................................................................................................................5
5.......................................................................................................................................................6
Essay questions................................................................................................................................7
1.......................................................................................................................................................7
2.......................................................................................................................................................8
3.......................................................................................................................................................9
Part A...............................................................................................................................................9
Part B.............................................................................................................................................10
Conclusion.....................................................................................................................................10
Reference list.................................................................................................................................12

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Running Head: Short Answer Questions
Introduction
The recent research is depicted on two main tasks on which first one has shed light on
five questions. Another one would be discussed in three essay type questions on which two
responses are made. There are two parts of final question, which would contain presentation of
disparate claim of treatment analysis. A rebuttal would be discussed from point of view of WDE.
Short Answer Questions
1.
Exception of public policy to the employment is presumed as “at will" in United States.
There are many well defined in employment such as “at will defined" where employer can be
able to terminate another employee at any time for specific reason. For instance, when an
employee is seen free to leave job at any time without any adverse legal outcomes, at will is said
to be defined. However, one exception is seen during illegal cases where an employee is found
without any incurring liability of legal content. Another public policy stated of employment is
“modification by term of contract” which describe contract making to specify employment term
and allow termination for reason only (Schipani, Milliken & Dworkin, 2016).
Exceptions of common law concerning at-will presumption are found in region of Montana
irrespective of U.S. In relation to public policy, example of termination is mostly recognized
with common law. Exception to at-will presumption ensures protection for employees against
actions of adverse employment cases, which violates public interest. Beside this, American Law
has proposed Third Restatement concerning Law of Employment, which identifies 4 categories
of public policy. Exception is refusing request of employee in commenting perjury at trial
(Ncsl.org, 2019).
2.
Discriminatory practices are disparate treatment as well as disparate impact. From
perspectives of disparate impact, it is referred to as unintentional discrimination, which occurs
when rules and policies appear as neutral and result in disproportion within protected group
(Kahn & Martin, 2016). On the other hand, disparate treatment is type of intentional
discrimination of employment in concern to US law of labor. It states unequal behavior of an
individual with reason of protected characteristic like race, gender and much more under VII of
US Act of Civil Rights 1964.
Disparate treatment Disparate impact
It is intentional discrimination concerning
employment.
It is an alternative to disparate treatment. This
means it is unintentional employment
discrimination.
Example: it occurs to test particular skill
which is under minority applicants
Example: it is used to test each applicant by
using results from test, which will eliminate

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Running Head: Short Answer Questions
minority applicants without any intention in
disproportionate way.
Table 1: Difference between Disparate treatment & disparate impact
(Source: Zafar, Valera, Gomez Rodriguez & Gummadi, 2017)
3.
Job description is defined as simple, organized, brief statement of job, which contain all
essentials of job in written state. In the words of Skeem, Monahan & Lowenkamp (2016), it is
considered as immediate as well as primary output concerning Job Analysis, which depict vivid
picture to incorporate all needs of occupation. Besides this, job specification is termed as
statement, which expresses minimum qualification of person to perform a specific job.
Job description is used to explain major job requirements by facilitating title, duties, and
responsibilities of job. It gives expression of employee to state her or his condition of placement.
It comprised of designation, workplace, scope, range of salary and many more. Thus, it captures
all relevant factors, which are relatable to particular job (Casella & Cox, 2018).
Job specification is used to describe employee’s qualifications and abilities to express
selection criteria of an applicant. They seek as Jobholders to convert job description into
pertinent qualifications of human. It is used during consultation process and needs help of job
supervisor and manager of Human Resource. Psychological features, demographic, physical
and personal features are enlisted here to personify someone age, gender, weight, attitude,
mental ability and so on (Mas & Pallais, 2017).
4.
Comparison between replacement charts & succession planning is described below:
Options Succession planning Replacement chart
Definition It is oriented around people of
development irrespective of
identifying applicant as
replacements.
It is the organizational chart,
which will remain similar
over time and act by basing
upon premise.
Goal Goal is to produce deep bench
of strength throughout
organization.
Goal is to enable continuous
operations by focusing on
vital positions within short
time period.
Time frame It is much more systematic
and carried out to meet needs
of long-term basis in an
organization.
It is critically vital to perform
organizational continuity,
which addresses needs of
short term of a company.
Approach More systematic to meet open
positions in a company
It is not much systematic as
succession planning rather

