Workplace discrimination is not a new thing or something soon ending in organizations. Laws in place protecting employees from all forms of discrimination have achieved major positive outcomes in the past. However, some organizations still consciously and unconsciously put their employees through an array of problems that hinder their productivity and threaten their careers. This analysis digs into the Uber case study on a sexual harassment claim by Ms. Fowler. The study addresses the employment law undermined, the type of harassment the employee was exposed to, the company’s response to the issue, the importance of diversity, possible EEOC breach, and Uber’s legal provisions outlined in the case study.
Employment Law
The sexual harassment claim would be categorized under the United States Federal Employment and Labor Laws. Under the 1964 Civil Rights Act, Title VII protects employees from discrimination based on sex, color, race, nationality of origin, or religion(EEOC, n.d). Sexual harassment is a prohibited act under the discrimination clause of the act. Ms. Fowler was sexually harassed by her manager, and on reporting the issue to the human resource, the human resource responded to her case with disgust pointing out how such cases were not part of the company’s culture.
Type of Harassment
Ms. Fowler was exposed to sexual harassment. Weinberg and Nielsen define sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment that explicitly or implicitly affects an individual’s employment” (2017, p. 41). Miss Fowler’s response to the sexually themed texts from her manager proved that she did not welcome the advances and immediately sought intervention from the human resource department. The manager boldly used the company platform to intimidate Ms. Fowler. The harassment became more explicit as a culture of the organization when the human resource department ignored her concerns, terming her claims abhorrent and against the company’s culture.
Uber’s Actions
The first smart action Uber took was to release a diversity report. In the report, the company admits to lacking diversity giving the audience the illusion that it was fully acknowledging its weaknesses. The company noted the lack of diversity, as minority groups and women were significantly underrepresented. The company brought in executive employees, particularly women, to testify about its work environment. Bringing in women to give positive feedback when a woman was raising sexual harassment was meant to downplay the real issue needing attention and the experiences of Ms. Fowler. The company highlights its intention to enhance diversity without addressing the main problem that threatens diversity. Sexual harassment is part of the discrimination from which Title VII seeks to protect employees. Sexual harassment can occur even with diversity. Unfortunately, the company overlooked this and ignored that the manager used the company’s platform to orchestrate the harassment.
EEOC and Affirmative Actions
The released report identified significant loopholes indicating that the company had violated the Equal Employment Opportunity Commission’s regulations. EEOC protects employees from discrimination based on sex, race, disability status, religion, color, genetic information, and nationality of origin (EEOC, 2022). The report indicated that the company had underrepresented people of color and women, suggesting possible employment discrimination. Affirmative action includes all the positive steps an institution takes to improve the working environment for employees (U.S. Department of Labor, n.d). These actions may include making outreach efforts and designing training programs to advance employees indiscriminately. Uber only rolled out its affirmative action plan after the sexual harassment claim became public. The company planned to train its employees to embrace diversity and achieve a more inclusive environment after the scandal.
Diversity Matters
Diversity reflects the differences and similarities among people. Workplace diversity manifests in gender, sex, culture, race, professional background, and socioeconomic status. The importance of diversity in an organization has been largely emphasized in research. Diversity promotes productivity, creativity, innovation, and overall organizational performance (Saxena, 2014). Diversity helps organizations understand issues that affect different individuals that would otherwise remain buried if it did not tap into the differences. When Ms. Fowler reported the sexual harassment case, the human resource responded with disgust. This response might have been genuine and not a bid to portray the company as less caring for women. A possible cause of this is that the company has not dealt with different races, genders, or cultures in a magnitude that would help it understand that these issues are plausible in a work environment. The company might have overlooked the possibility of these issues arising because of its inexperience in embracing and managing a diverse workforce. Uber needs to expand its diversity to fully understand that these issues exist and can only be addressed when voiced.
Benefits/Challenges of a Diverse Workforce
Diversity is the strength of an organization. A diverse workforce comes with diverse talents and skills, which an organization can tap into to enhance innovation. Diversity enhances productivity and overall corporate performance because employees felt in place and represented (Saxena, 2014). Diversity enhances decision-making as a company has to acknowledge the needs of all employees and stakeholders. Diversity can be a significant challenge to an organization when not properly managed. Diversity without inclusion skews decision-making, creates communication problems, and can enhance biases and discrimination.
Legal Provisions of Uber
Uber is mandated to abide by federal employment, which requires organizations to remain conscious of discriminatory practices and prevent them at all costs. The company needs to take in diversity as a growth agent. However, diversity without inclusion and addressing important issues that affect it may not be a long-term product strategy. The company must embrace factors such as sexual harassment, which might hinder diversity.
Conclusion
Uber is one of the fastest-growing companies in the transport industry. Its growth is mainly attributed to its innovative approach to business and embracing technology. The company must understand that its innovation is anchored on diverse employees’ talents. It is important to abide by laws protecting employees.
References
EEOC. (2022). Know Your Rights: Workplace Discrimination is Illegal. Retrieved from https://www.eeoc.gov/sites/default/files/2022-10/EEOC_KnowYourRights_screen_reader_10_20.pdf
EEOC. (n.d). Title VII of the Civil Rights Act of 1964. Retrieved from https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,Pay%20Act%20of%202009%20(Pub.
Saxena, A. (2014). Workforce Diversity: A Key to Improve Productivity. Procedia Economics and Finance. Retrieved from https://www.researchgate.net/publication/263968805_Workforce_Diversity_A_Key_to_Improve_Productivity
U.S. Department of Labor. (n.d). Affirmative Action. Retrieved from https://www.dol.gov/general/topic/hiring/affirmativeact
Weinberg, J. D., & Nielsen , L. B. (2017). What is Sexual Harassment? An Empirical Study of Perceptions of Ordinary People and Judges. Saint Louis University Public Law Review. Retrieved from https://core.ac.uk/download/pdf/234183922.pdf
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