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Running Head: Short Answer Questions
ensures to fill up ad-hoc
demands (Johnson, Pepper,
Adkins & Emejom, 2018).
Why it is needed in a
company?
It is required for replacement
of the key personnel, to
support anticipated growth
and deal with shortage
initiative. Example: it is
needed during Knee Jerk
placements and hiring.
It is requisite to encourage
promotions, motivates talent
pool, and produce
implementation process
successfully. For example:
during recruitment
Table 2: Succession planning Vs. Replacement Chart
(Source: Alvani, Souteh, Jandaghi & Inaloo, 2016)
5.
The different ways where a firm deals with employee surpluses temporarily are as follows:
● Layoffs: It reduces surplus of labor through layoffs, which seems obvious however, it
depends on reason of surplus. Permanent changes of market occur due to presence of
excess staff which let employees went on with best response. Under temporary surplus
hiring costs and training can be considered to include expense of retained staff.
● Outsourcing: To meet staffing needs, this is required to regulate employment. When a
business subjects towards fluctuating needs of staffing, use of outsourcing is necessary to
eliminate labor deficits. This can, therefore, leads to undergo business in smooth manner.
● Retraining: Retrained employees remain familiar with culture of enterprise to offer
present as well as future flexibility of expense that includes cost of hiring. Through this
method, many surpluses of labor would affect departments of businesses throughout the
board (Giuliano, Kampelmann, Mahy & Rycx, 2017).
● Hiring freeze: Implementation through this process can prevent aggravation of labor
surpluses. Managers of downstream variation can explore options to meet needs of labor
without addition of overall payroll of a company.
● Modified plans: Offering an absence leave could help to carry out temporary surplus in a
smooth process. It may welcome reduced working hours, which would have same effect
of net based on pay cut. This, in turn, reduces hours of work to maintain wage rate
effectively.
Essay questions
1.
Affirmative action is defined as initiative of policymaking in which nationality, religion,
caste, sex of an individual are taken into consideration to expand employment in a company. In
addition, it helps to enhance educational opportunities of government planning by providing it to
the underprivileged citizens. In contrary to US, these actions are set of regulatory laws and
guidelines which are intended to correct effects of specific discrimination form. Affirmative
action includes programs of government mandated and sanctioned, or voluntary private form,

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Running Head: Short Answer Questions
which tends to grants impetus towards public desire (Arcidiacono & Lovenheim, 2016). For
example, in US, high institutions of education ensure voluntarily policies to enhance recruitment
concerning racial minorities.
According to affirmative action policies or plans, it states that they are those policies,
which are framed to enhance diversity among students, or employees or businesses to support
candidates from non- represented social groups across the countryside. According to Miller
(2017), these are considered as universally controversial which underpins with only temporary
actions to existing social inequities. These action plans are titled under VII of Act of Civil Rights
of 1964 to prohibit racial discrimination with total of 25 employees in a business. It was created
by Order of Executive 10925 and signed by President Kennedy in the year 1961. Moreover, US
implemented "Plan of Revised Philadelphia” as first policy of federal origin in 1969 that
organized contractors of government to establish both “goals and timeframes”.
In 1965, these action policies affirmed commitment of federal government in order to
promote same opportunities of employment. Later it was extended for women under Executive
order of 11375 in year 1967 to add “sex” class and update protected categories. Apart from this,
other affirmative action sources include mandates of nondiscrimination content such as
Americans Disabilities Act, 1990. Role of this action plan is to improve social equality via
preferential treatment concerning socio-economic disadvantaged people. However, problem with
this action plan has occurred in creation path where it is termed as “reverse discrimination”
(Hg.org, 2019).
Equal Opportunity Commission of Employment (EEOC) produces dynamic effects in
concern to affirmative action plan. This regulates laws, policies, and plans within time of 1978 to
2004. Furthermore, Phelps model regarding statistical discrimination act as profound paradigm
to shape affirmative action plan of US in effective way (Miller, 2017). It aims to promote
personal abilities in developing testing of jobs, harnessing networks of referral, establishing
relationships thereby utilizing intermediaries like learning opportunity in schools, employment
agencies and much more.
2.
In viewpoint of the three stores of grocery in US, improvement of recruitment section is
discussed below:
a) Nugget Markets
This company values and care coffee along with tea ingredients with help of few
companies. They used Equator Coffee and Teas to lead brew business and uses Clover Sonoma
to take care of both land as well as animals. They sell wines, which are announced as "wines of
month" in March 2019. In perspectives of recruitment, they provide communities with high-
quality scale of groceries at excessively low price. They recruit employees by maintaining
"RAVE” approach (Respect, appreciate, value everyone). This company provides 100% healthy
and organic foods to people and they follow policy of non-discrimination to accomplish equal
opportunity to each people who want to enter their business.
According to diversity and culture at workplace of this food market, they contain 45%
minorities, 6% Asian, 29% Hispanic and much more throughout United States. They have
general pay off time with 23% rate where employees can enjoy 8 days of sick leave. In terms of
compensation, they provide compensation for all salaried employees including store director.
They ensure promotional strategy for staffing to grow both full time as well as part-time jobs.
Number of applicants of job is accounted with 17, 358 of employees until now wherein 19

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Running Head: Short Answer Questions
average applicants seek for open up positions. Moreover, they offer paid vacation with 401k
discounts, assure benefits of Paid Time off (PTO). They also produce on-job training,
mentoring programmes for recruitment. Other benefits in this concern include contribution of
retirement plan and pension plans (Nuggetmarket.com, 2019).
b) Wegmans Market of Food
They value above 4,000 organic foods with 49, 000 of employees. Their recent sales state's $8.9
billion in 2017 who offer customers all vegan products like gourmet sandwiches, soups, sushi
and much more. Apart from this, they follow five strategies to recruit employees in their
business. First, one is use of social media platforms like Facebook, Twitter through which
advertisement is provided to lure and recruit people in an efficient way. This, in turn, helps the
company to position in better position. They value multigenerational workforce to enhance
potentiality of recruitment and eliminate financial crisis thereafter (Wegmans.com, 2019).
They look after millennials candidates to know present view of their food market in front
of people. Next strategy, which they maintain, is not to confuse rewards. Both executives of HR
and leadership of the company make large investment to develop better relationships with
workers and recruit them more. Furthermore, they perform full-time training programs for 6
months to recruit people and open up new store (Wegmans.com, 2019).
c) Whole Market of Foods
They provide healthy food products of gluten-free, paleo, and vegan content with extremely
low-fat origin. They ensure panel interview to recruit employees, which is long standing
formation of tradition. They did not treat people as robots instead pay respect to motivate and
hire them. They practice deep conversation by meeting with manager to hire large scale of
employees. Moreover, they build apprenticeship and mentoring programs for recruiters with
overall 1.5 million applications every year. They dive into online platform strategies and
promote individuals with help of social networking sites like Facebook, Twitter, Instagram and
much more. Milestones like advanced degree and certifications are required to perform efficient
customer services by the employees (Careers.wholefoodsmarket.com, 2019).
3.
Part A
Insurance Company of We Deny Everything (WDE) has handled massive claims volume
where Ron faced certain issues at the workplace. His job was eliminated from position of
Regional manager of Center (RCM). He has been received with lack of adequate technical as
well as communication skills. He did not receive any input source from HR department and
lacked written description of job. His attorney named as Lincoln had claimed that he had violated
Discrimination Ages as per Act of Employment of 1967. Besides this, it was evident that Ron
was over age of 40, which was beyond positions of specialist of corporate claims (CCS).
Therefore, he is subjected to intentional discrimination that means disparate treatment has been
claimed.
According to Prima Facie Discrimination, four elements have been followed in cases by
Ron Whyme. From first perspective of these guidelines, it is known that Ron has followed as a
protected group as the plaintiff member. This is due to the fact thathe failed to prove his evidence
with issues within the business of WDE. Second element suggested that plaintiff that is Ron was
qualified at last in this case in all respect to seeking the job. Moreover, he was rejected for fully

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Running Head: Short Answer Questions
qualified skills and finally after rejection, he continued to seek job role as applicant with his
present qualifications (Dunn, 2015).
Part B
From the point of view of the company WDE, it is noticed that corporate claims are
headed with four centers with help of senior vice president. The company has decided for claims
functions to eliminate those four offices along with position of RCM. This company stated that at
the end of case between Lincoln and Ron, Lincoln did not revealed any written comments and
suggests that biased age formation has been addressed including Ron.
The company did not find any of responses, which would give claim of Ron,’s lacking
identity. As a result, there was absence of evidence of Ron's performance. After interview of
boss of Ron was revealed, no consultation has been found during promotional process.
Furthermore, his boss proved that Ron was legally qualified to take job of CCS (Noe,
Hollenbeck, Gerhart & Wright, 2017). Based on this statement, it can be said that as there was no
definite evidence of Ron's weakness in qualification, WDE is not supposed to account of any
claim of disparate treatment content.
Conclusion
From the above analysis, it can be concluded that this research has been broadly discussed in
two parts. First part is consists of discussion on employment laws, disparate treatment, job
specification in context of US. Replacement charts and succession planning are differentiated
and ways are underlined which helps in labor surpluses.
Besides this, importance of affirmative action and its plans are outlined properly. Roles
of recruitment in relation to three groceries have been mentioned. Finally, an analysis of
disparate treatment and rebuttal has been given regarding WDE.

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Running Head: Short Answer Questions
Reference list
Books
Dunn, W. N. (2015). Public policy analysis. Abingdon: Routledge.
Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2017). Human resource
management: Gaining a competitive advantage. New York, NY: McGraw-Hill
Education.
Journals
Alvani, S. M., Souteh, R. G., Jandaghi, G. R., & Inaloo, A. B. (2016). Presenting a Succession
Management Model Based on Organizational Capabilities in Knowledge-Based
Organizations (Case Study: Science and Technology Park of Tehran University and
Science and Technology Park of Tarbiat Modares University. Mediterranean Journal of
Social Sciences, 7(2 S2), 199.
Arcidiacono, P., & Lovenheim, M. (2016). Affirmative action and the quality-fit trade-
off. Journal of Economic Literature, 54(1), 3-51.
Casella, A., & Cox, A. B. (2018). A property rights approach to temporary work visas. The
Journal of Legal Studies, 47(S1), S195-S227.
Giuliano, R., Kampelmann, S., Mahy, B., & Rycx, F. (2017). Short notice, big difference? The
effect of temporary employment on firm competitiveness across sectors. British Journal
of Industrial Relations, 55(2), 421-449.
Johnson, R. D., Pepper, D., Adkins, J., & Emejom, A. A. (2018). Succession planning for large
and small organizations: a practical review of professional business corporations.
In Succession Planning (pp. 23-40). Palgrave Macmillan, Cham.
Kahn, K. B., & Martin, K. D. (2016). Policing and race: Disparate treatment, perceptions, and
policy responses. Social Issues and Policy Review, 10(1), 82-121.
Mas, A., & Pallais, A. (2017). Valuing alternative work arrangements. American Economic
Review, 107(12), 3722-59.
Miller, C. (2017). The persistent effect of temporary affirmative action. American Economic
Journal: Applied Economics, 9(3), 152-90.
Schipani, C. A., Milliken, F. J., & Dworkin, T. M. (2016). The Impact of Employment Law and
Practices on Business and Society: The Significance of Worker Voice. U. Pa. J. Bus.
L., 19, 979.
Skeem, J., Monahan, J., & Lowenkamp, C. (2016). Gender, risk assessment, and sanctioning:
The cost of treating women like men. Law and human behavior, 40(5), 580.
Zafar, M. B., Valera, I., Gomez Rodriguez, M., & Gummadi, K. P. (2017, April). Fairness
beyond disparate treatment & disparate impact: Learning classification without disparate
mistreatment. In Proceedings of the 26th International Conference on World Wide
Web (pp. 1171-1180). International World Wide Web Conferences Steering Committee.
Websites
Careers.wholefoodsmarket.com. (2019), Our Hiring Process, Retrieved on 15th March 2019 from
https://careers.wholefoodsmarket.com/global/en/hiring-process
Hg.org. (2019), What is Affirmative Action and Why Was it Created? Retrieved on 15th March
2019 from https://www.hg.org/legal-articles/what-is-affirmative-action-and-why-was-it-
created-31524

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Ncsl.org. (2019), THE AT-WILL PRESUMPTION AND EXCEPTIONS TO THE RULE,
Retrieved on 15th March 2019 from http://www.ncsl.org/research/labor-and-
employment/at-will-employment-overview.aspx
Nuggetmarket.com. (2019), An extraordinary grocery experience, Retrieved on 15th March 2019
from https://www.nuggetmarket.com/
Wegmans.com. (2019), Everything you need to make your meal complete, Retrieved on 15th
March 2019 from https://www.wegmans.com/